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PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 13 JUNE 2018
Page 75 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
13 JUNE 2018
ITEM 4.3 DEVELOPMENT APPLICATION - DA 2-2018 - VARIATION TO THE BUILDING ENVELOPE - 7 STAUNTON PLACE, GOOGONG
ATTACHMENT 1 ASSESSMENT REPORT - DA 2-2018 - VARIATION TO
BUILDING ENVELOPE - 7 STAUNTON PLACE, GOOGONG
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 1 - Assessment Report - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong
(Continued)
Page 76 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
MATTERS FOR CONSIDERATION UNDER SECTION 4.15 (formally known as Section 79C)
Environmental Planning & Assessment Act 1979 (as amended)
Development Application No: 2-2018
Details of Proposal: Enlargement of building envelope
Address and Property Description:
7 Staunton Place, GOOGONG NSW 2620; LOT 32 DP 270301
Zoning: E4 - Environmental Living
Local Environmental Plan: Queanbeyan LEP 2012
Assessing Officer: Gary Cheung
Date of Inspection: 10 April 2018
Key Issues: 1. Mount Campbell Community Association (Community Association) refuse to grant consent to change the Building Envelop in the Community Management Statement (CMS)
2. Unauthorised Class 10A structures outside the Building Envelope. All of these structures are minor and some of these structures may be exempt development if it is located within the Building Envelope.
Secondary Assessing Officer Phillip Coman
INTEGRATED DEVELOPMENT: Fisheries Management Act 1994 No Heritage Act 1977 No Mine Subsidence Compensation Act 1961 No National Parks & Wildlife Act 1974 No Protection of the Environment Operations Act 1997
No Roads Act 1993 No
Rural Fires Act 1997 No Water Management Act 2000 No
Subject site
Figure 1: Subject site
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 1 - Assessment Report - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong
(Continued)
Page 77 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
Relevant Site History
19 Jan 2010 25 April 2013 17 Jan 2015 1 Mar 2018
Proposed Development
The proposed development is to enlarge the building envelop to cover all structures on the land. This will allow some of the currently unauthorised structures to become exempt development and remaining structures the ability be cover by a Building Identification Certificate.
A BUILDING SURVEYOR MUST COMPLETE THE FOLLOWING MATTERS FOR CONSIDERATION
The provisions of any matters prescribed by the EP & A Regulations that apply to the land to which the development application relates;
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 1 - Assessment Report - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong
(Continued)
Page 78 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
Clause 92 - Australian Standard AS 2601-1991 (Demolition of Structures): N/A Clause 93 - Fire Safety Considerations (change of use of an existing building): N/A Clause 94 - Fire Safety Considerations (rebuilding/altering/enlarging/extending existing building): N/A
THE REMAINING MATTERS OF CONSIDERATION ARE TO BE ADDRESSED BY THE PRIMARY ASSESSING OFFICER
State Environmental Planning Policies
The proposed development has been assessed in accordance with the requirements of the relevant State Environmental Planning Policies (SEPPs) including any draft SEPPs and a summary is provided in the following table:
SEPP COMMENTS COMPLIES
(Yes/No)
State Environmental Planning Policy No 55 – Remediation of Land
Clause 7(1) prescribes that a consent authority must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated. There are no records of the site being previously used for any potentially contaminating purposes.
Yes
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017
This Policy applies to all non-rural areas of the State, meaning all residential, business, industrial, recreation, environmental (except E1 – National Parks and Nature Reserves), and special purpose zoned land. There are no vegetation proposed to be removed as part of this DA.
Yes
State Environmental Planning Policy (Infrastructure) 2007
The provisions of this Policy have been considered in the assessment of the application. The site is not located in or adjacent to road corridor nor does it have a frontage to a classified road. The site is not located within or immediately adjacent to an easement for electricity purposes or immediately adjacent to an electricity substation.
No development is proposed within 5m of an overhead powerline and no ground penetrating work is proposed within 2m of any underground electricity services.
Yes
The following SEPPs have been considered and do not apply to this development. State Environmental Planning Policy No. 1 – Development Standards
State Environmental Planning Policy No. 6 - Number of Storeys in a Building
State Environmental Planning Policy No. 21 - Caravan Parks
State Environmental Planning Policy No. 22 - Shops and Commercial Premises
State Environmental Planning Policy No. 30 - Intensive Agriculture
State Environmental Planning Policy No. 32 - Urban Consolidation (Urban Land)
State Environmental Planning Policy No. 33 - Hazardous and Offensive Development
State Environmental Planning Policy No. 36 - Manufactured Home Estates
State Environmental Planning Policy No. 44 - Koala Habitat Protection
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 1 - Assessment Report - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong
(Continued)
Page 79 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
State Environmental Planning Policy No. 50 - Canal Estate Development
State Environmental Planning Policy No. 62 - Sustainable Aquaculture
State Environmental Planning Policy No. 64 – Advertising and Signage
State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development
State Environmental Planning Policy No. 70 - Affordable Housing (Revised Schemes)
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017
State Environmental Planning Policy (Exempt and Complying Development) 2008
State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
State Environmental Planning Policy (Major Development) 2005
State Environmental Planning Policy (Mining, Petroleum and Extractive Industries) 2007
State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007
State Environmental Planning Policy (Rural Lands) 2008
State Environmental Planning Policy (State and Regional Development) 2011
State Environmental Planning Policy (Urban Renewal) 2010
Regional Environmental Plans
None relevant.
Local Environmental Plans
The proposed development has been assessed in accordance with the relevant requirements of the Queanbeyan Local Environmental Plan 2012 and no relevant draft LEPs apply to the land. A summary is provided as follows:
QUEANBEYAN LOCAL ENVIRONMENTAL PLAN 2012 COMMENTS COMPLIES
(Yes/No)
Part 1 Preliminary
Clause 1.2 Aims of Plan
The relevant aims of the Plan to the proposed development are as follows: a) to facilitate the orderly and economic use and development of land in
Queanbeyan based on ecological sustainability principles; b) to provide for a diversity of housing throughout Queanbeyan; c) to provide for a hierarchy of retail, commercial and industrial land uses
that encourage economic and business development catering for the retail, commercial and service needs of the community;
d) to recognise and protect Queanbeyan’s natural, cultural and built heritage including environmentally sensitive areas such as Queanbeyan’s native grasslands, the Queanbeyan River and Jerrabomberra Creek;
e) to protect the scenic quality, views and vistas from main roads and other vantage points within Queanbeyan of the escarpment and Mount Jerrabomberra; and
f) to maintain the unique identity and country character of Queanbeyan. The proposed development is considered to be generally consistent with the relevant aims of the QLEP 2012.
Yes
Clause 1.4 Definitions
The proposed development is to amend the building envelope to allow for ancillary structures
Yes
Clause 1.9A Suspension of Covenants, Agreements and Instruments
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 1 - Assessment Report - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong
(Continued)
Page 80 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN LOCAL ENVIRONMENTAL PLAN 2012 COMMENTS COMPLIES
(Yes/No)
The property is located within the Mount Campbell estate and subject to the Mount Campbell Community Management Statement (CMS), which specified the building envelope for each lot, and under By-Law 5.4 the building envelope can be varied only with the consent of Council and unanimous consent of the Association. Clause 1.9A of QLEP 2012 allow Council to suspends any agreement, covenant or other similar instrument that restricts the carrying out of that development for the purpose of enabling development on land to be carried out in accordance with the LEP or with a development consent. This clause does not apply to:
a covenant imposed by the Council or that the Council requires to be imposed, or
any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or
any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
any planning agreement within the meaning of Division 6 of Part 4 of the Act.
The CMS is created under the Community Land Development Act 1989 and Community Land Management Act 1989, and managed by the Mount Campbell Community Association; therefore it is an agreement, covenant or other similar instrument that can be suspended by this Clause to allow Council to grant development consent.
Yes
Part 2 Permitted or Prohibited Development
Clause 2.1 Land Use Zones
The subject site is zoned E4 Environmental Living. The proposal is related to the dwelling house and its ancillary structure, therefore it is Permitted with Consent in the zone.
Yes
Clause 2.3 Zone Objectives and Land Use Tables
The objectives of the zone are:
To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
To ensure that residential development does not have an adverse effect on those values.
To encourage development that is designed to recognise the bushland character of the locality where appropriate and to minimise the impact of urban development, particularly on the edge of the urban area.
To ensure that rural residential development provides for integrated rural residential communities in its design.
It is considered that the proposed development generally satisfies the objectives of the zone
Yes
Clause 2.7 Demolition requires development consent
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 1 - Assessment Report - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong
(Continued)
Page 81 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN LOCAL ENVIRONMENTAL PLAN 2012 COMMENTS COMPLIES
(Yes/No)
The proposal does not involve demolition of an existing structure.
Not Applicable
Part 4 Principal Development Standards
Clause 4.3 Height of buildings
The proposal does not involve the erection of any structure.
Not Applicable
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 1 - Assessment Report - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong
(Continued)
Page 82 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
Clause 4.4 Floor space ratio
The proposal does not involve the erection of any structure.
Not Applicable
Part 5 Miscellaneous Provisions
Clause 5.10 Heritage conservation
The land is not identified as a heritage item, located within a Heritage Conservation Area or has any heritage significance.
Not Applicable
Clause 5.11 Bush fire hazard reduction
The application does not involve any bush fire hazard reduction works.
Not Applicable
Part 7 Additional Local Provisions
Clause 7.1 Earthworks
The proposal does not involve the erection of any earthworks.
Not Applicable
Clause 7.2 Flood Planning
The site is not identified as “flood planning area” on the Flood Planning Map, and is not at or below the flood planning level.
Not Applicable
Clause 7.3 Terrestrial biodiversity
This clause is not considered relevant to the proposed development as the site is not identified as “Biodiversity” on the Terrestrial Biodiversity Map.
Not Applicable
Clause 7.4 Riparian land and watercourses
This clause is not considered relevant to the proposed development as the site is not identified as “Watercourse” on the Riparian Land and Watercourses Map”.
