development application - city of clarence · 8/26/2019 · jmg ref: j163020ph 19 december 2018...
TRANSCRIPT
DEVELOPMENT APPLICATIONSD-2019/1
APPLICANT: JMG Engineers & Planners
PROPOSAL: 85 Residential Lots, 3 Public Open Space Lots & Road Reserve
LOCATION: 74 Sugarloaf Road, RISDON VALE (including 88 & 96 Sugarloaf Road, 18 Downhams Road & 6 Aralia Street)
RELEVANT PLANNING SCHEME: Clarence Interim Planning Scheme 2015
ADVERTISING EXPIRY DATE: 26 August 2019
In addition to the Application Form(s), Certificate of Title(s) and any associated consent documents the following information is available on request:
Traffic Impact Assessment, Bushfire Report, Infrastructure Report & Landscaping Concept Plan
The relevant plans and documents can be inspected at the Council offices, 38 Bligh Street, Rosny Park, during normal office hours until 26 August 2019.
Any person may make representations about the application to the General Manager, by writing to PO Box 96, Rosny Park, 7018 or by electronic mail to [email protected]. Representations must be received by Council on or before 26 August 2019.
To enable Council to contact you if necessary, would you please also include a day time contact number in any correspondence you may forward.
Any personal information submitted is covered by Council’s privacy policy, available at www.ccc.tas.gov.au or at the Council offices.
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76
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83
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81
66
65
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7 8
6
5
4
3
2
1
34
35
36
37
38
39
46
40
41
4243444547
56 55 54 53 52 51 50 49 48
101
102
103
20 21
597m²
650m² 480m²
697m² 693m² 666m² 650m² 652m² 582m² 566m²504m²
598m² 580m² 558m² 552m²618m²
563m²
652m²
557m²
564m²
653m²
555m²578m² 581m² 687m²
598m²622m² 618m² 666m²
650m²
508m²
580m²
604m² 624m² 650m² 664m² 720m² 667m² 656m²
541m² 548m² 533m² 538m² 544m² 551m² 557m² 651m²
554m² 582m²
675m²
675m²
675m²
675m²
660m²
975m²
787m²
735m²
724m²
723m²
722m²
1312m²
526m²
526m²
551m²
570m²570m²570m²650m²571m²
650m² 650m² 570m² 570m² 570m² 570m² 570m² 570m² 570m²
692m²
1560m²
759m²
651m² 671m²
24.4
12.8
21.1
34.3
13.3
36.3
56.3
51.3
10.03.0
5.66.4
41.7
49.0
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33
29748m²
1000m²
2582m²
36.3
10.9
33.5
27.4
12.8
2.07.3
32.7
25.7
32
28
676m²
677m²
This plan has been prepared only for the purpose of obtaining preliminarysubdivsional approval from the local authority and is subject to that approval.
All measurements and areas are subject to the final survey.
Base image by TASMAP (www.tasmap.tas.gov.au), © State of TasmaniaBase data from the LIST (www.thelist.tas.gov.au), © State of Tasmania
Date:
Scale:
24-5-2019
1:750 (A1) Municipality:CLARENCE
Reference:
LAMBH16 9638-12
Proposed SubdivisionTITLE REFERENCE:LOCATION: 74 SUGARLOAF ROAD
C.T.243571/1OWNER: LAMBRAKIS MGH PTY LTD
RISDON VALE
UNIT 1, 2 KENNEDY DRIVECAMBRIDGE 7170PHONE: (03)6248 5898EMAIL: [email protected]: www.rbsurveyors.com
LOCATION PLAN
1:1500 (A3)
Base image by TASMAP (www.tasmap.tas.gov.au) © State of Tasmania
LOT DETAILS PLAN
10m x 15m Rectangle (position & orientation complies with A2)
10m x 15m Rectangle (position complies with A2 but orientation does not)
Lot designated for Multiple Dwellings
Stage 1 - lots 7 - 18, lots 57 - 61 (17 Lots)
Stage 3 - lots 2 - 6, lots 70 - 76 (12 Lots)
Stage 4 - lots 27 - 29, lot 32, lot 41, lots 66 - 69, lots 81 - 87, P.O.S 103 (16 lots)
Stage 5 - lot 1, lots 43 - 56 (15 Lots)
Stage 6 - lots 33 - 40, lot 42 (9 Lots)
Stage 2 - lots 19 - 26, lots 62 - 65, lots 77 - 80, P.O.S 101 & 102 (16 lots)
PROPOSED STAGING
SU
GA
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AF
RO
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10
9 1112 13 14 15 16 17 18
19
22 23 24 2526
57
76
75
83
82
8786 85 84
7778 79 80
81
66
65
58 59 60 61 62 63 64
74 73 72 71 70 69 68 67
7 8
6
5
4
3
2
1
34
35
36
37
38
39
46
40
41
4243444547
56 55 54 53 52 51 50 49 48
101
102
103
20 21
597m²
650m² 480m²
697m² 693m² 666m² 650m² 652m² 582m² 566m²504m²
598m² 580m² 558m² 552m²618m²
563m²
652m²
557m²
564m²
653m²
555m²578m² 581m² 687m²
598m²622m² 618m² 666m²
650m²
508m²
580m²
604m² 624m² 650m² 664m² 720m² 667m² 656m²
541m² 548m² 533m² 538m² 544m² 551m² 557m² 651m²
554m² 582m²
675m²
675m²
675m²
675m²
660m²
975m²
787m²
735m²
724m²
723m²
722m²
1312m²
526m²
526m²
551m²
570m²570m²570m²650m²571m²
650m² 650m² 570m² 570m² 570m² 570m² 570m² 570m² 570m²
692m²
1560m²
759m²
651m² 671m²
P.O.S
P.O.S
P.O.S
27
33
748m²
1000m²
32
2829
676m²
677m²
2582m²
This plan has been prepared only for the purpose of obtaining preliminarysubdivsional approval from the local authority and is subject to that approval.
