development application statement of ......development application statement of environmental...

Saunders Staniforth

•

DEVELOPMENT APPLICATION

STATEMENT OF ENVIRONMENTAL EFFECTS

TWO (2) LOT TORRENS TITLE SUBDIVISION

152 WARRENDINE STREET ORANGE NSW 2800

LOT 3 SEC 2 DP 8196

MAY 2019

2/204 - 206 Lords Place, Orange NSW 2800 T 02 6362 1880 F 02 63621 881

E valpla11@ssvaluers com au ABN 49 108 883 058

Also specialising in Valuations

152 Warrendine Street, ORANGE, NSW 2800

• 1.0 THE PROPOSAL

The Development Application (DA) seeks approval to effect a two (2) lot Torrens Title subdivision on the subject land. The proposed subdivision involves the creation of two (2) residential allotments as shown on the attached plans.

The development application consists of this report, a completed development application form and the following plans:

Figure 1 - Existing boundaries and site detail (sheets 1 and 2)

Figure 2 - Proposed subdivision and concept plan (sheet 1 and 2)

As indicated on Figure 2, it is proposed to subdivide the subject land to create two residential lots. The subdivision has been designed in accordance with the Orange City Council Development Control Plan 2004. Figure 2 also shows a conceptual dwelling which demonstrates the satisfactory siting of a dwelling. The construction of a dwelling on the newly created lot does not form part of this development application. The conceptual dwelling has been included on the plans to show how a dwelling could be sited on the land and how it can comply with the relevant provisions of the Development Control Plan as a result of the proposed subdivision.

Demolition of the ancillary outbuilding and tree removal do not form part of this subdivision and will be subject to a separate development application at the time of future development.

The subdivision layout is of a standard size with an appropriate width and depth ratio. The configuration of the subdivision allows for the satisfactory accommodation of a dwelling and ancillary residential development.

The subject land will retain the existing access to Warrendine Street. Proposed lot 300 will retain the existing concrete vehicle crossing and driveway located along the western boundary. No upgrades to the access of proposed lot 300 are envisaged.

Access to proposed lot 301 will be via a driveway crossover constructed to the standards of Orange City Council. It is proposed that the driveway crossover not be provided as part of this subdivision, but rather at the time future development is proposed. The proposed subdivision layout is a battle-axe design with a 4.5- metre-wide vehicle crossover and 3.5-metre-wide access handle located along the eastern boundary.

Proposed lot 300 will retain its existing services, no changes are proposed.

Saunders & Staniforth Valuers - Property Planning & Consultants


• With reference to Figure 2, proposed lot 301 will be serviced as follows:

• Extend Council's sewer main to provide reticulated sewerage to future development.

• Electricity and telecommunications will be provided to proposed lot 301 in accordance with the requirements of the relevant supply authority.

• Easements to facilitate servicing will be created as required.

An easement to drain sewerage (2 wide and variable) and a right of access (0.9 wide) has been provided as per figure 2.

The proposed subdivision is permissible, subject to receiving the development consent of Orange City Council.

An assessment of the development pursuant to the relevant matters in Section 4.15 of the Environmental Planning & Assessment Act 1979 (as amended) indicates that there are no aspects of this application that would prevent approval.

The proposed development is unlikely to generate adverse impacts on nearby development or upon the amenity of the area. It is consistent with the zoning of the land and is considered to be appropriate development in the context of the established and planned land use pattern.

Saunders & Staniforth Valuers - Property Planning & Consultants 2


• 2.0 THE LAND

The subject land is located in the eastern area of the Orange urban footprint. Proposed lot 300 contains an existing single storey rendered brick dwelling and outbuilding. Proposed lot 301 is largely vacant and contains existing trees and an ancillary outbuilding located along the western boundary.

The legal property description of the land is Lot 1 Sec 2 DP 8196.

The land is zoned Rl General Residential pursuant to the Orange Local Environmental Plan 2011.

The subject land has a total area of 989 m2• It has a 20-metre frontage to Warrendine Street, which forms part of the northmost boundary. The western and eastern boundaries are 50.285 metres respectively.

The terrain of the land is considered to be flat.

The subject land has been utilised for residential purposes for a number of years. As a result, there are a number of plantings of trees and shrubs located on the land.

Adequate servicing is available to the subject land. The subject land is serviced by Council's reticulated water which is located within Council's road reserve. Council's reticulated sewerage system is located along the southernmost boundary.

The site also has suitable access to telecommunications and electricity.