Not Applicable
Clause 7.5 Scenic protection
This clause is not considered relevant to the proposed development as the site is not identified as “Scenic Protection Area” on the Scenic Protection Map.
Not Applicable
Clause 7.6 Airspace operations
The proposed development will not penetrate the Obstacle Limitations Surface Map for the Canberra Airport. Therefore the application was not required to be referred to the relevant Commonwealth body for comment.
Yes
Clause 7.7 Development in areas subject to aircraft noise
This clause is not considered relevant to the proposed development as the site is not located near the Canberra Airport or within an ANEF contour of 20 or greater.
Not Applicable
Clause 7.8 Active street frontages
Not Applicable
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 1 - Assessment Report - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong
(Continued)
Page 83 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
This clause is not considered relevant to the proposed development as the site is not identified as “Active street frontage” on the Active Street Frontages Map”.
Clause 7.9 Essential services
Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required:
(a) the supply of water,
(b) the supply of electricity,
(c) the disposal and management of sewage,
(d) stormwater drainage or on-site conservation,
(e) suitable vehicular access. Council’s Development Engineer has assessed the proposed development and confirmed that it has suitable vehicle access and adequate services are available, or can be made available.
Yes
Clause 7.10 Development near Cooma Road Quarry
This clause is not considered relevant to the proposed development as the site is not identified as “Buffer Area” on the Quarry Buffer Area Map”.
Not Applicable
Clause 7.11 Development near HMAS Harman
This clause is not considered relevant to the proposed development as the site is not located within 2 kilometres of HMAS Harman or within Zone IN1 General Industrial or Zone IN2 Light Industrial.
Not Applicable
any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority;
Draft State environmental planning policies: No draft SEPPs relevant.
Draft regional environmental plans: None relevant.
Draft local environmental plans: None relevant.
any development control plan;
QUEANBEYAN DCP 2012 COMMENTS
Section Controls Compliance / Conditions
PART 1 – ABOUT THIS DEVELOPMENT CONTROL PLAN 1.8 Public Notification Of A Development Application
The development application was notified to adjoining owners and two submissions were received.
Yes
PART 2 – ALL ZONES
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 1 - Assessment Report - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong
(Continued)
Page 84 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
2.3 Environmental Management The proposed development will not result in any significant environmental impacts and is not located within the vicinity of arterial roads, entertainment venues or the like.
Yes
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 1 - Assessment Report - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong
(Continued)
Page 85 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
2.4 Contaminated Land Management Refer to SEPP 55 assessment.
Yes
2.8 Guidelines for Bushfire Prone Areas The site is identified as bushfire prone land, however no new buildings are proposed to be erected and existing unauthorised buildings will be assessed under the Application for a Building Identification Certificate.
Yes
2.9 Safe Design The proposed development generally satisfies the relevant provisions of this clause.
Yes
2.12 Preservation of Trees and Vegetation The proposed development does not require the removal of any existing vegetation.
Yes
PART 6 – ENVIRONMENTAL ZONES AND R5 LARGE LOT RESIDENTIAL ZONES 6.3 Design Principal of Subdivision
There are some controls under for the establishment of building envelope under this section, however these are not applicable as they are intended for lots that are at least 2ha (this lot has an area of 0.7ha) This lot is part of stage 2 of the original subdivision of Mount Campbell estate and a review of the file Council’s files does not provide any specific information on the factors influencing the size and location of the Building Envelope. However the letter dated 22 June 2001 from Peter Wilden identified the method used to determine the Building Envelope in Stage 1, it is assumed that Stage 2 adopted this approach. It states that: “The layout is generally in accord with the approved plan and the building envelopes have been located to avoid as much as possible interference with the tree cover. Set backs from all boundaries are a minimum of ten metres as discussed and areas of the envelopes are all over 1200 square metres.” The new building envelope has an approximate 1m setback from the western boundary to include the timber shed. Base on Nearmap photos, the timber shed was there since 19 January 2010 and no complaint has been received. In addition, given the size of the blocks, it is not unusual for small structures to be located close to the boundaries, as long as they do not result in negative impact on neighbours. The proposed enlargement of the building envelope will allow for these minor structures to stay and will not result in any detrimental impact on the rural character of the locality.
Yes
the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality;
The Likely Impacts of the Development
Context and Setting - The development will have a minimal impact on the scenic qualities and features of the landscape including views and vistas and is compatible with the established character of the locality. There will be minimal impact on adjacent properties in relation to overshadowing and privacy.
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 1 - Assessment Report - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong
(Continued)
Page 86 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
Access, Transport and Traffic - The proposed development’s impact in relation to access, transport and traffic is considered to be acceptable. The matters relating to parking and access have been previously addressed under Part 2 of the QDCP 2012.
Public Domain - The proposed development will not adversely impact on public recreational opportunities, pedestrian links or access to public space.
Utilities - The site is serviced with water, sewer, electricity and telecommunication services.
Heritage - The proposed development will have a minimal impact in relation to heritage. The site is not heritage listed, is not adjacent to a heritage item and is not located within a Heritage Conservation Area.
Other land resources – The proposed development will not affect the future use or conservation of valuable land resources such as: productive agricultural land; mineral and extractive resources; and water supply catchments.
Water – The proposed development will have minimal impact on the conservation of water resources and the water cycle.
Soils – The proposed development will have minimal adverse impact on soil conservation. The soils are suitable for the development.
Air and microclimate – The proposed development will have minimal impact on air quality and microclimatic conditions and will be conditions to prevent air pollution such as dust where required.
Flora and Fauna - (8 point test from Threatened Species Act to be completed where relevant) The proposed development will have a minimal impact in relation to the maintenance of biodiversity in the area. There are no known listings of critical habitat, threatened or endangered species, populations, ecological communities or their habitats on or in close proximity to the site.
Waste - adequate waste facilities are available for the proposed development.
Energy – The proposed change in the building envelope has no impact on energy.
Noise and Vibration - The proposed development is not likely to cause any adverse ongoing impact from noise or vibration.
Natural Hazards – No natural hazards are known to affect the site.
Technological Hazards - No technological hazards are known to affect the site.
Safety, Security and Crime Prevention - The proposed development complies with the relevant section of the QDCP 2012 on crime prevention through environmental design.
Social Impact in the Locality - The social impacts of the proposal are anticipated to be minimal.
Economic Impact in the Locality - The economic impacts of the proposal are anticipated to be minimal.
Site Design and Internal Design - The site design and internal design of the development has been assessed under the QDCP 2012. The proposed design is considered to be satisfactory
Construction - The construction stage of the proposed development will have the potential to impact on adjoining properties and the environment for a short period of time. Any approval will be conditioned to ensure construction activities do not unreasonably impact on the adjoining properties and their occupants and the environment by way of noise, erosion and the like. These conditions are standard Council conditions of development consent.
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 1 - Assessment Report - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong
(Continued)
Page 87 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
Cumulative Impacts - Cumulative impacts relate to the small impacts of developments in an area that when considered in unison can result in detrimental impact on the natural or built environment. It is considered unlikely that the proposed development will result in adverse cumulative impact.
The Suitability of the Site for the Development
Does the proposal fit in the locality? – The proposal is considered to be compatible with its site and general locality.
Are the site attributes conducive to development? – Site attributes such as configuration, size and slope, are considered to be generally conducive to the proposed development.
Have any submissions been made in accordance with the Act or the Regulations?
Public Submissions – The application was required to be notified. Two submissions were received during the notification period. An objection was received on 12 February 2018 and another was received on 21 February 2018. Both parties object to the change in the building envelope because the applicant’s proposal did not received unanimous consent at the Mount Campbell Association’s 2016 Annual General Meeting. As mentioned previously, building envelop is set out in the CMS and it can only be changed under By-law 5.4, which requires unanimous consent from Council and the Community Association. The agent from the Community Association has called to advise that the matter went to the 2016 AGM and the motion was lost. She was invited to make a formal submission on the DA, but no submission has been received from the Community Association. There were no planning or other reasons raised in the objection on why the proposed building envelope should be refused. The documentation received by Council does not indicate why the motion was lost other than it fail to obtain a unanimous consent. While it is a condition of development consent under the original development consent for the Mount Campbell subdivision that a Community Management Statement must be prepared and identify the building envelopes; it is up to the Community Association, not Council, to enforce its by-laws under the Community Land Development Act 1989 and Community Land Management Act 1989. In addition, under QLEP 2012, Council can suspends any agreement, covenant or other similar instrument to allow for the issuing of a development consent. This simply means Council givens consent on the change in the building envelope and will not take enforcement action; it does not extinguish the Community Association’s right to refuse changes to the CMS (as it requires unanimous consent from Council and the Community Association) or ability to enforce the By-law itself.
Submissions from Public Authorities – No referrals to public authorities were required for the subject application.
The Public Interest
It is considered that the public interest will not be adversely affected by the proposed development. Standard conditions will be imposed to ensure minimal impacts to surrounding properties.
Government and Community Interests
It is considered that government and community interests will not be adversely affected by the proposed development.
Development Contributions
Section 7.11 & 64 Contributions Section 7.11 contributions are not required for the proposed development.
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 1 - Assessment Report - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong
(Continued)
Page 88 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
INTERNAL REFERRALS
Building Surveyor
Council’s Building Surveyor has reviewed the proposal and has no objections to the change to the building envelope. There are a number of unauthorised structures on the site that the applicant has applied to have approved as a “continuing use”. While Council’s Building Surveyor has no objection to the continued use of these structures, any structures that aren’t defined as being exempt development under the State Environmental Planning Policies (Exempt and Complying Development Codes) 2008 will be required to be issued with a Building Information Certificate.