All measurements and areas are subject to the final survey.
Base image by TASMAP (www.tasmap.tas.gov.au), © State of TasmaniaBase data from the LIST (www.thelist.tas.gov.au), © State of Tasmania
Date:
Scale:
24-5-2019
1:750 (A1) Municipality:CLARENCE
Reference:
LAMBH16 9638-12
Proposed SubdivisionTITLE REFERENCE:LOCATION: 74 SUGARLOAF ROAD
C.T.243571/1OWNER: LAMBRAKIS MGH PTY LTD
RISDON VALE
UNIT 1, 2 KENNEDY DRIVECAMBRIDGE 7170PHONE: (03)6248 5898EMAIL: [email protected]: www.rbsurveyors.com
LOCATION PLAN
1:1500 (A3)
Base image by TASMAP (www.tasmap.tas.gov.au) © State of Tasmania
STAGING PLAN
JMG Ref: J163020PH
19 December 2018
General Manager Clarence City Council Via email – [email protected]
Attention: Bruce Gibbs
Dear Bruce,
DEVELOPMENT APPLICATION – 74 SUGARLOAF ROAD, RISDON VALE - SUBDIVISON
JMG Engineers and Planners have been engaged by IMTKS Pty Ltd to prepare a
development application for the subdivision of land at 74 Sugarloaf Road, (CT
243571/1). Planning permit SD-2017/30 provides planning permission for the
subdivision of the subject site into 71 lots. The plan of subdivision has been
substantially altered as a result of the detailed design process since this permit
was issued necessitating the further application for subdivision. Note the sewer
through 16 Marlock Street, Risdon Vale (CT 108429/1) approved under the SD-
2017/30 permit is no longer required. Council engineers are aware of the
proposed changes through detailed design pre-submission discussion.
This letter includes the following supporting documentation:
• Attachment A – Application Form
• Attachment B - Title Information
• Attachment C - Plan of Subdivision and Staging Plan
• Attachment D – Bushfire Report
• Attachment E – Traffic Impact Assessment
• Attachment F – Infrastructure Report; and
• Attachment G - Stormwater Report
The subdivision generates the following discretions under the Clarence Interim
Planning Scheme 2015 (‘the Planning Scheme’) :
• Clause 10.6.1 Lot Design (P2)(P3)(P4)(P5)
• Clause 10.6.2 Roads (P1)
• Clause 10.6.2 Ways and Public Open Space (P1)
• F6.8.1 Infrastructure (P1)(P3)
This letters serves to assess the development against the relevant clauses of the
Planning Scheme.
Received 08.01.2019
Page 2
1. Subject Site
The subject site is land located at 74 Sugarloaf Road, Risdon Vale (CT).
The site has a total area of approximately 7.6 ha and is located to the east of
Sugarloaf Road and north of Hyden Road, as shown in Figure 1. The site has a
north/north-westerly aspect.
The site is on the southern edge of the Risdon Vale settlement and is between
fragmented rural allotments. The site is characterised by degraded pasture with some
remnant woodland trees classified as dry eucalypt forest and woodland (Figure 2).
There is one existing access point, located midway along the 189.1 m frontage to
Sugarloaf Road.
The area adjoining is predominantly low density residential and large environmental
living allotments. The site adjoins general residential land to the north (6 Aralia
Court), ‘Particular Purpose’ land to the immediate south (88, 92 & 96 Sugarloaf Road)
and general residential further south (1 & 60 Elaia Drive).
Title information is provided under Attachment B.
Figure 1 – Subject Site
Received 08.01.2019
Page 3
Figure 2 – TASVEG Mapping
Title information is enclosed as Attachment A.
2. Proposed Use and Development
The proposed development is the subdivision of land into 87 residential lots, three
public open space lots and associated road reserves. The residential lots range in size
from 480 m2 to 978 m2, with frontages ranging in width from 3.7 m (lots 29-32) to 33.1
m on a single frontage. All residential lots can accommodate a 10 m by 15 m building
envelope, however several lots (46, 56 and 66) can only accommodate this rectangle
with the shortest side parallel to the frontage. However, all lots contain sufficient
area for the provision of on-site parking, an area of private open space and sufficient
frontage width to allow for safe access and egress of vehicles and pedestrians.
The subdivision will have access via a new road connected to Sugarloaf Road and a
connection to Aralia Street via the approved subdivision of 6 Aralia Street. The
subdivision will also provide for two future connections on the southern boundary of
the site. The road reserve width is either 18 m or 20 m minimum width. No cul-de-
sac terminations are proposed. The only dead end roads are provided to enable future
road connections.
A Plan of Subdivision and Staging Plan are enclosed as Attachment B.
Received 08.01.2019
Page 4
3. Planning Assessment
The proposed development has been assessed in accordance with the relevant
provisions of the Clarence Interim Planning Scheme 2015 (‘the Planning Scheme’).
The subject site is zoned General Residential and is subject to the Bushfire-Prone
Areas overlay and the 74 Sugarloaf Road Specific Area Plan (Figure 3).