The subject land has frontage to Warrendine Street. In its location, the road provides one traffic lane in each direction.

The current access to the site is via a concrete 3.85-metre-wide vehicle crossover and driveway, located to the west of the subject land.

The surrounding development pattern comprises of:

• Multi-dwelling housing to the south.

• A single storey dwelling and ancillary outbuildings to the east.

• Immediately to the north of the proposed subdivision is land zoned Rl General Residential. All of the allotments immediately north are developed residential properties.

• To the west, is a battle-axe style subdivision with a single storey brick dwelling located to the front and an attached dual occupancy located on the rear of the allotment.



3.0 PLANNING REQUIREMENTS AND ASSESSMENT • 3.1 ORANGE LOCAL ENVIRONMENTAL PLAN 2011

The following clauses of the Orange Local Environmental Plan 2011 (the LEP) have been assessed as being relevant and matters of consideration in the assessment of the development application.

The proposal is consistent with the intent of Orange Local Environmental Plan 2011, particularly with regard to residential development.

The proposed subdivision is consistent with the objectives and relevant clauses of the LEP.

The environmental design requirements are addressed in detail under various DCP heads of consideration.

The provisions relevant to the proposal are considered below:

Clause 1.2 Aims of Plan

(a)to encourage development that complements and enhances the unique character of Orange as a major regional centre boasting a diverse economy and offering an attractive regional lifestyle,

(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Orange in a way that allows the needs of present and future generations to be met by implementing the principles of ecologically sustainable development,

( c) to conserve and enhance the water resources on which Orange depends, particularly water supply catchments,

(d) to manage rural land as an environmental resource that provides economic and social benefits for Orange,

( e) to provide a range of housing choices in planned urban and rural locations to meet population growth,

(f) to recognise and manage valued environmental heritage, landscape and scenic features of Orange.

Response:

The proposed development is broadly consistent with the aims of the plan.



• Clause 1.4 Definitions

Subdivision is defined under the Environmental Planning and Assessment Act 1979 as the division of land into 2 or more parts that, after the division, would be obviously adapted for separate occupation, use or disposition. The division may (but need not) be effected:

(a) by conveyance, transfer or partition, or (b) by any agreement, dealing, plan or instrument rendering different parts of the land available for separate occupation, use or disposition.

Development is defined under the Environmental Planning and Assessment Act 1979 as:

(a)the use of land, (b) the subdivision of land, ( c) the erection of a building, ( d) the carrying out of a work, (e) the demolition of a building or work, (f) any other act, matter or thing that may be controlled by an environmental

planning instrument.

Zone R1 General Residential

1 Objectives of zone

• To provide for the housing needs of the community.

• To provide for a variety of housing types and densities.

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

• To ensure development is ordered in such a way as to rnaxrrmse public transport patronage and encourage walking and cycling in close proximity to settlement.

• To ensure that development along the Southern Link Road has an alternative access.

2 Permitted without consent

Environmental protection works; Home-based child care; Home occupations



3 Permitted with consent

Attached dwellings; Boarding houses; Building identification signs; Business identification signs; Camping grounds; Caravan parks; Centre based child care facilities; Community facilities; Dwelling houses; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Group homes; Home businesses; Home industries; Hostels; Information and education facilities; Kiosks; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (indoor); Recreation facilities ( outdoor); Residential accommodation; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals; Water supply systems

4 Prohibited

Farm stay accommodation; Rural workers' dwellings; Any other development not specified in item 2 or 3

Response: The subdivision will provide the opportunity for an additional dwelling on the newly created allotment. The created lots are of a size that allows for a variety of housing densities. The subdivision will retain the existing patronage to public transport and utilise existing footpaths and roads to encourage walking and cycling. The impact of future development upon providing services or facilities to meet the day to day needs of residents will be a matter for consideration at the time that future development is proposed.

The proposed development is consistent with the objectives of the Rl General Residential zone. The impacts of the development are considered to be insignificant in nature and in no way adverse to the zone objectives.

•

Clause 2.6 Subdivision - consent requirements

(1) Land to which this Plan applies may be subdivided, but only with development consent.

Notes. 1 If a subdivision is specified as exempt development in an applicable environmental planning

instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. the Act enables it to be carried out without development consent.

2 Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.

Response: Council's consent is sought for the subdivision of land (Torrens Title) from one (1) allotment into two (2). The proposed subdivision is permissible with the consent of Council.