SUMMARY OF ASSESSMENT:
The proposal is for consent to DA 2-2018 on LOT 32 DP 270301 No. 7 Staunton Place, GOOGONG NSW 2620 for the enlargement of building envelope. The proposal has been assessed under Section 4.15 of the Environmental Planning and Assessment Act 1979 including the relevant provisions of Queanbeyan Local Environmental Plan 2012 and the Queanbeyan Development Control Plan 2012. The development satisfies the provisions of these instruments. The proposal was notified to adjoining owners/occupiers. A total of 2 submissions were received. The proposed development is considered suitable for the site, is compatible with the neighbourhood and can be conditioned to mitigate any potential impacts.
PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 13 JUNE 2018
Page 89 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
13 JUNE 2018
ITEM 4.3 DEVELOPMENT APPLICATION - DA 2-2018 - VARIATION TO THE BUILDING ENVELOPE - 7 STAUNTON PLACE, GOOGONG
ATTACHMENT 2 PLANS - DA 2-2018 - VARIATION TO BUILDING ENVELOPE - 7
STAUNTON PLACE, GOOGONG
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 2 - Plans - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong (Continued)
Page 90 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018. Cr Tim Overall – Mayor, Chairperson
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 2 - Plans - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong (Continued)
Page 91 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018. Cr Tim Overall – Mayor, Chairperson
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Page 94 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018. Cr Tim Overall – Mayor, Chairperson
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Page 100 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018. Cr Tim Overall – Mayor, Chairperson
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 2 - Plans - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong (Continued)
Page 101 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018. Cr Tim Overall – Mayor, Chairperson
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 2 - Plans - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong (Continued)
Page 102 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018. Cr Tim Overall – Mayor, Chairperson
PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 13 JUNE 2018
Page 103 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
13 JUNE 2018
ITEM 4.3 DEVELOPMENT APPLICATION - DA 2-2018 - VARIATION TO THE BUILDING ENVELOPE - 7 STAUNTON PLACE, GOOGONG
ATTACHMENT 3 SUBMISSIONS - DA 2-2018 - VARIATION TO BUILDING
ENVELOPE - 7 STAUNTON PLACE, GOOGONG
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 3 - Submissions - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong (Continued)
Page 104 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 3 - Submissions - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong (Continued)
Page 105 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 3 - Submissions - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong (Continued)
Page 106 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 3 - Submissions - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong (Continued)
Page 107 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 3 - Submissions - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong (Continued)
Page 108 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 3 - Submissions - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong (Continued)
Page 109 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 3 - Submissions - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong (Continued)
Page 110 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 13 JUNE 2018
Page 111 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
13 JUNE 2018
ITEM 4.3 DEVELOPMENT APPLICATION - DA 2-2018 - VARIATION TO THE BUILDING ENVELOPE - 7 STAUNTON PLACE, GOOGONG
ATTACHMENT 4 DRAFT CONDITIONS - DA 2-2018 - VARIATION TO BUILDING
ENVELOPE - 7 STAUNTON PLACE, GOOGONG
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 4 - Draft Conditions - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong
(Continued)
Page 112 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
GENERAL CONDITIONS
1. UNAUTHORISED BUILDINGS REQUIRE A BUILDING INFORMATION
CERTIFICATE
This consent only relates to the granting of a variation to the dimensions of the
building envelope. While plans of buildings are shown in the documentation
provided with the consent to clarify the type and location of buildings, nothing
in this consent authorises the continued use of buildings located outside of the
existing building envelope.
Notwithstanding the above a Building Information Certificate under Division
6.7 of the Environmental Planning and Assessment Act 1979 (formally known as
Building Certificate under Section 149D of the Act) may be obtained for the
existing unauthorised structures to ensure Council does not propose to make
any orders or take any such proceedings in relation to those structures under
the Environmental Planning and Assessment Act 1979 or the Local Government
Act 1993.
REASON: To ensure the unauthorised buildings comply with the relevant building
requirements. (59.01)
2. IN ACCORDANCE WITH THE APPROVED PLANS
The development must be carried out generally in accordance with all of the
documents accompanying the development application and with the plans
bearing the Council approval stamp, and any amended plans approved under
subsequent modification(s) to the development consent, except where varied by
notations made in red ink by Council or conditions of approval.
In the event of any inconsistency between conditions of this consent and the
drawings/documents referred to above, the conditions of this consent prevail.
REASON: To ensure the development is completed in accordance with the approved
plans and the development consent. (59.02)
4.3 Development Application - DA 2-2018 - Variation to the Building Envelope - 7 Staunton Place, Googong Attachment 4 - Draft Conditions - DA 2-2018 - Variation to Building Envelope - 7 Staunton Place, Googong
(Continued)
Page 113 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
3. COMMUNITY MANAGEMENT PLAN FOR MOUNT CAMPBELL
Council givens its consent under By-Law 5.4 of the Community Management
Plan for Mount Campbell (CMS) to vary the building envelope in the CMS.
However, consent from the Community Association of Mount Campbell is still
required before the building envelope can be formally varied in the CMS. This
is because the building envelope cannot be varied in the CMS unless it has
received consent from both Council and the Community Association.
This means any future developments, including exempt development, are still
subjected to the original building envelope unless it is varied in accordance with
By-Law 5.4 of the CMS.
REASON: To ensure the the building envelope is varied in accordance with the
CMS. (70.01)
PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 13 JUNE 2018
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Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
13 JUNE 2018
ITEM 4.4 DEVELOPMENT APPLICATION DA 75-2018 - VEHICLE SALES PREMISES - 2 LORN ROAD, CRESTWOOD
ATTACHMENT 1 ASSESSMENT REPORT - DA 75-2018 - VEHICLE SALES
PREMISES - 2 LORN ROAD, CRESTWOOD
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 1 - Assessment Report - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
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Cr Tim Overall – Mayor, Chairperson
ATTACHMENT - SECTION 79C(1) TABLE – Matters For Consideration
This application has been assessed under Section 79C(1) of the Environmental Planning and Assessment Act 1979 and the following matters are of relevance to Development Application No ****
State Environmental Planning Policies
The proposed development has been assessed in accordance with the requirements of the relevant State Environmental Planning Policies (SEPPs) including any draft SEPPs and a summary is provided in the following table:
SEPP COMMENTS COMPLIES
(Yes/No)
State Environmental Planning Policy No 55 - Remediation of Land
Clause 7(1) prescribes that a consent authority must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated. There are no records of the site being previously used for any potentially contaminating purposes.
Yes
State Environmental Planning Policy No 64 - Advertising and Signage
Business Identification and other signage will be assessed at a later date. No signage has been included in this assessment at the Applicants request.
Not applicable
State Environmental Planning Policy (Infrastructure) 2007
The provisions of this Policy have been considered in the assessment of the application. The site is not located in or adjacent to road corridor nor does it have a frontage to a classified road. A rail corridor is within the vicinity of the site, to the north. Given the subject site is within an industrial area, it is not anticipated that any rail activity will impact on the use in terms of noise. The site is sufficiently separated from the rail corridor that vibration is not considered to be an issue. The site is not located within or immediately adjacent to an easement for electricity purposes or immediately adjacent to an electricity substation. There is an easement on site at 4.88m wide to drain sewage & water. The building is clear of the easement. No development is proposed within 5m of an overhead powerline and no ground penetrating work is proposed within 2m of any underground electricity service
Yes
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017
This Policy applies to all non-rural areas of the State, meaning all residential, business, industrial, recreation, environmental (except E1 – National Parks and Nature Reserves), and special purpose zoned land. There are no trees on the site proposed to be removed. The proposed development will be complemented by landscaping as a condition of any consent.
Yes
Local Environmental Plans
The proposed development has been assessed in accordance with the relevant requirements of the Queanbeyan Local Environmental Plan 2012 and no relevant draft LEPs apply to the land. A summary is provided as follows:
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Cr Tim Overall – Mayor, Chairperson
Local Environmental Plans The proposed development has been assessed in accordance with the relevant requirements of the Queanbeyan Local Environmental Plan 2012 and no relevant draft LEPs apply to the land. A summary is provided as follows:
QUEANBEYAN LOCAL ENVIRONMENTAL PLAN 2012 COMMENTS COMPLIES (Yes/No)
Part 1 Preliminary
Clause 1.2 Aims of Plan
The relevant aims of the Plan to the proposed development are as follows: a) to facilitate the orderly and economic use and development of land in Queanbeyan based on ecological sustainability principles; b) to provide for a diversity of housing throughout Queanbeyan; c) to provide for a hierarchy of retail, commercial and industrial land uses that encourage economic and business development catering for the retail, commercial and service needs of the community; d) to recognise and protect Queanbeyan’s natural, cultural and built heritage including environmentally sensitive areas such as Queanbeyan’s native grasslands, the Queanbeyan River and Jerrabomberra Creek; e) to protect the scenic quality, views and vistas from main roads and other vantage points within Queanbeyan of the escarpment and Mount Jerrabomberra; and f) to maintain the unique identity and country character of Queanbeyan. The proposed development is consistent with the relevant aims of the QLEP 2012.
Yes
Clause 1.4 Definitions
The proposed development is defined as a vehicle sales premises.
Yes
Clause 1.9A Suspension of Covenants, Agreements and Instruments
No covenants, agreements and instruments restricting the development have been identified.
Part 2 Permitted or Prohibited Development
Clause 2.1 Land Use Zones
The subject site is zoned IN2 – Light Industrial. The proposal is a use which is permitted with Consent in the zone.
Clause 2.3 Zone Objectives and Land Use Tables
The objectives of the zone are: • To provide a wide range of light industrial, warehouse and related land uses. • To encourage employment opportunities and to support the viability of centres. • To minimise any adverse effect of industry on other land uses. • To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
Yes
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Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN LOCAL ENVIRONMENTAL PLAN 2012 COMMENTS COMPLIES (Yes/No)
• To support and protect industrial land for industrial uses. It is considered that the proposed development generally satisfies the objectives of the zone. The development will encourage employment opportunities in the area and does not prevent opportunities for development of industrial land. Any impacts are anticipated to be able to be managed with conditions. The proposed use is permissible with consent within the zone.
Clause 2.7 Demolition requires development consent
The proposal does not involve demolition of an existing structure.