Figure 3 - Zoning
3.1 General Residential Zone
The subject site is zoned General Residential. The applicable standards of that zone
are addressed herein.
Residential subdivision is a ‘permitted’ use in the zone under clause 10.2. The
proposed development becomes discretionary if it relies on a performance criteria to
comply with an applicable standard in accordance with clause 8.8.
3.1.1 Lot Design
10.6.1 Lot Design
A1
The size of each lot must comply with the
minimum and maximum lot sizes specified in
Table 10.1, except if for public open space,
riparian or littoral reserve or utilities.
P1
The size of each lot must satisfy all of the
following:
(a) Variance above the maximum lot size in Table 10.1 only to the extent necessary due to demonstrated site constraints;
(b) Be consistent with any applicable Local Area Objectives or Desired Future Character Statements for the area.
Received 08.01.2019
Page 5
The minimum lot size is 557 m2. The maximum lot size is 1312 m2 (Lot 39), however
this lot is designated as a multiple dwelling lot; the next largest lot is 978 m2. All lots
adjoining or opposite public open space are between 508 m2 and 598 m2.
The proposal complies with A1.
A2
The design of each lot must provide a
minimum building area that is rectangular in
shape and complies with all of the following,
except if for public open space, a riparian or
littoral reserve or utilities:
(a) Clear of the frontage, side and rear boundary setbacks;
(b) Not subject to any codes in this planning scheme;
(c) Clear of title restrictions such as easements and restrictive covenants;
(d) Has an average slope of no more than 1 in 5;
(e) The long axis of the building area faces north or within 20 degrees west or 30 degrees east of north;
(f) Is 10 m x 15 m in size.
P2
The design of each lot must contain a
building area able to satisfy all of the
following:
(a) Be reasonably capable of accommodating residential use and development;
(b) Meets any applicable standards in codes in this planning scheme;
(c) Enables future development to achieve maximum solar access, given the slope and aspect of the land;
(d) Minimizes the need for earth works, retaining walls, and fill and excavation associated with future development;
(e) Provides for sufficient useable area on the lot for both of the following;
i) On-site parking and maneuvering;
ii) Adequate private open space.
All lots contain a rectangular, 10 x 15 m (f) building envelope clear of easements and
covenants (c) and with an average slope of approximately 1 in 9 (d). Whilst all lots
achieve the minimum front setback requirements, proposed lots 11 – 19, 21-27, 42-45,
47-55, 67-74,77-80, 85-87 do not achieve the minimum 1.5 m side setback or
orientation requirements. All lots are also subject to the Bushfire Prone Areas Code
(c), therefore the Performance Criteria must be addressed.
All lots within the subdivision have a site area that is capable of accommodating a 10 x
15 m envelope and an area of private open space, consistent with P1(a). All applicable
standards from Codes at the subdivision level have been addressed in this report.
There are no impediments to compliance with the applicable standards P1(b).
The layout of the subdivision does not impede future development from obtaining
reasonable solar access. Further, lots that do not achieve the orientation required
under (e) have an east to north-west orientation and will achieve good solar access
(c).
The proposed layout of the subdivision does not require the construction of additional
roads to that approved under SD-2010/18. Excavation fill and piping has been
minimised by providing steep lots (i.e. lots 30 - 40) with larger site areas (d).
Each lot within the subdivision has sufficient useable area to provide on-site parking
and manoeuvring as well as adequate private open space with a northerly aspect (e).
The proposal is acceptable when considered against P2.
Received 08.01.2019
Page 6
A3
The frontage of each lot must comply with
the minimum and maximum frontage
specified in Table 10.2, except if for public
open space, a riparian or littoral reserve or
utilities or if an internal lot.
P3
The frontage of each lot must satisfy all of
the following:
(a) Provides opportunity for practical and safe vehicular and pedestrian access;
(b) Provides opportunity for passive surveillance between residential development on the lot and the public road;
(c) Is no less than 6m.
Corner lots must have a minimum frontage of 15 m on both frontages. All other lots
must have a minimum 15 m frontage. All lots comply with the acceptable solution
with the exception of lots 19, 26-33, 46, 65, 66, and 87. However, lots 29-32 are
internal lots. Therefore, the performance criteria must be addressed.
The lots with sub-minimum frontage have a minimum frontage of 9.0 m (lots 46 and
65) (c), which is considered to easily provide opportunity for safe vehicular and
pedestrian access (a) and for passive surveillance (b).
The proposal is acceptable upon consideration of the performance criteria.
A4
No lot is an internal
lot.
P4
An internal lot must satisfy all of the following:
(a) The lot gains access from a road existing prior to the planning scheme coming into effect, unless site constraints make an internal lot configuration the only reasonable option to efficiently utilize land;
(b) It is not reasonably possible to provide a new road to create a standard frontage lot;
(c) The lot constitutes the only reasonable way to subdivide the rear of an existing lot;
(d) The lot will contribute to the more efficient utilization of residential land and infrastructure;
(e) The amenity of neighboring land is unlikely to be unreasonably affected by subsequent development and use;
(f) The lot has access to a road via an access strip, which is part of the lot, or a right-of-way, with a width of no less than 3.6 m;
(g) Passing bays are provided at appropriate distances to service the likely future use of the lot;
(h) The access strip is adjacent to or combined with no more than three other internal lot access strips and it is not appropriate to provide access via a public road;
(i) A sealed driveway is provided on the access strip prior to the sealing of the final plan;
(j) The lot addresses and provides for passive surveillance of public open space and public rights of way if it fronts such public spaces.