Clause 2.7 Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

• Note. If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

Response: The development application is not seeking Council's consent for the demolition of the ancillary outbuilding or for tree removal. Demolition and tree removal will be a matter for consideration at the time that future development is proposed.

Clause 4.1 Minimum subdivision lot size

The objectives of the clause are as follows:

(a) to ensure that new subdivisions reflect existing lot sizes and patterns in the surrounding locality,

(b) to ensure that lot sizes have a practical and efficient layout to meet intended use,

( c) to ensure that lot sizes do not undermine the land's capability to support rural development,

(d) to prevent the fragmentation of rural lands,

(e) to provide for a range of lot sizes reflecting the ability of services available to the area,

(f) to encourage subdivision designs that promote a high level of pedestrian and cyclist connectivity and accommodate public transport vehicles.

Response: There is no minimum lot size applying to the subject land.

In consideration of the above objectives, the proposed subdivision reflects the existing lot sizes and patterns in the surrounding locality, with particular reference to the lots located along the western boundary (DA 460/2008 and DA 123/2009).

The two (2) lots created are not averse to the intended residential use and have been designed to ensure a practical and efficient layout. Existing services and infrastructure will be utilised. The subdivision design utilises the existing pedestrian and cyclist connectivity pathways and creates the opportunity for an additional dwelling, ultimately allowing for increased use of public transport.



• Clause 5.10 Heritage Conservation

Clause 5.10 states that:

( 4) The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

"The Glenroi Conservation Area extends south of the NSW Agriculture building off Bathurst Road. The area has a notable concentration of mainly brick houses in good condition from the late- Victorian and Edwardian periods as well as a good representation of bungalow housing. The smaller houses and single-storey terraces provide a good example of "worker's housing" from periods of the Town's growth. The housing is sited directly opposite former employment locations on the railway, wool stores and flour mill. Quite a number of symmetrical brick cottages date from the late-Victorian period. A scattering of very fine Turn-of-the-Century (1890s-1900s) houses can be found near Bathurst Road."

Orange City Council Development Control Plan 2004, Chapter 13 - Heritage.

Response: The proposed development is located on the periphery of the Glenroi Heritage Conservation Area.

As the subdivision is relatively minor in nature and does not propose the erection, alteration or demolition of any buildings or structures. The impact and outcome of the development is insignificant upon the heritage significance of the Glenroi Heritage Conservation Area. The effect upon heritage conservation in the Glenroi Heritage Conservation Area will be a matter for consideration at the time that future development is proposed.



Clause 7.1 Earthworks

(1) The objectives of the clause are as follows:

(a)to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,

(b) to allow earthworks of a minor nature without requiring separate development consent.

(2) Development consent is required for earthworks unless:

(a)the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or

(b) the earthworks are ancillary to other development for which development consent has been given.

(3) Before granting development consent for earthworks, the consent authority must consider the following matters:

(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development,

(b)the effect of the development on the likely future use or redevelopment of the land,

( c) the quality of the fill or the soil to be excavated, or both,

( d) the effect of the development on the existing and likely amenity ot adjoining properties,

(e)the source of any fill material and the destination of any excavated material,

•

(f) the likelihood of disturbing relics,

(g)the proximity to and potential for adverse impacts on any waterway, drinking water catchment or environmentally sensitive area,

(h) any measures proposed to minimise or mitigate the impacts referred to in paragraph (g).

Response: The earthworks that are to be undertaken for the subdivision will include trenching for service extension. With reference to subclause (2)(b), separate development consent is not required for the earthworks as they are minor in nature and ancillary to the development for which development consent is being sought.



Clause 7 .3 Stormwater Management

(1) The objective of this clause is to minimise the impacts of urban stormwater on the land to which the development applies and on adjoining downstream properties, native bushland and receiving waters.

(2) This clause applies to all land in residential, business and industrial zones.

(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

(a)is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting on-site infiltration of water, and

(b)includes, where practical, on-site stormwater retention for use as an alternative supply to mains water, groundwater or river water, and

(c) avoids any significant impacts of stormwater runoff on adjoining downstream properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.

Response: Council's existing stormwater infrastructure is deemed to be satisfactory to accommodate the proposed subdivision. The impacts of stormwater runoff will be a matter for consideration at the time that future development is proposed.