Part 4 Principal Development Standards
Clause 4.3 Height of buildings
The maximum building height permitted on the subject site is 8.0m. The proposed maximum height is 8.2m for part of the building to the northern elevation. Refer red line showing 8m height above natural ground level and 270mm encroachment.
The Applicant has sought to vary this development standard. The height encroachment is required to cater to the display of vehicles, sufficient space for forklift clearances and access to a storage mezzanine, and to provide upper level office space.
Variation sought
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Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN LOCAL ENVIRONMENTAL PLAN 2012 COMMENTS COMPLIES (Yes/No)
The small encroachment will not dominate the streetscape in terms of design or height in comparison to the neighbouring building. Refer red arrow below to indicate location of encroachment from both Kendall Avenue and Lorn Road frontages.
Clause 4.4 Floor space ratio
The subject site is not identified within the floor space ratio map.
N/a
Part 5 Miscellaneous Provisions
Clause 5.10 Heritage conservation
Under Clause 5.10, Council must consider the effect of the proposed development on the heritage significance of the heritage item. The site is not subject to heritage controls.
N/a
Clause 5.11 Bush fire hazard reduction
The application does not involve any bush fire hazard reduction works.
N/a
Part 7 Additional Local Provisions
Clause 7.1 Earthworks
Earthworks associated with the development are proposed and form part of this application. The proposed earthworks will not have a detrimental impact on drainage patterns and soil stability or the existing and likely amenity of adjoining properties. The development
Yes
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Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN LOCAL ENVIRONMENTAL PLAN 2012 COMMENTS COMPLIES (Yes/No)
application will be condition to mitigate the potential impact of soil erosion and the like during construction.
Clause 7.2 Flood Planning
The site is not identified as “flood planning area” on the Flood Planning Map, and is not at or below the flood planning level.
N/a
Clause 7.3 Terrestrial biodiversity
This clause is not considered relevant to the proposed development as the site is not identified as “Biodiversity” on the Terrestrial Biodiversity Map.
Not Applicable
Clause 7.4 Riparian land and watercourses
This clause is not considered relevant to the proposed development as the site is not identified as “Watercourse” on the Riparian Land and Watercourses Map”.
Not Applicable
Clause 7.5 Scenic protection
This clause is not considered relevant to the proposed development as the site is not identified as “Scenic Protection Area” on the Scenic Protection Map.
Not Applicable
Clause 7.6 Airspace operations
The proposed development will not penetrate the Obstacle Limitations Surface Map for the Canberra Airport. Therefore the application was not required to be referred to the relevant Commonwealth body for comment.
Yes
Clause 7.7 Development in areas subject to aircraft noise
This clause is not considered relevant to the proposed development as the site is not located near the Canberra Airport or within an ANEF contour of 20 or greater.
Not Applicable
Clause 7.8 Active street frontages
This clause is not considered relevant to the proposed development as the site is not identified as “Active street frontage” on the Active Street Frontages Map”.
Not Applicable
Clause 7.9 Essential services
Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required: (a) the supply of water, (b) the supply of electricity, (c) the disposal and management of sewage, (d) stormwater drainage or on-site conservation, (e) suitable vehicular access.
Yes
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Page 120 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN LOCAL ENVIRONMENTAL PLAN 2012 COMMENTS COMPLIES (Yes/No)
Council’s Development Engineer has assessed the proposed development and confirmed that it has suitable vehicle access and adequate services are available, or can be made available.
Clause 7.10 Development near Cooma Road Quarry
This clause is not considered relevant to the proposed development as the site is not identified as “Buffer Area” on the Quarry Buffer Area Map”.
Not Applicable
Clause 7.11 Development near HMAS Harman
This clause is not considered relevant to the proposed development as the site is not located within 2 kilometres of HMAS Harman or within Zone IN1 General Industrial or Zone IN2 Light Industrial.
Not Applicable
Development Control Plan
The Queanbeyan Development Control Plan (DCP) 2012 applies to the development and a summary of the relevant provisions is provided in the following table.
QUEANBEYAN DCP 2012 COMMENTS
Section Controls Compliance / Conditions
PART 1 – ABOUT THIS DEVELOPMENT CONTROL PLAN
1.8 Public Notification Of A Development Application
The development application was notified to adjoining owners and no submissions were received.
Yes
PART 2 – ALL ZONES
2.2 Car Parking
A total of 16 car parking spaces have been provided in accordance with the requirements of section 2.2.
The DCP sets a rate for car parking for 0.75 spaces per 100m2 site area.
The site is 2388m2 in area. Therefore 18 spaces are sought by the DCP (2388 / 100 x0.75 = 17.9)
The initial design offered by the Applicant included 18 spaces however 2 were central to the car parking and manoeuvring area and were unlikely to be utilised correctly. A variation to the DCP is supported to provide for 16 spaces
Yes with variation
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Cr Tim Overall – Mayor, Chairperson
located to the boundary of the site. Sixteen spaces is considered adequate for accommodating staff and visitors to the site.
Further, the application has been referred to Councils Development Engineer who has found the parking arrangements including access and manoeuvring areas are satisfactory for the proposed development.
2.3 Environmental Management
The proposed development does not include a residential component.
Not applicable
2.4 Contaminated Land Management
Refer to SEPP 55 assessment.
Yes
2.5 Flood Management
The subject site is not is not identified as “flood planning area” on the Flood Planning Map, and is not at or below the flood planning level.
Not applicable
2.6 Landscaping
A landscaping plan was required to be submitted with the application and has been assessed to be adequate.
Yes
2.7 Erosion and Sediment Control
Standard conditions relating to site management will be imposed should development consent be granted.
Yes
2.8 Guidelines for Bushfire Prone Areas
The site is not identified as bushfire prone land.
Not applicable
2.9 Safe Design
Landscaping
The proposed landscaping is generally low scale and not likely to obstruct casual surveillance of the site.
Communal/public Areas
On-site parking for visitors to the site is appropriately located in highly visible areas.
Entrances
Entry to the building is clearly defined and visible from the street and internal parking areas.
Lighting
A lighting plan has not been included with the application. Conditions regarding lighting have been included in the proposed consent conditions.
Yes
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Cr Tim Overall – Mayor, Chairperson
Business Identification
Any business identification signs on the plans are indicative only and not included in this application.
Security and fencing
The application proposes to retain existing black chain link electric fencing to the Kendall Avenue, Lorn Road and Gregg Place frontages except where required to be modified for access purposes or retaining walls. The security fencing is visually permeable and considered to be acceptable in this instance.
Maintenance
It is the owner/operators responsibility to maintain the site. Given that the site is commercial in nature, it is likely that any damage will be rectified swiftly.
Building and related materials
The proposed building materials are considered to be acceptable in this instance.
The proposed development generally satisfies the relevant provisions of this clause.
2.12 Preservation of Trees and Vegetation
The proposed development does not require the removal of any existing vegetation.
Not applicable
QUEANBEYAN DCP 2012 COMMENTS COMPLIES
(Yes/No)
PART 8 – INDUSTRIAL DEVELOPMENT
8.1.2 Overall objectives for Development in Industrial Zones
Provide development guidelines for the Industrial development
Protect the amenity of existing residences within and close to industrial development.
To prevent incompatible land uses being located in proximity to one another
Encourage best practice in environmental management.
Ensure development has a visually appealing appearance to the street.
Complies
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Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN DCP 2012 COMMENTS COMPLIES
(Yes/No)
The proposed development is considered to be consistent with the above objectives. The proposed development is considered to be compatible with surrounding land uses and will presents well to its three street frontages.
8.2.1 Setbacks
Provide adequate space for landscaping and parking
Provide flexibility in building design
Provide buffers to adjoining land uses and preserve residential amenity.
(a) Setbacks to comply with Table 1
Setback type Building Line Setback
Minimum landscaped width
Additional requirement
Kendall Avenue frontage
10m 5m Car parking behind landscaping
Lorn Road frontage
6m 6m Landscaped with no parking
Side and rear boundaries
From zero
N/A
The Applicant as sought a variation to the DCP provisions relating to setbacks. The main building is proposed to be setback 10m from Kendall Avenue which complies however structural support posts for an awning are proposed at 3m. These elements are visually very light and will not dominate the streetscape nor impact on views through the site or into Lorn Road.
The landscaping to Kendall Avenue complies.
The setback to Lorn Road complies at 7.4m. However, the landscape strip to Lorn Road is proposed at 2.5m as opposed to 6m as sought.
The landscape plan has been prepared by Russell Hobbs Landscapes. They note that the existing ground cover planting is well established around the perimeter of the site. Also, their design proposes additional landscaping including 2 large deciduous trees with shrub planting and additional ground cover. The existing and proposed planting is considered acceptable in this location to screen and complement the use. The variation is able to be supported.
Complies with variation
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Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN DCP 2012 COMMENTS COMPLIES
(Yes/No)
The side and rear setbacks comply.
8.2.2 Car Parking and vehicular access
Car Parking provided in accordance with Part 2 of the Queanbeyan Development Control Plan 2012.
Refer to Part 2 assessment.
Complies
8.2.3 Building Design
Promote buildings that enhance the quality of the streetscape
Encourage innovative, contemporary and sustainable designs
Encourage compatibility with streetscape
Mitigate noise impacts.
Protect/enhance visual amenity of entry points in the city
The proposed development is considered to be consistent with the above objectives. The proposed built form will present positively to all street frontages. The design incorporates a mix of materials and colours and is well articulated. It is considered that the proposed built form is compatible with the character of the existing streetscape.
(a) The façade of buildings facing the street should be of a high design quality. Monotonous facades consisting of one plane and colour are to be avoided.
The facades of the proposed buildings are considered to be of a high design quality. The façade to Kendall Avenue is well articulated and incorporates a mixture of materials including concrete panels (raw finish), aluminum composite cladding (Poppy Red or similar), Metal roof sheeting (Colorbond Windspray or similar), metal window frames and windows to create an attractive streetscape appearance.
The Lorn Road and Gregg Place frontages will include the same material and colours with the addition of personal access doors and a roller door.