Lots 29-32 are internal lots, contrary to A1. Therefore, the performance criteria must
be addressed.
Received 08.01.2019
Page 7
The road did not exist prior to the planning scheme coming into effect. This lot
configuration is the most efficient way to utilise the land (a)(d).
To maximise the lot layout, it is not possible to create a standard frontage lot (b).
Sub-criterion (c) is not applicable.
Subsequent development and use will likely be single dwelling development typical of
this size of lot and therefore very unlikely to unreasonably affect neighbouring land
(e).
Lots 29-32 have a minimum frontage and access width of 3.7 m (f).
The shared driveway for lots 29-32 will include passing bays compliant with both the
Parking and Access Code and the Bushfire-Prone Areas Code (g).
There are 3 access strips and a public road would not be appropriate (h).
A sealed driveway will be provided prior to sealing of the final plan (i).
Sub-criterion (j) is not applicable.
A5
Subdivision is for no
more than 3 lots.
P5
Arrangement and provision of lots must satisfy all of the following;
(a) Have regard to providing a higher net density of dwellings along; (i) Public transport corridors; (ii) Adjoining or opposite public open space, except
where the public open space presents a hazard risk such as bushfire;
(iii) Within 200 m of business zones and local shops; (b) Will not compromise the future subdivision of the entirety
of the parent lot to the densities envisaged for the zone; (c) Staging, if any, provides for the efficient and ordered
provision of new infrastructure; (d) Opportunity is optimized for passive surveillance between
future residential development on the lots and public spaces;
(e) Is consistent with any applicable Local Area Objectives or Desired Future Character Statements.
The proposed subdivision is for a total of 87 lots and three public open space lots,
therefore the Performance Criteria must be addressed.
A metro bus route (route 310) services the site along Sugarloaf Road (a)(i).
A total of three public open space lots are proposed within the subdivision, with each
lot being within 200 m of an area of public open space, ensuring good amenity to
residents and encouraging a sense of community within the subdivision. The proposed
public open space lots are a maximum of 1560 m² in area and will not present a
bushfire hazard risk (a)(ii).
Whilst the site is not 200 m from a business zone or local shops, it is within close
proximity to the Risdon Vale local shops which are approximately 250 m from the site
(a)(iii).
The entirety of the parent lot is proposed to be subdivided as part of this application.
Therefore, (b) does not apply.
Received 08.01.2019
Page 8
The subdivision is proposed to be constructed across 6 stages. As the subdivision is for
the development of 87 new residential lots, staging the construction works will allow
for the efficient and ordered provision of new infrastructure, consistent with (c).
Frontages are sufficient to enable passive surveillance of public areas (d).
There are no Local Area Objectives or Desired Future Character Statements (e).
Based on the above compliance with P5 is achieved.
3.1.2 Roads
10.6.2 Roads
A1
The
subdivision
includes no
new road.
P1
The arrangement and construction of roads within a subdivision must satisfy
all of the following:
(a) the appropriate and reasonable future subdivision of the entirety of any
balance lot is not compromised;
(b) the route and standard of roads accords with any relevant road network
plan adopted by the Planning Authority;
(c) the subdivision of any neighbouring or nearby land with subdivision
potential is facilitated through the provision of connector roads and
pedestrian paths, where appropriate, to common boundaries;
(d) an acceptable level of access, safety, convenience and legibility is
provided through a consistent road function hierarchy;
(e) cul-de-sac and other terminated roads are not created, or their use in
road layout design is kept to an absolute minimum;
(f) connectivity with the neighbourhood road network is maximised;
(g) the travel distance between key destinations such as shops and services
is minimised;
(h) walking, cycling and the efficient movement of public transport is
facilitated;
(i) provision is made for bicycle infrastructure on new arterial and collector
roads in accordance with Austroads Guide to Road Design Part 6A;
(j) multiple escape routes are provided if in a bushfire prone area.
The road layout approved under SD-2010/18 is to remain the same in the proposed
subdivision, however it still involves the creation of new roads and therefore the
Performance Criteria have been addressed.
The entirety of the balance lot is proposed to be subdivided, therefore P1(a) is not
applicable.
The proposed road network is consistent with the road network plan under Schedule 1
of the Specific Area Plan relevant to the site P1(b).
The land directly to the south of the subject site, 96 Sugarloaf Road, has subdivision
potential and provision for connector roads and pedestrian paths have been made
P1(c).
Received 08.01.2019
Page 9
The proposed road layout is consistent to that approved under the original subdivision
(SD-2010/18). The road design includes an efficient grid layout which is easily legible
for pedestrians and drivers P1(d).
No cul-de-sac roads are proposed P1(e).
A public road connection to Sugarloaf Road is proposed, thus maximising connectivity
with the existing road network, consistent with P1(f).
The maximum travel distance from the subdivision to a local business zone is
approximately 700 m P1(g).
Providing a linear public open space network, a new public road connection to
Sugarloaf Road and the close proximity to a public transport network encourages
residents to walk and cycle between points of interest (e.g. parks and local shops) and
encourages the use of public transport (P1)(h).
No arterial or collector roads are proposed (P1)(i).
The proposed road network provides 4 potential escape routes in the case of a
bushfire emergency, though the road connection to the south will depend upon the
future subdivision of that land. The proposed road connection to the north will be
connected once 6 Aralia Street is subdivide (approval for subdivision have been given
under permit SD-2017/42) (P1)(j).
The proposal is acceptable upon consideration of the performance criteria.
3.1.3 Ways and Public Access
10.6.3 Ways and Public Open Space
A1
No
Acceptable
Solution.