•

Clause 7.6 Groundwater Vulnerability

The subject land has been identified as being Groundwater Vulnerable Land on the Groundwater Vulnerability Land Map. As such, the clause applies as follows:

(3) Before determining a development application for development on land to which this clause applies, the consent authority must consider:

(a) whether or not the development (including any on-site storage or disposal of solid or liquid waste and chemicals) is likely to cause any groundwater contamination or have any adverse effect on groundwater dependent ecosystems, and

(b) the cumulative impact (including the impact on nearby groundwater extraction for potable water supply or stock water supply) of the development and any other existing development on groundwater.



( 4 J Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:

(a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b) if that impact cannot be reasonably avoided-the development is designed, sited and will be managed to minimise that impact,

( c) if that impact cannot be minimised-the development will be managed to mitigate that impact.

•

Response: The proposed subdivision will not lead to any significant adverse environmental impact. Potential impacts on the functioning of key groundwater systems will be addressed as part of any future development application that is lodged as a result of this subdivision.

Clause 7.11 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 proposed 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)storm water drainage or on-site conservation,

(e)suitable road access.

Response: The subject land is serviced by Council's reticulated water and sewerage network. Dwellings surrounding the development have access to electricity and telecommunications. It is therefore inferred that the proposed subdivision will have suitable access to electricity and telecommunications. Access to the newly created lots will maintain the existing road access from Warrendine Street.

The proposed development therefore satisfies the requirements of the clause.



• 3.2 STATE ENVIRONMENTAL PLANNING POLICIES

STATE ENVIRONMENTAL PLANNING POLICY NO 55 - REMEDIATION OF LAND (SEPP 55)

Clause 7 of SEPP 55 states that a consent authority must not consent to the carrying out of development on land unless:

(a)it has considered whether the land is contaminated, and

(b)if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

( c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

Response: The subject land has been utilised for residential purposes for approximately 60 years. Investigation of previous use and visual site inspection of the property did not give rise to concerns surrounding contamination in relation to SEPP 55.

A check of the NSW EPA Contaminated Land Record and List of NSW Contaminated Sites notified to the EPA did not identify any contaminated sites on or near the proposed subdivision.

3.3 PROVISIONS

INSTRUMENTS

OF DRAFT ENVIRONMENTAL PLANNING

There are no known draft regional, local, or state planning instruments that are likely to affect the subject land or development.



• 3.4 PROVISIONS OF DEVELOPMENT CONTROL PLANS

The proposed subdivision is subject to the provisions of the Orange City Council Development Control Plan 2004. A plan showing a conceptual dwelling and private open space has been provided on Figure 2.

The subdivision adequately addresses significant design issues to ensure that the proposed development provides opportunities for good quality housing development and integrates well with its surrounding environment.

The Development Control Plan encourages certain planning outcomes which are considered below:

CHAPTER 3 - GENERAL CONSIDERATIONS PO 3.1-1 PLANNING OUTCOMES - COMMENT CUMULATIVE IMPACT 1. Applications for development

demonstrate how the development relates to the character and use of land The proposed subdivision is in the vicinity. consistent with the intended

2. The introduction of new development future residential use of the into a locality maintains environmental zone. The subdivision itself will impacts within existing or community- not create any adverse accepted levels. environmental impacts.

3. Water conservation measures are Complies

implemented. CHAPTER 4 - SPECIAL ENVIRONMENTAL CONSIDERATIONS PO 4.3-1 PLANNING OUTCOMES - LAND COMMENT SHAPING 1. Applications include details on the No significant earthworks,

existing and proposed landform, including land shaping, are watercourses and veqetation. proposed as part of this

2. Applications are accompanied by a soil- application. erosion control plan for implementation prior to and upon commencement of Minor earthworks (ancillary) are the work. required for the trenching of

3. Landfilling comprises inert material services. The earthworks are only and does not include putrescible unlikely to have a significant waste, vegetation, or other material detrimental impact on that may decompose. neighbouring properties or soil

4. Landfill is compacted to the required stability. standard and evidence of compaction rates are provided upon completion of Earthworks have been addressed the work or otherwise as directed by under Clause 7.1 of the LEP. Council. Complies



• PO 4.4-1 PLANNING OUTCOMES FOR COMMENT CONTAMINATED LAND

1. Land subject to development is clear from contamination.

2. Development complies with the Contaminated Land Management Act 1997.

3. Applications for development consent on land used or likely to have been previously used for uses in the table below include contamination assessment and where necessary a proposed remediation strategy to make Contamination of the subject site the site suitable for the proposed use. has been addressed under State

4. An independent site audit at the Environmental Planning Policy No applicant's cost is carried out to assess 55 - Remediation of Land. the information provided with an Complies application where Council considers that:

• information may be incorrect or incomplete;

• it needs to verify that the information adheres to appropriate standards, procedures or guidelines; or

• the type or level of contamination requires an independent technical review.