(b) Office accommodation for industrial development should be located at the front of buildings to ensure that blank facades are broken up (i.e. office style windows and access). The office area should be positioned as an attached structure to the main building to give identity and point of entry to the overall development form.
Office space is accommodated to the upper floor of the building. The arrangement is considered to be acceptable in this instance.
Complies
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QUEANBEYAN DCP 2012 COMMENTS COMPLIES
(Yes/No)
Colours and materials shall be compatible with the natural scenic qualities of the locality. Visually prominent buildings with incompatible colours will not be supported.
The proposed colours and materials are considered to be consistent with the established character of the locality and the branding for the proposed use. These will complement the existing streetscape.
(c) New materials for construction are to be used. New industrial buildings should be constructed from low maintenance materials and incorporate energy efficient design principles.
The proposed materials are considered to be consistent with the above control.
(d) The extensive use of reflective glazed windows is not permitted.
The proposed building incorporates a windows however these do not have a reflective coating or finish.
(e) Scale and proportion of a development can be influenced (reduced) by appropriate planting. In general large, bulky buildings will be visually reduced to the human scale by using larger plants (trees). Similarly, large expanses of hardstand areas e.g. car parks, can be broken down by the use of shade trees.
An appropriate landscaping plan has been submitted with the development application. The bulk and scale of the building is considered to be appropriate within the context of the subject site and immediate locality.
8.2.4 Site Works
Restrict and control excessive earthworks in order to preserve as much as is practicable the existing topography and amenity of the locality.
Prevent siltation of materials and erosion of land.
Ensure building design is appropriate for site conditions (stability and privacy).
The proposed development is considered to be consistent with the above objectives. The building responds to site conditions including with retaining walls. The Applicant has provided structural design information given part of the retaining wall to the corner of Kendall Avenue and Lorn Road will be above 1.0m (proposed 1.4m). These will be considered further at Construction Certificate stage.
(a) Site works, including clearing of existing vegetation, cut and fill, retaining walls, batters and the like require the written consent of Council except for exempt development (SEPP (Exempt and Complying Development Code) 2008).
Complies
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 1 - Assessment Report - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 126 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN DCP 2012 COMMENTS COMPLIES
(Yes/No)
The proposed development includes site works including retaining walls which are considered to satisfy the requirements of this control and will be subject to further assessment.
(b) The maximum permissible cut and fill to accommodate any building or associated structure is limited to 2 metres, except in those circumstances referred to below. All exposed cut and fill is to be suitably retained to structural engineers detail or battered.
No specific details on earthworks have been provided. These will be further assessed as part of the Construction Certificate especially given the existing and proposed retaining walls.
8.2.5 Materials Storage
Avoid visually intrusive development
Minimise impact of storage materials when viewed from the street.
The proposed development is considered to be consistent with the above objectives. The development does not propose any external material storage areas.
Complies
8.2.6 Fencing
Improve safety and security of the site.
Improve visual amenity.
Enhance the streetscape.
(a) All fencing is to begin behind the landscaped area along the street frontage. Fencing will not generally be permitted along the front boundary of allotments.
A 1.8m high black chain link open style electric fence is proposed to all street frontages. The fence is existing and will be maintained or installed where modifications to the site require its removal.
The fencing is not proposed behind the landscaping area so a variation is sought to this provisions.
The fencing is located or proposed on the property boundary. This is considered to be acceptable in this instance and consistent with the approach taken on similar sites. The variation is considered acceptable in this instance.
(b) The preferred type of fencing is a galvanised or PVC coated wire mesh, not less than 1.8m above ground level and anchored into concrete footing.
Complies with variation
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 1 - Assessment Report - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 127 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN DCP 2012 COMMENTS COMPLIES
(Yes/No)
A 1.8m high black chain link open style electric fence is proposed to all street frontages. The proposed fencing is visually permeable and considered to be acceptable in this instance.
8.2.7 Pollution Control
Ensure that the use of land does not create offensive noise.
To ensure adequate protection against environmental degradation due to pollution discharge.
Minimise interference to existing and future amenity.
Ensure satisfactory measures are incorporated to alleviate negative environmental impacts associated with industrial land uses.
The application does not include any vehicle servicing or repairs. No specific pollution control measures are proposed.
Complies
8.3.2 Vehicle Sales Premises
To ensure vehicle sales and hire premises are designed and maintained to contribute positively to the streetscape and amenity.
a) Fencing in front of the building line will be supported if;
i) In a steel post design
ii) No higher than 1.8m
iii) Painted in a dark tone
The proposed fencing is consistent with the above control.
b) A 2m, low level landscaping strip is to be in front of any fencing to soften its presence.
The proposed landscaping area to Kendall Avenue will be 5m wide, incorporating an existing landscape strip and an additional one to complement the design. Landscaping to Lorn Road and Gregg Place will be approximately 2.5m deep.
The landscape area will be behind the existing fencing so a variation to the DCP for this control is sought. This is considered acceptable given the fence is transparent and the landscaping will be easily viewed.
c) The area used for parking and display of cars is to be suitably paved.
The proposed parking area is considered to be suitable paved. Storm water from the parking area is able to be suitably disposed of.
Complies with variation
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 1 - Assessment Report - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 128 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
Additional Planning Considerations
The following additional planning matters apply to the development:
MATTERS FOR CONSIDERATION COMPLIES
(Yes/No)
Environmental Planning and Assessment Act Regulation 2000
The provisions of any matters prescribed by the Regulations, which apply to the land to which the development application relates, must be considered.
Clause 92 - Australian Standard AS 2601-1991 (Demolition of Structures). Clause 93 - Fire Safety Considerations (change of use of an existing building). Clause 94 - Fire Safety Considerations (rebuilding/altering/enlarging/extending existing building). Clause 94A Fire Safety Considerations (temporary structures).
Yes
The Likely Impacts of the Development
Context and Setting - The development will have a minimal impact on the scenic qualities and features of the local area including views and vistas and is compatible with the established character of the locality. There will be minimal impact on adjacent properties in relation to overshadowing and privacy.
Yes
Access, Transport and Traffic - The proposed development’s impact in relation to access, transport and traffic is considered to be acceptable. The matters relating to parking and access have been previously addressed under Part 2 of the QDCP 2012.
Yes
Public Domain - The proposed development will not adversely impact on public recreational opportunities, pedestrian links or access to public space.
Yes
Utilities - The site is serviced with water, sewer, electricity and telecommunication services.
Yes
Heritage - The proposed development will have a minimal impact in relation to heritage. The site is not heritage listed, is not adjacent to a heritage item and is not located within a Heritage Conservation Area.
Yes
Other land resources – The proposed development will not affect the future use or conservation of valuable land resources such as: productive agricultural land; mineral and extractive resources; and water supply catchments.
Yes
Water – The proposed development will have minimal impact on the conservation of water resources and the water cycle.
Yes
Soils – The proposed development will have minimal adverse impact on soil conservation. The soils are considered suitable for the development.
Yes
Air and microclimate – The proposed development will have minimal impact on air quality and microclimatic conditions and will be conditions to prevent air pollution such as dust where required.
Yes
Flora and Fauna - (8 point test from Threatened Species Act to be completed where relevant)
Yes
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 1 - Assessment Report - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 129 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
MATTERS FOR CONSIDERATION COMPLIES
(Yes/No)
The proposed development will have a minimal impact in relation to the maintenance of biodiversity in the area. There are no known listings of critical habitat, threatened or endangered species, populations, ecological communities or their habitats on or in close proximity to the site.
Waste - adequate waste facilities are available for the proposed development.
Yes
Energy – a BASIX report was not required to be submitted with the proposal.
N/a
Noise and Vibration - The proposed development is not likely to cause any adverse ongoing impact from noise or vibration.
Yes
Natural Hazards – No natural hazards are known to affect the site.
Yes
Technological Hazards - No technological hazards are known to affect the site.
Yes
Safety, Security and Crime Prevention - The proposed development complies with the relevant section of the QDCP 2012 on crime prevention through environmental design.
Yes
Social Impact in the Locality - The social impacts of the proposal are anticipated to be minimal.
Yes
Economic Impact in the Locality - The economic impacts of the proposal are anticipated to be minimal.
Yes
Site Design and Internal Design - The site design and internal design of the development has been assessed under the QDCP 2012. The proposed design is considered to be satisfactory
Yes
Construction - The construction stage of the proposed development will have the potential to impact on adjoining properties and the environment for a short period of time. Any approval will be conditioned to ensure construction activities do not unreasonably impact on the adjoining properties and their occupants and the environment by way of noise, erosion and the like. These conditions are standard Council conditions of development consent.
Yes
Cumulative Impacts - Cumulative impacts relate to the small impacts of developments in an area that when considered in unison can result in detrimental impact on the natural or built environment. It is considered unlikely that the proposed development will result in adverse cumulative impact.
Yes
The Suitability of the Site for the Development
Does the proposal fit in the locality? – Yes, the use is industrial and the land is zoned for such uses.
Yes
Are the site attributes conducive to development? – Yes the site is able to accommodate the use with some minor variations.
Yes
Have any submissions been made in accordance with the Act or the Regulations?
Public Submissions – Nil
Submissions from Public Authorities – Nil
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 1 - Assessment Report - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 130 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
MATTERS FOR CONSIDERATION COMPLIES
(Yes/No)
The Public Interest
The public interest is not considered to be compromised by this proposal.
Yes
Government and Community Interests
Government and Community interests are not considered to be compromised by this proposal.
Yes
Section 7.11 Development Contributions
Section 7.11 Developer Contributions Refer to Engineers comments.