P1
The arrangement of ways and public open space within a subdivision must
satisfy all of the following:
(a) connections with any adjoining ways are provided through the provision
of ways to the common boundary, as appropriate;
(b) connections with any neighbouring land with subdivision potential is
provided through the provision of ways to the common boundary, as
appropriate;
(c) connections with the neighbourhood road network are provided through
the provision of ways to those roads, as appropriate;
(d) convenient access to local shops, community facilities, public open space
and public transport routes is provided;
(e) new ways are designed so that adequate passive surveillance will be
provided from development on neighbouring land and public roads as
appropriate;
(f) provides for a legible movement network;
(g) the route of new ways has regard to any pedestrian & cycle way or
public open space plan adopted by the Planning Authority;
(h) Public Open Space must be provided as land or cash in lieu, in
accordance with the relevant Council policy;
Received 08.01.2019
Page 10
(i) new ways or extensions to existing ways must be designed to minimise
opportunities for entrapment or other criminal behaviour including, but not
limited to, having regard to the following:
(j) the width of the way;
(ii) the length of the way;
(iii) landscaping within the way;
(iv) lighting;
(v) provision of opportunities for 'loitering';
(vi) the shape of the way (avoiding bends, corners or other
opportunities for concealment).
There are no existing connections with adjoining ways, (a) is not applicable. It is
proposed that the linear public open space network will connect to the proposed
public open space lots within the proposed subdivision on 6 Aralia Street, north of the
site. The location of the public open space on 6 Aralia is dependent on a minor
amendment.
No new ways are proposed to the adjoining lots to the south, however pedestrian
access will be maintained with the area of public open space on lot 103, consistent
with (b).
Lot 102 provides a public way from the southern road to the northern road of the
subdivision. Public footpaths will be required to provide ways to the rest of the
neighbourhood road network, consistent with (c).
The site is within 250 m from the Risdon Vale local shops, Housing Tasmania
‘neighbourhood centre’ facility, and within 400 m of the Risdon Vale Primary School,
Hall and Oval thus providing convenience for residents. A total of three areas of public
open space are proposed within the subdivision, further contributing to amenity and
lifestyle for the residents. Additionally, a metro bus route currently services Sugarloaf
Road, allowing easy access to public transport services (d).
The proposed public open space lots are 20 m wide providing good surveillance from
road frontage. All public open space lots adjoin at least one residential lot enabling
passive surveillance from adjoining lots (e).
The pedestrian network will align with the proposed road network which is a simple
grid pattern layout, ensuring good legibility and ease of movement for pedestrians (f).
No pedestrian, cycle way or public open space plan has been adopted by Council for
the site (g).
Five public open space lots are proposed within the subdivision and are to be handed
over to Council at the completion of works (h).
The proposed public open space lots will be provided with sufficient width, length and
lighting to ensure the safe movement of pedestrians (i)(ii)(iv). Landscaping will be
kept low, to maintain site lines and pedestrian paths will avoid corners and bends to
minimise the opportunity for concealment. Further, several lots have side boundaries
that adjoin the areas of public open space, thus further improving the opportunity for
passive surveillance of this area (i).
The proposal is consistent with P1.
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3.2 Services
10.6.4 Services
A1
Each lot must be connected to a reticulated potable water
supply.
P1
No Performance Criteria.
Each proposed lot will be connected to a reticulated water supply, compliant with A1.
A2
Each lot must be connected to a reticulated sewerage system.
P2
No Performance
Criteria.
Each proposed lot will be connected to a reticulated sewerage system, compliant with
A2.
A3
Each lot must be connected to a Stormwater
system able to service the building area by
gravity.
P3
If connection to a Stormwater system is
unavailable, each lot must be provided
with an on-site Stormwater management
system adequate for the future use and
development of the land.
Each lot is connected to the Council stormwater system on Sugarloaf Road via gravity
reticulation, compliant with A3.
A4
The subdivision includes no new road.
P4
The subdivision provides for the
installation of fibre ready facilities (pit
and pipe that can hold optical fibre line)
and the underground provision of
electricity supply.
The subdivision includes new roads, therefore the Performance Criteria must be
addressed. Allowance will be made for the installation of fibre ready facilities and the
provision of underground electricity supply, consistent with A4.
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3.3 Bushfire Prone Areas Code
The proposed subdivision is within the Bushfire Prone Areas Overlay and therefore
triggers section E1.0 of the Planning Scheme.
Subdivision: Provision of hazard management areas
E1.6.1.1 Subdivision: Provision of hazard management areas
A1
(a) TFS or an accredited person certifies that there is an insufficient increase in risk from
bushfire to warrant the provision of hazard management areas as part of a subdivision; or
(b) The proposed plan of subdivision:
(i) shows all lots that are within or partly within a bushfire-prone area, including those
developed at each stage of a staged subdivisions;
(ii) shows the building area for each lot;
(iii) shows hazard management areas between bushfire-prone vegetation and each building
area that have dimensions equal to, or greater than, the separation distances required for BAL
19 in Table 2.4.4 of AS 3959 – 2009 Construction of Buildings in Bushfire Prone Areas; and
(iv) is accompanied by a bushfire hazard management plan for each individual lot, certified by
the TFS or accredited person, showing hazard management areas greater than the separation
distances required for BAL 19 in Table 2.4.4 of AS 3959 – 2009 Construction of Buildings in
Bushfire Prone Areas; and
(v) applications for subdivision requiring hazard management areas to be located on land that
is external to the proposed subdivision must be accompanied by the written consent of the
owner of that land to enter into a Part 5 agreement that will be registered on the title of the
neighbouring property providing for the affected land to be managed in accordance with the
bushfire hazard management plan.