CHAPTER 7 - DEVELOPMENT IN RESIDENTIAL AREAS PO 7.2-1 PLANNING OUTCOMES FOR COMMENT URBAN RESIDENTIAL SUBDIVISION

1. Subdivision layouts in areas zoned The proposed subdivision layout is considered to be compliant Urban Residential prior to this plan are with requirements set out in the

generally in accordance with the DCP. applicable plan maps in Appendix 1. Comolies The subdivision layout allows for

2. Lots are orientated to optimise energy- future development to be orientated to optimise energy

efficiency principles. efficiency principles. Comolies



• 3. New roads are planned according to modified grid layouts with restrained use of cul-de-sac roads in new Not applicable developments according to the UDAS Urban Form principles for Orange.

4. Local open space is provided along creek corridors to create open space linkages for environmental conservation and social interaction. Not applicable Release areas removed from creeks provide for open-space links incorporating substantial stands of native vegetation.

5. Release areas indicate trunk cycle and pedestrian ways that link the area to major open space networks and Not applicable activity centres (schools, shopping centres and employment areas).

Proposed lot 300 is 9.4% (47 m2)

below the 500 m2 requirement.

6. Lots below 500m2 indicate a The existing dwelling on this lot

mandatory side setback to provide for maintains its current setbacks. The proposal will not have any solar access and privacy. negative impacts regarding privacy or solar access. Comolies

7. Lots below 350m2 indicate existing or planned house layouts, which identify All lots exceed 350 m2• how privacy, solar access, vehicular Not applicable access and private open-space needs are to be achieved.

The subdivision provides for two 8. Up to 25% of new subdivisions types of lot sizes:

comprise small lots in dispersed Cottage (Lot 300) locations. Standard (Lot 301)

Comolies Based on the proposed access and servicing arrangements

9. Lots are fully serviced and have direct outlined in this report, the frontage/access to a public road. proposal satisfies the

requirements of this clause. Comolies

10.Design and construction complies with The development will comply

the Orange Development and with the engineering

Subdivision Code. requirements of the code. Complies



• 11.Corner lots provide for a house to front Not applicable one street.

The proposed access to the battle-axe lot is via a 4.5-metre- wide crossover. The proposed

12.Battle-axe lots provide an adequate driveway at its narrowest point is 2.95 metres and 3.5 metres at accessway width for the number of its widest point. dwellings proposed to be served in

order to allow for vehicle and The driveway and access width pedestrian access and location of are deemed to be sufficient to services. cater for vehicular traffic for a three-bedroom dwelling (Figure 2). Complies

13.Lots proposed to be used specifically for dual occupancy or units in new residential areas are identified on development application plans to inform prospective purchasers of the Not applicable mixed residential form of the area and measures are outlined on how prospective residents are to be informed of these identified sites prior to purchasing land.



• 7 .6 SITE ANALYSIS COMMENT

1. Site analysis identifies the key features ( development constraints and opportunities) of the site and its A site analysis plan has been surroundings that influence prepared. Refer to Figures one development. A site analysis should be (1) and two (2). submitted with applications for all Complies residential development (subdivision and buildinqs).

PO 7.7-1 PLANNING OUTCOMES - COMMENT NEIGHBOURHOOD CHARACTER 1. Site layout and building design enables The site layout is consistent with

the: similar subdivisions in the area - creation of attractive residential and is consistent with the overall environments with clear character and character of the neighbourhood. identity; - use of site features such as views, No buildings are proposed as aspect, existing vegetation and part of this development landmarks. application.

A conceptual dwelling has been provided on Figure 2 which accurately depicts that the overall character of the

2. Buildings are designed to complement neighbourhood is not

the relevant features and built form compromised by the siting of a

that are identified as part of the dwelling on lot 301.

desired neighbourhood character. Building materials and features will be a matter for consideration at the time a development application is lodged for a dwelling on lot 301. Complies The proposed subdivision is