Yes
PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 13 JUNE 2018
Page 131 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
13 JUNE 2018
ITEM 4.4 DEVELOPMENT APPLICATION DA 75-2018 - VEHICLE SALES PREMISES - 2 LORN ROAD, CRESTWOOD
ATTACHMENT 2 PLANS - DA 75-2018 - VEHICLE SALES PREMISES - 2 LORN
ROAD, CRESTWOOD
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 2 - Plans - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 132 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018. Cr Tim Overall – Mayor, Chairperson
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 2 - Plans - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 133 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018. Cr Tim Overall – Mayor, Chairperson
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 2 - Plans - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 134 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018. Cr Tim Overall – Mayor, Chairperson
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 2 - Plans - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 135 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018. Cr Tim Overall – Mayor, Chairperson
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 2 - Plans - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 136 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018. Cr Tim Overall – Mayor, Chairperson
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 2 - Plans - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 137 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018. Cr Tim Overall – Mayor, Chairperson
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 2 - Plans - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 138 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018. Cr Tim Overall – Mayor, Chairperson
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 2 - Plans - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 139 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018. Cr Tim Overall – Mayor, Chairperson
PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 13 JUNE 2018
Page 140 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
13 JUNE 2018
ITEM 4.4 DEVELOPMENT APPLICATION DA 75-2018 - VEHICLE SALES PREMISES - 2 LORN ROAD, CRESTWOOD
ATTACHMENT 3 DRAFT CONDITIONS - DA 75-2018 - VEHICLE SALES
PREMISES - 2 LORN ROAD, CRESTWOOD
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 3 - Draft Conditions - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 141 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
DEMOLITION CONTROL
1. SUBMIT TRAFFIC MANAGEMENT PLAN
Prior to demolition works commencing a Traffic Management Plan for the
works must be submitted to, and approved by, Council under the provisions of
Section 138 of the Roads Act 1993.
REASON: To ensure that adequate arrangements are made for traffic and
pedestrian safety during the works. (55.04)
PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE
(BUILDING)
2. SUBMIT A CONSTRUCTION MANAGEMENT PLAN
Prior to release of any Construction Certificate (Building) a Construction
Management Plan for the management of soil, water, waste, noise, vibration,
dust, hazards and risk for the construction works must be submitted to, and
endorsed by, Council. The plan must:
(a) describe the proposed construction works and construction program
and,
(b) set standards and performance criteria to be met by the construction
works and,
(c) describe the procedures to be implemented to ensure that the works
comply with the standards and performance criteria and,
(d) identify procedures to receive, register, report and respond to
complaints and,
(e) nominate and provide contact details for the persons responsible for
implementing and monitoring compliance with the plan.
REASON: To ensure that satisfactory measures are in place to provide for
environmental management of the construction works. (56.16)
3. PROTECTION OF COUNCIL SEWER/STORMWATER EASEMENTS
Prior to the issuing of a Construction Certificate (Building) structural plans
must be provided to Council for concurrence as the sewer and water authority.
The plans are to demonstrate that the footings of the retaining walls and on-
site detention tanks will not be located within the zone of influence of Council’s
sewer and stormwater easements.
REASON: To allow for safe access and maintenance of services within the
easements by Council personnel. (56.17)
PRIOR TO COMMENCEMENT
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Page 142 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
4. CONSTRUCTION CERTIFICATE (BUILDING) TO BE ISSUED
The erection of a building in accordance with the development consent must
not be commenced until a Construction Certificate has been issued by Council
or an Accredited Certifier.
REASON: To satisfy the requirements of Section 81A of the Environmental
Planning and Assessment Act 1979. (57.03)
5. SUBMIT NOTICE OF COMMENCEMENT OF BUILDING WORK
A Principal Certifying Authority for the building work must be appointed and
the Principal Certifying Authority must, no later than two days before the
building works commences, notify Council of his or her appointment.
REASON: To satisfy the requirements of Section 81A of the Environmental
Planning and Assessment Act 1979. (57.04)
6. ERECT A SIGN FOR ANY DEVELOPMENT WORKS
A sign must be erected and maintained in a prominent position on any site on
which building, subdivision or demolition work is being carried out;
(a) Showing the name, address and telephone number of the Principal
Certifying Authority for the work.
(b) Showing the name of the principal contractor (if any) for the
building work and a telephone number on which that person may be
contacted outside working hours.
(c) Stating that unauthorised entry to the work site is prohibited.
REASON: To satisfy the provisions of Clause 136B and 227A of the
Environmental Planning and Assessment Regulation 2000. (57.08)
7. PROVIDE WORKERS TOILET FACILITIES
Adequate toilet facilities for workers must be provided at or in the vicinity of
the work site.
REASON: To provide suitable and hygienic toilet facilities for use by people
visiting or working on the site. (57.09)
8. SUBMIT A TRAFFIC MANAGEMENT PLAN
Prior to work commencing a Traffic Management Plan for the construction
works must be submitted to, and approved by, Council under the provisions of
Section 138 of the Roads Act 1993.
REASON: To ensure that adequate arrangements are made for traffic and
pedestrian safety during the construction works. (57.13)
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 3 - Draft Conditions - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 143 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
SITE MANAGEMENT DURING DEMOLITION AND
CONSTRUCTION
9. CIVIL ENGINEERING PLANS
The engineering plans must comply with the requirements of Council's
Queanbeyan Design and Construction Specifications (Version 3.2, dated
January 2013).
REASON: To ensure that public services are not damaged or otherwise impacted
on by the development. (58.01)
10. PROVIDE WASTE STORAGE RECEPTACLE
A waste receptacle must be placed on the site for the storage of waste
materials.
REASON: To prevent pollution of surrounding areas. (58.02)
11. INSTALL EROSION AND SEDIMENT CONTROLS
Erosion and sediment controls must be installed on the site and maintained
during the construction period.
REASON: To prevent soil erosion, water pollution and the discharge of loose
sediment on surrounding land. (58.03)
12. HOURS OF OPERATION FOR WORKS
All works associated with the demolition and/or construction of this
development must be carried out between the following hours:
Weekdays: 7.00am to 6.00pm
Saturdays: 8.00am to 4.00pm
Sundays and Public Holidays: NIL
REASON: To reduce the chance of offensive noise being created and to minimise
the impacts of the development in its locality. (58.04)
13. WORK ON ADJOINING LAND IS LIMITED
The verge and other adjoining lands must not be used for storage of materials
or disturbed by construction activities except for:
(a) Installation of a temporary, stabilised construction access across the
verge.
(b) Installation of services.
(c) Construction of an approved permanent verge crossing.
REASON: To minimise interference with the verge and its accessibility by
pedestrians. (58.05)
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 3 - Draft Conditions - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 144 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
14. REPAIR DAMAGED PUBLIC PROPERTY
All damage caused to public property during the establishment of the
development must be repaired or reinstated prior to the issue of any
Occupation Certificate.
REASON: To ensure that all public property in the vicinity of the development is
maintained in its pre-development condition. (58.06)
15. TEMPORARY VEHICLE ACCESS
Temporary vehicle access to the site must be stabilised to prevent the tracking
of sediment onto the roads and footpath. Soil, earth, mud or similar materials
must be removed from the roadway by sweeping, shovelling, or a means other
than washing, on a daily basis or as required. Soil washings from wheels must
be collected and disposed of in a manner that does not pollute waters.
REASON: To minimise transfer of soil from the site onto the road pavement.
(58.08)
GENERAL CONDITIONS
16. IN ACCORDANCE WITH THE APPROVED PLANS
The development must be carried out generally in accordance with all of the
documents accompanying the development application and with the plans
bearing the Council approval stamp, and any amended plans approved under
subsequent modification(s) to the development consent, except where varied
by notations made in red ink by Council or conditions of approval.
In the event of any inconsistency between conditions of this consent and the
drawings/documents referred to above, the conditions of this consent prevail.
REASON: To ensure the development is completed in accordance with the
approved plans and the development consent. (59.02)
BUILDING
17. COMPLY WITH THE BUILDING CODE OF AUSTRALIA
All building work must be carried out in accordance with the requirements of
the Building Code of Australia.
REASON: This is a prescribed condition under the provisions of clause 98 of the
Environmental Planning and Assessment Regulation 2000. (60.02)
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Page 145 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
18. PROTECT NEIGHBOURS FROM DAMAGE DUE TO EXCAVATION
When any excavation involved in this development extends below the level of
the base of the footings of a building on adjoining land, the person having the
benefit of this development consent must, at the person’s own expense;
(a) Protect and support the adjoining premises from possible damage
from the excavation.
(b) Where necessary, underpin the adjoining premises to prevent such
damage.
REASON: This is a prescribed condition under the provisions of clause 98E of the
Environmental Planning and Assessment Regulation 2000. (60.04)
19. ALL WORKS TO BE CONFINED TO THE SITE
All demolition, excavation, backfilling, construction and other activities
associated with the development must:-
(a) Be carried out entirely within the allotment boundaries unless
otherwise approved by Council.
(b) Comply with the requirements of AS 2601-2001 – The demolition of
structures.
(c) If within one metre of the verge, the site must be protected by a
hoarding which must be erected prior to the commencement of the
demolition works.
(d) Be kept clear of stormwater, sewer manholes and service easements
on the site.
REASON: To ensure that all development activity associated with the
development does not pose a hazard to life or property and that the effectiveness of
public services is not impaired. (60.05)
20. PROTECTION OF SEWER AND STORMWATER MAINS
Council’s sewer/stormwater main affected by the development must be
protected by extending footings of the retaining wall and storm water on-site
detention tank 300mm below the invert of the main and implementing pier
and beam construction that has been designed and certified by a practising
structural engineer.
REASON: To ensure that public services are not damaged or otherwise impacted
on by the development. (60.06)
21. SUBMIT SURVEY PLAN SHOWING BOUNDARY SETBACKS
The building must be set out by a Registered Surveyor in accordance with the
datum shown on the approved plans. A survey plan that identifies the location
of the building in relation to the allotment boundaries must be prepared upon
completion of the base course brickwork and then be submitted to the
Principal Certifying Authority.
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 3 - Draft Conditions - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 146 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
REASON: To ensure building has been sited in accordance with the approved
plans. (60.08)
22. RETAINING WALL/S
All excavations, backfilling and other activities associated with the erection or
demolition of a building must be executed safely and in accordance with
appropriate professional standards. Excavations or fill extending to within 1
metre of boundary must be supported by retaining wall/s.