An updated Bushfire Report and Bushfire Hazard Management Plan has been prepared
for the subdivision layout. All lots are located within a bushfire-prone area. The
BHMP demonstrates the building area on each lot. All lots have hazard management
areas sufficient for BAL-19 development.
Written consent for hazard management areas on adjacent land is included in the
Bushfire Report in Attachment B.
The proposal complies with A1(b).
Subdivision: Public and firefighting access
E1.6.1.2 Subdivision: Public and fire fighting access
A1
(a) TFS or an accredited person certifies that there is an insufficient increase in risk from
bushfire to warrant specific measures for public access in the subdivision for the purposes of
fire fighting; or
(b) A proposed plan of subdivision showing the layout of roads and fire trails, and the location
of property access to building areas, and which complies to the extent necessary with Tables
E3, E4 & E5, is included in a bushfire hazard management plan certified by the TFS or
accredited person.
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All roads within the proposed subdivision are capable of complying with Tables E3, E4
& E5, consistent with A1(b).
Subdivision: Provision of water supply for firefighting purposes
E1.6.1.3 Subdivision: Provision of water supply for fire fighting purposes
A1
In areas serviced with reticulated water by the water corporation:
(a) TFS or an accredited person certifies that there is an insufficient increase in risk from
bushfire to warrant the provision of a water supply for fire fighting purposes; or
(b) A bushfire hazard management plan certified by the TFS or an accredited person
demonstrates that the provision of water supply for fire fighting purposes is sufficient to
manage the risks to property and lives in the event of a bushfire; or
(c) A proposed plan of subdivision showing the layout of fire hydrants, and building areas, is
included in a bushfire hazard management plan approved by the TFS or accredited person as
being compliant with Table E6.
The enclosed BHMP prescribes that fire hydrants be installed in accordance with the
Director’s Determination Version 2.1, ensuring that each lot will have access to a
reticulated water supply, consistent with A1(c).
3.4 Road and Railway Assets Code
As the development will require a new junction for access, the Road and Railway
Assets Code applies (clause E5.2 (a)). Therefore, the applicable standards of that
Code have been addressed.
A Traffic Impact Assessment has been prepared and is included as Error! Reference
source not found..
E5.5.1 Existing road accesses and junctions
A1
The annual average daily traffic (AADT) of vehicle movements, to and from a
site, onto a category 1 or category 2 road, in an area subject to a speed limit
of more than 60km/h , must not increase by more than 10% or 10 vehicle
movements per day, whichever is the greater.
P1
…
The speed limit on Sugarloaf Road at the proposed junction is 50 km/h. Therefore, A1
is not applicable.
A2
The annual average daily traffic (AADT) of vehicle movements, to and from a
site, using an existing access or junction, in an area subject to a speed limit of
more than 60km/h, must not increase by more than 10% or 10 vehicle
movements per day, whichever is the greater.
P2
…
The speed limit on Sugarloaf Road at the proposed junction is 50 km/h. Therefore, A2
is not applicable.
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A3
The annual average daily
traffic (AADT) of vehicle
movements, to and from
a site, using an existing
access or junction, in an
area subject to a speed
limit of 60km/h or less,
must not increase by
more than 20% or 40
vehicle movements per
day, whichever is the
greater.
P3
Any increase in vehicle traffic at an existing access or junction
in an area subject to a speed limit of 60km/h or less, must be
safe and not unreasonably impact on the efficiency of the road,
having regard to:
(a) the increase in traffic caused by the use;
(b) the nature of the traffic generated by the use;
(c) the nature and efficiency of the access or the junction;
(d) the nature and category of the road;
(e) the speed limit and traffic flow of the road;
(f) any alternative access to a road;
(g) the need for the use;
(h) any traffic impact assessment; and
(i) any written advice received from the road authority.
The development includes a new junction. Therefore, A3 is not applicable.
No access is proposed over a rail network therefore Clause E5.5.2 is not applicable.
E5.6.1 Development adjacent to roads and railways
A1.1
Except as provided in A1.2, the following development must be located at
least 50m from the rail network, or a category 1 road or category 2 road, in an
area subject to a speed limit of more than 60km/h:
(a) new buildings;
(b) other road or earth works; and
(c) building envelopes on new lots.
A1.2
Buildings, may be:
(a) located within a row of existing buildings and setback no closer than the
immediately adjacent building; or
(b) an extension which extends no closer than:
(i) the existing building; or
(ii) an immediately adjacent building.
P1
…
The proposed building is located over 50 m from the rail network or a category 1 or 2
road A1.1(a). No other road or earthworks are proposed within 50 m of the rail
network or a category 1 or 2 road A1.1(b). No new lots are proposed A1.1(c).
Therefore, the proposal complies with A1.1.
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E5.6.2 Road accesses and junctions
A1
No new access or junction to roads in an area subject to a speed limit of more than
60km/h.
P1
…
The speed limit for Sugarloaf Road is 50 km/h. Therefore, the proposed junction
complies with A1.
A2
No more than one access providing both entry and exit, or two accesses providing
separate entry and exit, to roads in an area subject to a speed limit of 60km/h or less.
P2
…
No new access is proposed. Therefore, A2 is not applicable.
No new level crossings are proposed over an existing rail network, therefore the
provisions of Clause E5.6.3 is not applicable.