3. The streetscape is designed to consistent with the existing encourage pedestrian access and use. streetscape and will utilise the

existing pedestrian access. Comolies



• PO 7.7-2 PLANNING OUTCOMES - COMMENT BUILDING APPEARANCE

1. The building design, detailing and The conceptual dwelling on lot

finishes relate to the desired 301 addresses how compliance

neighbourhood character complement with the planning outcome can be achieved. the residential scale of the area A dwelling will not objectionably

and add visual interest to the street. impact on the surrounding

2. The frontage of buildings and their locality.

entries address the street. The subdivision will not be

3. Garages and car parks are sited and inconsistent or incompatible with

designed so that they do not dominate the area and adjoining

the street frontage. properties. Complies

PO 7.7-3 PLANNING OUTCOMES - COMMENT HERITAGE

1. Heritage buildings and structures are There are no heritage buildings

efficiently re-used. or structures on the subject land. Not applicable

2. New development complements and The proposed subdivision is not enhances the significance of a heritage averse to the heritage item or place of heritage significance significance of the area. listed in the Oranqe Heritage Study. Complies

3. Significant landscape features The proposal does not involve are the demolition or removal of any retained including original period fences and period gardens.

items, buildings or structures. Not applicable

PO 7.7-4 PLANNING OUTCOMES - SETBACKS COMMENT

1. Street setbacks contribute to the The proposed subdivision desired neighbourhood character, maintains the current setback for assist with integration of new the existing dwelling. This is development and make efficient use of consistent with the adjoining the site. allotments and neighbourhood

character.

2. Street setbacks create an appropriate scale for the street considering all other streetscape components.

A conceptual dwelling has been provided on proposed lot 301. As Figure 2 indicates, a dwelling could be sited reasonably on the land achieving the appropriate setbacks expressed in the DCP. Complies



• PO 7.7-6 PLANNING OUTCOMES - COMMENT VISUAL BULK Site coverage is as follows: Lot Size Coverage 300 453 m2 72% 301 536 m2 70.15%

Whilst there is a minor non- compliance with the 60% standard imposed by the DCP, a departure from this standard is sought. It would be considered unreasonable for the development to conform to site coverage requirements based on:

- the development is consistent 1. Built form accords with the desired with the surrounding

neighbourhood character of the area development pattern in the with: locality. - side and rear setbacks

progressively increased to reduce - the development will not bulk and overshadowing; impact on the amenity, adjoining

- site coverage that retains the development, or compromise the relatively low-density, landscaped heritage significance of the character of residential areas; Glenroi Heritage Conservation

- building form and siting that relates Area. to land form, with minimal land shaping ( cut and fill); - the development satisfies the

- building height at the street other planning outcomes frontage that maintains a prescribed by this plan. comparable scale with the predominant adjacent development - Figure 2 demonstrates that a form; future dwelling could be

- building to the boundary where reasonably sited to facilitate appropriate. future use whilst maximising

useable space.

- the objectives of the Rl General Residential zone are not compromised by this development.

As per Figure 2, the subdivision (and conceptual dwelling) is considered to be compatible with development in the immediate area and does not adversely impact the residential character or amenity. Justified



• PO 7.7-7 PLANNING OUTCOMES - WALLS COMMENT AND BOUNDARIES The side boundary setbacks achieve the 900 mm setback

1. Building to the boundary is undertaken required by the NCC. to provide for efficient use of the site taking, into account: A right of access 900 mm wide - the privacy of neighbouring has been proposed that benefits

dwellings and private open space; - lot 301. the access to daylight reaching adjoining properties; The proposal will not have any

- the impact of boundary walls on negative impacts regarding neighbours. limiting views or solar access to

neighbouring properties. Complies

PO 7.7-12 PLANNING OUTCOMES - COMMENT SECURITY 1. The site layout enhances personal The proposal does not pose a

safety and minimises the potential for safety, security, or crime crime, vandalism and fear. prevention risk.

Complies 2. The design of dwellings enables No dwellings are proposed as residents to survey streets, communal

areas and approaches to dwelling part of this application.

entrances. Complies

PO 7.7-14 PLANNING OUTCOMES - COMMENT CIRCULATION DESIGN

1. Accessways and parking areas are The location of the proposed designed to manage stormwater. crossover and driveway allows

2. Accessways, driveways and open for seamless integration with parking areas are suitably landscaped Warrendine Street. to enhance amenity while providing

It is proposed that the driveway security and accessibility to residents and visitors. crossover not be provided as part

3. The site layout allows people with a of this subdivision, rather at the disability to travel to and within the time future development is site between car parks, buildings and proposed. communal open space. Complies



PO 7.7-15 PLANNING OUTCOMES - CAR PARKING COMMENT

1. Parking facilities are provided, designed and located to: - enable the efficient and convenient use of car spaces and accessways within the site; - reduce the visual dominance of car-parking areas and Proposed lot 301 is of a suitable accesswa s. size to accommodate future car

f---------'----------------1 2. Car parking is provided with regard to parking requirements for a three-

the: bedroom dwelling. Figure 2 - number and size of proposed demonstrates compliance with dwellings; this planning outcome. - requirements of people with limited Complies mobilit or disabilities.