Retaining wall/s that exceed 1 metre in height are required to be certified by a
structural engineer.
REASON: To ensure that excavated areas are adequately retained. (60.17)
Note: If a retaining wall will exceed 1.5 metres in height or will be located within
an easement a separate development consent must be obtained prior to
construction.
FIRE SAFETY MEASURES
23. SUBMIT FINAL FIRE SAFETY CERTIFICATE
At the completion of works, a Final Fire Safety Certificate detailing each
essential fire safety measure provided in the building must be issued by the
owner and must be submitted to Council. Copies the certificate must also be
given to the Fire Commissioner and be prominently displayed in the building.
REASON: To ensure compliance with the Environmental Planning and
Assessment Regulation 2000. (61.02)
24. SUBMIT ANNUAL FIRE SAFETY STATEMENT
Each year, the owner of the building must submit to Council an Annual Fire
Safety Statement for the building. The Annual Fire Safety Statement must
address each Essential Fire Safety Measure in the building.
REASON: To ensure compliance with the Environmental Planning and
Assessment Regulation 2000. (61.03)
CARPARKING AND ACCESS
25. DRIVEWAY CONSTRUCTED OVER THE VERGE
The development must include the construction of two (2) industrial type
driveways over the verge at the locations shown on the approved plans.
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 3 - Draft Conditions - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 147 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
The driveways over the verge and the vehicle kerb crossings must be
constructed by a Council approved contractor at no cost to the Council.
A driveway application form must be submitted to and approved by Council
prior to the commencement of driveway works.
REASON: To ensure satisfactory construction of a driveway over the verge.
(66.02)
26. EXISTING KERB CROSSING TO BE CLOSED
The existing vehicular kerb crossing must be closed off and a new crossing
constructed in the location shown on the approved plans with the work
undertaken by a Council approved contractor at no cost to the Council.
REASON: To provide vehicular access and maintain vehicle parking at the road
kerb. (66.03)
27. CAR PARKING TO COMPLY WITH AS2890
All car parks must comply with AS2890 – 2004 Parking Facilities, including
appropriate line marking of all spaces.
REASON: To provide adequate off-street car parking. (66.04)
28. DRIVEWAY APPLICATION FORM
A driveway application form must be submitted to and approved by Council
prior to commencement of driveway works and construction of the driveway
across Council’s footway area must be undertaken by a Council approved
contractor, at no cost to the Council.
REASON: To ensure the construction of the driveway on public land meets
Council’s requirements. (66.10)
ENVIRONMENTAL
29. WASTE STORAGE AREA
The waste storage area must be provided with:
(a) An access door for residents which is clearly marked as “Waste
Storage Area” and “Residents Only”, and
(b) An access door for Council’s waste contractor that is a minimum of
2m wide;
(c) A 2m wide concrete path from the contractor’s access door to the kerb
or driveway that does not exceed a grade of 1:14 and with no steps. If
the path terminates at a kerb then a pram ramp must be installed, and
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 3 - Draft Conditions - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 148 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
(d) Ventilation that is not extracted close to residential premises, and
(e) A concrete floor graded and drained to a sump connected to the sewer
with a stop cock for wash down.
REASON: To ensure the efficient use and management of the waste storage area.
(76.03)
PRIOR TO ISSUE OF OCCUPATION CERTIFICATE
30. WATER & SEWER COMPLIANCE CERTIFICATE - CONSTRUCTION
Prior to the issue of any Occupation Certificate a certificate of compliance in
accordance with the Water Management Act 2000 must be obtained from
Council.
REASON: To ensure the constructed infrastructure and services have been
completed to Council’s specifications. (78.03)
31. DISPOSE OF WASTE MATERIALS AT AN APPROVED SITE
Prior to the issue of any Occupation Certificate written evidence that all waste
materials removed from the site have been disposed of at an approved site
must be submitted to the Principal Certifying Authority.
REASON: To ensure that all waste materials are disposed of in a proper manner.
(78.08)
ON-GOING MANAGEMENT OF THE DEVELOPMENT
32. KEEP CAR PARKING AREAS FREE FOR PARKING
The operator of the development must ensure that all vehicles associated with
the development are parked within the site in the approved car parking area
as line marked.
REASON: To ensure that the car parking provided on site is used for the
development. (79.03)
33. VEHICLE AND GOODS STORAGE CONFINED TO THE SITE
All loading and unloading activities in connection with the development must
be carried out wholly within the site and all goods and vehicles associated with
the development must be accommodated wholly within the site.
REASON: To ensure free flow of vehicular and pedestrian traffic on the road and
the verge. (79.04)
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 3 - Draft Conditions - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 149 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
34. MAINTAIN CAR PARKING AREAS AND DRIVEWAY SEALS
All sealed car parking areas, loading bays, manoeuvring areas and driveways
must be maintained in a trafficable condition.
REASON: To ensure car park areas are useable. (79.02)
35. KEEP CAR PARKING AREAS FREE FOR PARKING
The operator of the development must ensure that all vehicles associated with
the development are parked within the site in the approved car parking area
as line marked.
REASON: To ensure that the car parking provided on site is used for the
development. (79.03)
36. VEHICLE AND GOODS STORAGE CONFINED TO THE SITE
All loading and unloading activities in connection with the development must
be carried out wholly within the site or wholly within the owner’s alternate site
at 16 Kendall Avenue. All goods and vehicles associated with the development
must be accommodated wholly within the site.
REASON: To ensure free flow of vehicular and pedestrian traffic on the road and
the verge. (79.04)
37. CAR PARKING SPACES TO BE KEPT FREE AT ALL TIMES
All car parking spaces, loading and unloading areas, vehicle manoeuvring and
driveway areas must not be used for the storage of any goods or materials and
must be available for their intended use at all times.
REASON: To ensure such areas are available for occupants and visitors of the site.
(79.05)
PLUMBING AND DRAINAGE
38. SEWER AND WATER INFRASTRUCTURE WORKS BY COUNCIL
The development includes works to relocate Council water infrastructure as
well as connection and disconnection works to Council’s water main and sewer
main infrastructure. These works are to be undertaken by Council at no cost
to Council.
REASON: To ensure works on public infrastructure are conducted to the
requirements of Council’s Water & Sewer Department as the water and sewer
authority. (80.01)
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 3 - Draft Conditions - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 150 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
39. PLUMBING AND DRAINAGE INSTALLATION REGULATIONS
Plumbing and drainage work must be carried out in accordance with the
requirements of the Local Government (General) Regulation 2005, the
Plumbing and Drainage Act 2011 and Regulations under that Act and with the
Plumbing Code of Australia. Such work must be carried out by a person
licensed by the NSW Department of Fair Trading.
REASON: This is a mandatory condition under the provisions of the Local
Government (General) Regulation 2005. (80.02)
40. INSPECTION OF PLUMBING AND DRAINAGE
Plumbing and Drainage must be inspected by Council at the relevant stages of
construction in accordance with Council’s inspection schedule.
REASON: To ensure compliance with the inspection requirements of Plumbing
and Drainage Regulation 2012 and Council’s inspection schedule. (80.03)
41. FLOOR LEVEL TO BE 150mm ABOVE YARD GULLY
The floor level of areas with fixtures connected to sewer must be at least
150mm above overflow level of the yard gully and surface water must be
prevented from entering the yard gully.
REASON: To ensure any sewage surcharges occur outside the building and to
prevent surface water from entering the sewerage system. (80.05)
42. HEATED WATER NOT TO EXCEED 50 DEGREES C
All new heated water installations, must deliver hot water at the outlet of all
sanitary fixtures used primarily for personal hygiene purposes at a
temperature not exceeding 50o Celsius.
All heated water installation for any accessible facility must deliver hot water
at a temperature not exceeding 45o Celsius.
REASON: To prevent accidental scalding. (80.07)
43. STORMWATER DISPOSAL REQUIREMENTS
All stormwater from the site must be trapped and piped to a stormwater pit
via an on-site detention system to limit the discharge from the site to the pre-
development rate for a 1 in 5 year recurrence interval storm event.
REASON: To provide satisfactory stormwater disposal. (80.08)
44. INSULATE HEATED AND COLD WATER SERVICE PIPES
Heated and cold water service pipes installed in the following areas of the
building must be insulated in accordance with the requirements of AS 3500:
Plumbing and Drainage:
4.4 Development Application DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood Attachment 3 - Draft Conditions - DA 75-2018 - Vehicle Sales Premises - 2 Lorn Road, Crestwood (Continued)
Page 151 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
(a) unheated roof spaces
(b) locations near windows, ventilators and external doors where cold
draughts are likely to occur
(c) locations in contact with cold surfaces such as metal roof and
external metal cladding materials.
REASON: To prevent the water service being damaged by water freezing within
the pipes due to local climatic conditions. (80.12)
45. PROVIDE WATER SERVICE AND WATER METER
A new main water meter and water service shall be installed by Council at no
cost to the Council. The size of the meter and service shall be 50mm as per the
approved plans.
The main meter shall be installed in an easily accessible position at the front of
the site, or other accessible position approved by Council.
The existing 40mm meter is to be removed and retained by Council at no cost to
Council.