E5.6.4 Sight distance at accesses, junctions and level crossings
A1
Sight distances at:
(a) an access or junction must comply with the Safe Intersection Sight Distance shown
in Table E5.1; and
(b) rail level crossings must comply with AS1742.7 Manual of uniform traffic control
devices - Railway crossings, Standards Association of Australia.
P1
…
The Traffic Impact Assessment (Error! Reference source not found.) reviewed the
sight distances at the junction to Sugarloaf Road and the sight distances were found
more than adequate to meet current guidelines and requirements A1(a). The minimum
SISD required is 80 m; the site has a minimum SISD of 110 m.
There are no rail level crossings proposed therefore A1(b) is not applicable.
3.5 Parking and Access Code
The Parking and Access Code applies to all use and development as per clause E6.2.
No use or development is exempt from the Code (E6.4.1).
The applicable standards have therefore been addressed.
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E6.7.1 Number of Vehicular Accesses
A1
The number of vehicle access points provided
for each road frontage must be no more than
1 or the existing number of vehicle access
points, whichever is the greater.
P1
The number of vehicle access points for each
road frontage must be minimized, having
regard to all of the following:
(a) Access points must be positioned to minimize the loss of on-street parking and provide, where possible, whole car parking spaces between access points;
(b) Whether the additional access points can be provided without compromising any of the following:
(i) Pedestrian safety, amenity and convenience;
(ii) Traffic safety; (iii) Residential amenity on
adjoining land; (iv) Streetscape; (v) Cultural heritage values if
the site is subject to the Local Historic Heritage Code;
(vi) The enjoyment of any ‘al fresco’ dining or other outdoor activity in the vicinity.
The proposed subdivision will result in the removal of the existing private access off
Sugarloaf Road and the creation of a new public road. All residential lots will have a
single access from the frontage. The proposal is consistent with A1.
E6.7.2 Design of Vehicular Accesses
A1
Design of vehicle access points must comply
with all of the following:
(a) in the case of non-commercial vehicle
access; the location, sight distance, width
and gradient of an access must be designed
and constructed to comply with section 3 –
“Access Facilities to Off-street Parking Areas
and Queuing Areas” of AS/NZS 2890.1:2004
Parking Facilities Part 1: Off-street car
parking;
(b) in the case of commercial vehicle access;
the location, sight distance, geometry and
gradient of an access must be designed and
constructed to comply with all access
driveway provisions in section 3 “Access
Driveways and Circulation Roadways” of
P1
Design of vehicle access points must be
safe, efficient and convenient, having
regard to all of the following:
(a) Avoidance of conflicts between users including vehicles, cyclists and pedestrians;
(b) Avoidance of unreasonable interference with the flow of traffic on adjoining roads;
(c) Suitability for the type and volume of traffic likely to be generated by the use or development;
(d) Ease of accessibility and recognition for users.
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AS2890.2 - 2002 Parking facilities Part 2: Off-
street commercial vehicle facilities.
Access to Lots 29-32 will be in accordance with applicable Australian Standards,
compliant with A1.
E6.7.3 Vehicular Passing Areas Along an Access
A1
Vehicular passing areas must:
(a) be provided if any of the following applies
to an access:
(i) it serves more than 5 car parking spaces;
(ii) is more than 30 m long;
(iii) it meets a road serving more than 6000
vehicles per day;
(b) be 6 m long, 5.5 m wide, and taper to the
width of the driveway;
(c) have the first passing area constructed at
the kerb;
(d) be at intervals of no more than 30 m
along the access.
P1
Vehicular passing areas must be provided in
sufficient number, dimension and siting so
that the access is safe, efficient and
convenient, having regard to all of the
following:
(a) Avoidance of conflicts between users including vehicles, cyclists and pedestrians;
(b) Avoidance of unreasonable interference with the flow of traffic on adjoining roads;
(c) Suitability for the type and volume of traffic likely to be generated by the use or development;
(d) Ease of accessibility and recognition for users.
The shared access for Lots 29-32 is greater than 30 m (a) and will provide passing bays
compliant with (b)(c) and (d). The layout will be finalised during detailed design. An
indicative layout in shown in the Bushfire Hazard Management Plan. The proposal
complies with A1.
E6.7.4 On-Site Turning
A1
On-site turning must be provided to enable
vehicles to exit a site in a forward direction,
except where the access complies with any of
the following:
(a) it serves no more than two dwelling units;
(b) it meets a road carrying less than 6000
vehicles per day.
P1
…
Onsite turning will be provided for lots 29-32 as detailed in the Bushfire Hazard
Management Plan (a). The proposal complies with A1.
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E6.7.14 Access to a Road
A1
Access to a road must be in accordance with
the requirements of the road authority.
P1
No performance criteria.
Access to Sugarloaf Road is in accordance with the Clarence Interim Planning Scheme
2015, which is the regulatory instrument of the road authority, compliant with A1.
3.6 Stormwater Management Code
The Stormwater Management Code applies to all development requiring management
of stormwater in accordance with clause E7.2.1. No development is exempt from this
code (E7.4.1). The applicable standards of this code have been addressed.
E7.7.1 Stormwater Drainage and Disposal
A1
Stormwater from new impervious surfaces
must be disposed of by gravity to public
stormwater infrastructure.
P1
Stormwater from new impervious surfaces
must be managed by any of the following:
(a) Disposed of on-site with soakage devices having regard to the suitability of the site, the system design and water sensitive urban design principles;
(b) Collected for re-use on the site; (c) Disposed of to public Stormwater
infrastructure via a pump system which is designed, maintained and managed to minimize the risk of failure to the satisfaction of the Council.