The existing carparking requirements are deemed to satisfy the provisions of the DCP.

PO 7.7-16 PLANNING OUTCOMES - PRIVATE OPEN SPACE COMMENT

1. Private open space is clearly defined The existing dwelling on ___ f_o_r_p_r_iv_a_t_e_u_s_e_·--------------1 proposed lot 300 wi 11 have a

1. Private open space areas are of a size, Private Open Space of 108 m2

shape and slope to suit the reasonable and has been clearly defined on requirements of residents, including Figure 2. some outdoor recreational needs and

f--- se_r_v_ic_e_fu_n_c_t_io_n_s_. -------------1 The location of the private open 2. Private open space is: space is of a reasonable size and

shape that compliments the existing layout of the dwelling and land.

- capable of being an extension of the dwelling for outdoor living, entertainment and recreation;

- accessible from a living area of the dwelling;

- located to take advantage of outlook and to reduce adverse impacts of overshadowing or privacy from adjoining buildings;

- orientated to optimise year round use.

Figure 2 actively demonstrates how a dwelling sited on lot 301 can achieve the Private Open Space requirements required by this Plan. Complies

21 Saunders & Staniforth Valuers - Property Planning & Consultants


PO 7.7-17 PLANNING OUTCOMES - OPEN SPACE AND LANDSCAPING COMMENT •

1. The site layout provides open space and landscaped areas which: contribute to the character of the development by providing buildings in a landscaped setting;

There is sufficient open space located within close proximity of the development site.

Proposed lot 300 has existing vegetation that is not adverse to the character of the area.

- provide for a range of uses and Adequate landscaping areas activities including stormwater between lot 300 and 301 have management; been provided to maximise

1---_- __ a_ll_o_w_co_s_t_-_e_ff_e_ct_iv_e_m_a_n_a_q.._e_m_e_n_t_. _ ____, privacy and to add to the 2. The landscape design specifies residential amenity of the area.

landscape themes consistent with the desired neighbourhood character and Landscaping buffers have also vegetation types and location, paving been provided between the and lighting are provided for access access handle and existing

1------a_nd_s_e_c_u_ri_ty~·----------____, dwelling to assist with noise 3. Major existing trees are retained and attenuation and privacy.

protected in a viable condition whenever practicable through Landscaping and tree removal appropriate siting of buildings, will be a matter for consideration

1--- a_cc_e_s_s_w_a_,_1y_s_a_n_d___._p_a_rk_i_n__,g'----a_r_e_a_s_. -------; at the ti me future development is 4. Paving is applied sparingly and proposed.

integrated in the landscape design. Complies/Not applicable

PO 7.7-18 PLANNING OUTCOMES - COMMENT STORMWATER 1. On-site drainage systems are designed The proposed subdivision will not

to consider: create a significant burden on - downstream capacity and the need for Council's existing stormwater

on-site stormwater retention, detention infrastructure. and re-use;

- scope for on-site infiltration of water; The cumulative impacts of the - safety and convenience of pedestrians proposed subdivision will not

and vehicles; increase stormwater runoff above - overland-flow paths. normal residential levels.

2. Provision is made for on-site drainage All stormwater will be conveyed which does not cause damage or to Council's stormwater system nuisance flows to adjoining properties. located in Warrendine Street.

Complies



PO 7.7-19 PLANNING OUTCOMES - EROSION AND SEDIMENT CONTROL

COMMENT

1. Measures implemented during construction to ensure that the landform is stabilised and erosion is controlled.

Consent is sought for subdivision only.

Appropriate erosion and sediment controls measures will be in place where trenching is required for the laying of services. Com lies

Infill Guidelines

OBJECTIVES COMMENT

The proposed subdivision will not impact or alter the visual setting or character of the Glenroi Heritage Conservation Area.