REASON: To ensure that the development is appropriately water metered. (80.14)
PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 13 JUNE 2018
Page 152 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
13 JUNE 2018
ITEM 4.5 DEVELOPMENT APPLICATION DA.2018.072 - ADVERTISING SIGN - 134 BURROWS LANE, BUNGENDORE
ATTACHMENT 1 ASSESSMENT REPORT - DA.2018.072 - ADVERTISING
SIGNAGE - 134 BURROWS LANE, BUNGENDORE
4.5 Development Application DA.2018.072 - Advertising Sign - 134 Burrows Lane, Bungendore Attachment 1 - Assessment Report - DA.2018.072 - Advertising Signage - 134 Burrows Lane, Bungendore (Continued)
Page 153 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
SECTION 4.15 CONSIDERATIONS – EP&A Act, 1979 In determining a development application, the consent authority is to take into consideration the following matters of consideration contained within section 4.15 of the Environmental Planning and Assessment Act, 1979 as relevant to the development application: 4.15(1)(a) the provisions of: (i) any environmental planning instrument STATE ENVIRONMENTAL PLANNING POLICY NO. 64 - ADVERTISING AND SIGNAGE
Clause 7 of the SEPP 64 – Advertising and Signage specifies that the SEPP cannot override a prohibition on the display of signage. The Palerang Local Environmental Plan 2014 prohibits advertising signage within the RU1 zone, as such the proposed development cannot be approved under SEPP 64 Advertising and Signage. PALERANG LOCAL ENVIRONMENTAL PLAN (PLEP) 2014
An assessment of the proposal against the general aims of PLEP 2014 is included below: Cl. 1.2(2) Aims Complies
(a) to protect and improve the economic, environmental, social and cultural resources and prospects of the Palerang community,
Yes
(b) to encourage development that supports the long-term economic sustainability of the local community, by ensuring that development does not unreasonably increase the demand for public services or public facilities,
Yes
(c) to retain, protect and encourage sustainable primary industry and commerce,
N/A
(d) to ensure the orderly, innovative and appropriate use of resources in Palerang through the effective application of the principles of ecologically sustainable development,
N/A
(e) to retain and protect wetlands, watercourses and water quality and enhance biodiversity and habitat corridors by encouraging the linking of fragmented core habitat areas within Palerang,
N/A
(f) to identify, protect and provide areas used for community health and recreational activities,
N/A
(g) to ensure that innovative environmental design is encouraged in residential development.
N/A
4.5 Development Application DA.2018.072 - Advertising Sign - 134 Burrows Lane, Bungendore Attachment 1 - Assessment Report - DA.2018.072 - Advertising Signage - 134 Burrows Lane, Bungendore (Continued)
Page 154 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
Comments: It is considered that the proposed development is unlikely to negatively impact upon the economic, social and cultural resources of the Palerang community. Furthermore, the proposed application is not considered to increase demand for public services or public facilities. Permissibility
The subject site is Zoned RU1 Primary Production zone under Palerang Local Environmental Plan 2014. Development for the purposes of an advertisement such as is proposed is prohibited within the zone with and is defined under PLEP 2014 as follows: “advertisement has the same meaning as in the Act.”
Advertisement is defined under the Environmental Planning and Assessment Act 1979 as follows: “advertisement means a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.”
Zone Objectives
An assessment of the proposal against the objectives of the RU1 Primary Production zone is included below:
Objectives Complies
To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
N/A
To encourage diversity in primary industry enterprises and systems appropriate for the area.
N/A
To minimise the fragmentation and alienation of resource lands. N/A
To minimise conflict between land uses within this zone and land uses within adjoining zones.
N/A
To minimise the impact of any development on the natural environment.
Yes
To ensure that development does not unreasonably increase the demand for public services or facilities.
Yes
Comments: It is considered that the propose development is consistent with the relevant objectives of the RU1 zone. The proposed development is unlikely to negatively impact upon the natural environment, as the structure supporting the advertisement would require minimal earthworks. Additionally, it is considered that the propose development would not unreasonably increase the demand for public services or facilities.
4.15(1)(a)(ii) any draft environmental planning instruments
4.5 Development Application DA.2018.072 - Advertising Sign - 134 Burrows Lane, Bungendore Attachment 1 - Assessment Report - DA.2018.072 - Advertising Signage - 134 Burrows Lane, Bungendore (Continued)
Page 155 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
There are no applicable draft planning instruments that are or have been placed on public exhibition, to consider as part of this assessment. 4.15(1)(a)(iii) any development control plan
PALERANG DCP 2014 COMMENTS
Section Controls Compliance / Conditions
PART C18 – ADVERTISING SIGNAGE C18.1 All Land Use Zones
1. Signage should be designed in sympathy with the needs and character
of the building to which it is to be affixed
Comment: N/A 2. Signage should not become the dominant visual element on a building,
a group of buildings or a streetscape
Comment: It is considered that the proposed development would be visually dominant within the Kings Highway streetscape. The current streetscape is comprised of rural agricultural land and the proposed development would detract from the character. Additionally, it is considered that a development of this nature would provide a precedent to permit more development of this nature within rural land along the highway, as such the proposed is considered to be unacceptable. 3. Signs on buildings that are listed as heritage items are to compliment
the visual quality of the building and streetscape. The sign is not to
adversely impact on the cultural significance of heritage items
Comment: N/A
4. The sign is not to damage or degrade a heritage item
Comment: N/A
5. The content of the sign should be suitable for viewing by people of all
ages and backgrounds
Comment: The proposed advertising signage is considered to be suitable for viewing. 6. Signs are to relate to land uses in the area in which they are erected
Comment: The proposed advertisement is for Bungendore Taxi Services, it is not considered that the sign is related to uses within the RU1 Primary Production. As such, the proposal is considered to be unacceptable. 7. Except for village tourism/roadside business boards, signs are to be
located on the property to which the advertisement relates
Comment: The proposed advertising sign is not located on a building or land to which the advertisement relates. As such, the proposal is considered to be unacceptable. 8. Signs are to be two dimensional and not to include objects
Comment: The proposed advertising signage is two dimensional. 9. Signs that relate to multiple businesses should have a co-ordinated
approach to colour, font and size
Comment: N/A
10. The font and colour should be distinct from tourist and traffic signs
Comment: The proposed advertising sign font and colour is considered to be distinct from tourist and traffic signage. 11. The sign is not to over-paint an unpainted heritage item or feature such
as tiles or glass
Comment: N/A
12. The sign is to be located so that it does not create a traffic hazard
Comment: It is considered that the proposed advertising signage is located in such a way that it is unlikely to create a traffic hazard.
Does not comply
C18.3.15 Village Tourism/Roadside Business Boards No
4.5 Development Application DA.2018.072 - Advertising Sign - 134 Burrows Lane, Bungendore Attachment 1 - Assessment Report - DA.2018.072 - Advertising Signage - 134 Burrows Lane, Bungendore (Continued)
Page 156 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
1. The sign is not to have an adverse visual impact on a streetscape or the
immediate landscape
Comment: It is considered that the proposed advertising signage has a negative impact upon the existing rural landscape. The proposed advertising signage is not consistent with the prevailing rural streetscape of the Kings Highway. 2. The sign is not to block or obscure views of heritage items
Comment: N/A
3. The sign is not to impede pedestrian access
Comment: N/A
4.15(1)(a)(iiia) any planning agreement or draft planning agreement No planning agreement has been entered into under section 7.4 of the Environmental Planning and Assessment Act 1979. 4.15(1)(a)(iv) matters prescribed by the regulations Clause 92 of the Environmental Planning and Assessment (EP&A) Regulation 2000 requires Council to take into consideration Australian Standard AS2601–1991: The Demolition of Structures, in the determination of a development application. Having regard to this prescribed matters, the proposed development does not involve the demolition of a building for the purposes of AS 2601 – 1991: The Demolition of Structures. 4.15(1)(a)(v) any coastal zone management plan Council is not subject to a coastal zone management plan. 4.15(1)(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
It is considered that the proposed advertising signage will have negative impacts upon the natural environment, as it will impede upon the existing rural landscape, which comprises the gateway to Bungendore village. However, it is not considered that the proposed advertisement signage will result in impacts upon the built environment, or have social or economic impacts in the locality. 4.15(1)(c) the suitability of the site for the development The subject site is relatively unconstrained and is considered to be suitable in its current state for the purposes of the proposed development. 4.15(1)(d) any submissions made in accordance with this Act or the regulations The application would be required to be notified under Part E of the PDCP 2015, however as the use is prohibited within this zone, and as such, the application was not notified. 4.15(1)(e) the public interest
4.5 Development Application DA.2018.072 - Advertising Sign - 134 Burrows Lane, Bungendore Attachment 1 - Assessment Report - DA.2018.072 - Advertising Signage - 134 Burrows Lane, Bungendore (Continued)
Page 157 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
The public interest is served through the detailed assessment of this development application under the relevant local planning controls and legislation and consideration of any submissions received relating to it by Council. The proposed development is not considered to be contrary to the public interest. SECTION 64 CONTRIBUTIONS
Section 64 of the Local Government Act 1993 allows contributions to be levied towards the provision of water, sewerage and stormwater infrastructure. Section 64 Contributions are not applicable to the proposed development. SECTION 7.11 CONTRIBUTIONS Section 7.11 of the Environmental Planning & Assessment Act 1979 permits councils to require as a condition of development consent, the reasonable dedication of land or the payment of monies, or both, for development that is likely to require the provision of, or increase the demand for public amenities and public services within the area. Section 7.11 Contributions are not applicable to the proposed development.
PLANNING AND STRATEGY COMMITTEE OF THE WHOLE 13 JUNE 2018
Page 158 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
QUEANBEYAN-PALERANG REGIONAL COUNCIL
Planning and Strategy Committee of the Whole Meeting Attachment
13 JUNE 2018
ITEM 4.5 DEVELOPMENT APPLICATION DA.2018.072 - ADVERTISING SIGN - 134 BURROWS LANE, BUNGENDORE
ATTACHMENT 2 PLANS - DA.2018.072 - 134 BURROWS LANE, BUNGENDORE
4.5 Development Application DA.2018.072 - Advertising Sign - 134 Burrows Lane, Bungendore Attachment 2 - Plans - DA.2018.072 - 134 Burrows Lane, Bungendore (Continued)
Page 159 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018.
Cr Tim Overall – Mayor, Chairperson
4.5 Development Application DA.2018.072 - Advertising Sign - 134 Burrows Lane, Bungendore Attachment 2 - Plans - DA.2018.072 - 134 Burrows Lane, Bungendore (Continued)
Page 160 of the Planning and Strategy Committee of the Whole of the QUEANBEYAN-PALERANG REGIONAL COUNCIL held 13 June 2018. Cr Tim Overall – Mayor, Chairperson