Stormwater from new impervious surfaces will be disposed of by gravity to the Council
stormwater system in Sugarloaf Road, compliant with A1.
A2
A stormwater system for a new development
must incorporate water sensitive urban design
principles R1 for the treatment and disposal
of stormwater if any of the following apply:
(a) the size of new impervious area is more
than 600 m2;
(b) new car parking is provided for more than
6 cars;
(c) a subdivision is for more than 5 lots.
P2
A Stormwater system for a new
development must incorporate a
Stormwater drainage system of a size and
design sufficient to achieve the
Stormwater quality and quantity targets in
accordance with the State Stormwater
Strategy 2010, as detailed in Table E7.1
unless it is not feasible to do so.
The proposed subdivision is greater than 5 lots, therefore the stormwater system must
incorporate water sensitive urban design principles. A bioretention swale is included in
the roadside curb drainage which will achieve nutrient reduction required by the
MUSIC modelling (Attachment E). Therefore, the proposal complies with A2.
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A3
A minor stormwater drainage system must be
designed to comply with all of the following:
(a) be able to accommodate a storm with an
ARI of 20 years in the case of non-industrial
zoned land and an ARI of 50 years in the case
of industrial zoned land, when the land
serviced by the system is fully developed;
(b) stormwater runoff will be no greater than
pre-existing runoff or any increase can be
accommodated within existing or upgraded
public stormwater infrastructure.
P3
No Performance Criteria.
The proposed stormwater drainage system will be designed to accommodate a 5% AEP
event (ARI of 20 years) as detailed in the Infrastructure Report (Attachment E)
complying with (a) and the stormwater run-off will be decreased through the removal
of impervious surfaces as part of the proposal, thus complying with (b). Therefore,
the proposal complies with A3.
A4
A major Stormwater drainage system must be
designed to accommodate a storm with an ARI
of 100 years.
P4
No Performance Criteria.
The kerb drainage system is designed to cater for a 100 year ARI event, conveying
surface water from the site into either detention basins located in the areas of public
open space or into the stormwater system in the Sugarloaf Road reserve, thus
complying with A4.
3.6.1 Specific Area Plan – 74 Sugarloaf Road
F6.8.1 Infrastructure
A1
The subdivision:
(a) is minor boundary adjustment that
maintains the minimum lot size and
dimensions of each lot; or
(b) does not involve the creation of new road
lots and would not prevent the
implementation of the Road Layout Plan in
Schedule 1 of this Plan; or
(c) generally accords with the Road Layout
Plan in Schedule 1 of this Plan.
P1
The proposed road layout:
(a) provides street and pedestrian connectivity into
adjoining lots, and;
(b) minimises access points onto Sugarloaf Road,
and;
(c) maximises street frontages to lots created, and
(d) maximises the number of north-south or east-
west orientated lots.
The proposed subdivision is not a minor boundary adjustment, contrary to A1(a).
Therefore, the performance criteria must be addressed.
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The proposed road layout includes one street/pedestrian connection north to 6 Aralia
Street and two connections to the properties south of the site P1(a).
The proposed road layout includes one access point onto Sugarloaf Road as per the
Road Layout Plan P1(b).
The proposal includes 87 residential lots and three public open space lots; 84 of the
residential lots have full 15m street frontages P1(c).
More than 90% of lots have north-south or east-west orientation P1(d).
The proposal is acceptable upon consideration of the performance criteria.
A2
The stormwater detention is in accordance
with the Stormwater Management Plan in
Schedule 2 of this Plan.
P2
The proposed stormwater detention areas maintain
the north-south linear parkway through the centre
of the subject sites.
The attached Infrastructure Report shows that the proposed stormwater retention
infrastructure is in accordance with the Stormwater Management Plan in Schedule 2 of
the 74 Sugarloaf Road Specific Area Plan. The stormwater system is unchanged from
SD-2010/18 and is also consistent with the JMG stormwater report which underpinned
the Specific Area Plan.
The proposal is considered compliant with Clause F6.8.1 A2.
A3
Subdivision is
not staged.
P3
(a) Staging provides for the efficient installation and delivery of services.
(b) Staging provides for the early transfer of Public Open Space lots.
The proposed subdivision will be constructed across 6 stages, therefore the
Performance Criteria has been addressed. The proposed subdivision will result in the
creation of 87 new residential lots. Staging the construction will allow for the efficient
installation of services and cost effective delivery of lots (a).
3 of the 4 areas of public open space are located within stages 1 and 3, ensuring the
early transfer of public open space lots (b).
The proposal is acceptable upon consideration of the performance criteria.
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4. Summary
This proposal seeks to obtain a permit for the subdivision of 74 Sugarloaf Road
and 16 Marlock Street, Risdon Vale into 86 lots in accordance with the Clarence
Interim Planning Scheme 2015.
The application for subdivision generates the following discretions:
• Clause 10.6.1 Lot Design (P2)(P3)(P4)(P5)
• Clause 10.6.2 Roads (P1)
• Clause 10.6.2 Ways and Public Open Space (P1)
• F6.8.1 Infrastructure (P1)(P3)
The discretions are considered acceptable based on the reasons outlined in this
assessment.
If Council requires any further information or clarification with respect to this
application, please contact me at [email protected].
Yours faithfully
JOHNSTONE McGEE & GANDY PTY LTD
Dana Elphinstone TOWN PLANNER
Received 08.01.2019