1. Retention of appropriate visual setting Potential future impacts of visual (Article 8 Surra Charter). setting will be required to

conform with the heritage conservation principles of the area. Complies

2. To ensure new buildings respond to No buildings are proposed as and enhance the character and part of this development appearance of the streetscapes of the application. Herltaqe Conservation Areas. Not applicable

The subdivision does not involve

3. To ensure contributory heritage items the erection, demolition or

retain their prominence and are not alteration of any buildings.

dominated by new development within The subdivision will not a Heritage Conservation Area and do compromise the heritage values not compromise the heritage values of of the Glenroi Heritage the existing area. Conservation Area.

Complies No buildings are proposed as part of this development

4. To ensure new buildings do not application. adversely affect the significance, character or appearance of the The impact of future Heritage Conservation Area or heritage development upon the items. significance, character and

appearance of the Heritage Conservation Area will be a



• matter for consideration at the time that future development is proposed. Not annlicable The proposed subdivision is not

5. To allow for reasonable change within contrary to the Heritage Conservation Area. Noting there

a Heritage Conservation Area while are other subdivisions of this ensuring all other heritage objectives nature located in the immediate are met. vicinity of the proposal.

Complies

6. To ensure new development facilitates Development consent is sought

the retention of significant vegetation for subdivision only. Vegetation removal will be a matter for

that contributes to the tree canopy, consideration at the time future especially within the Central Orange development is proposed. Heritage Conservation Area. Como lies.

3.5 MATTERS PRESCRIBED BY THE REGULATIONS

Clause 92 of the Environmental Planning and Assessment Regulations 2000 prescribes certain matters that must be considered by Council in determining a development application.

There are no relevant prescribed matters that apply to the proposal.

3.6 POTENTIAL IMPACTS OF THE DEVELOPMENT

Due to the minor nature of the development, traffic levels are not anticipated to increase above normal residential levels.

The proposed subdivision will not adversely impact the water quality in the locality.

The development is unlikely to generate adverse ecological impacts based on the following:

• Habitat and biodiversity potential are low; • The land is not affected by watercourses; • The development is separated from any areas with biodiversity

significance; • The proposal does not trigger Part 7 of the Biodiversity Conservation Act

2016; and • The proposal does not trigger Part 7A of the Fisheries Management Act

1994.



It is anticipated that as a result of this subdivision, future development within the • lots is likely to increase the impervious area of the site. This is unlikely to impact the water quality of locality. The impact of future development on water quality will be a matter for consideration at the time future development is proposed.

The development has the potential to create positive social and economic effects through future development that is permissible in the range of uses in the Rl General Residential zone. These effects will be a matter of consideration for future development.

Due to the relative minor nature of the development, the economic and social impacts are considered to be minimal.

3.7 SUITABILITY OF THE SITE FOR THE DEVELOPMENT

The proposed subdivision is consistent with the Orange Local Environmental Plan 2011 and Orange City Council's Development Control Plan 2004. The suitability of the site has been addressed in the above sections of this report.

There are no planning or environmental concerns surrounding this development that would warrant refusal.

3.8 THE PUBLIC INTEREST

The proposed development is considered to be only of minor interest to the wider public.



4.0 SUMMARY • The proposed lots are to be used for the variety of uses permitted in the Rl General Residential zone. A subdivision of this nature is permissible in the zone and the creation of an additional lot is unlikely to generate any impacts that would adversely affect the natural and built environment in the locality.

The subdivision is consistent with objectives of the Rl General Residential zone. The proposal will not create significant impacts on the context and setting of the area. It is also considered to be consistent with the current and future residential amenity of the area.

The proposed subdivision will not significantly alter the visual amenity of the area. The development will not compromise any views or vistas that are present in the Heritage Conservation Area. There are other subdivisions of this nature located in the immediate vicinity of the proposal. The development, however, will allow for a range of uses permissible in the Rl General Residential zone to occur on the development site.

The potential impacts of future development within the proposed lots will require consideration on a case by case basis and will be subject to the relevant provisions of Orange City Council's Development Control Plan 2004.

The proposed subdivision should be supported on the following grounds:

• The development is compliant and permissible with the relevant provisions of the Orange Local Environmental Plan 2011.

• The development is consistent with the relevant planning outcomes of the Orange City Council Development Control Plan 2004.

• The proposal is considered to be satisfactory in regard to Section 4. 15 of the Environmental Planning and Assessment Act 1979.

• The potential impacts of the subdivision are considered to be minor and can be managed appropriately through Conditions of Consent.

• There are no planning or environmental concerns surrounding this development that would warrant refusal.

Yours faithfully,

Andrew Saunders Saunders and Staniforth Valuers Property and Planning Consultants


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