planning department managers report · 2015-07-01 · planning department . managers report ....

B: 1 PLANNING DEPARTMENT MANAGERS REPORT Kristy Cousins 1. SAUNDERS FAMILY TRUST – LOT 132 DP 107296, 64 GREY STREET,

CLARENCE TOWN. DA 95/2013

Development Application No. 95/2013 Owner: The Saunders Family Trust Applicant: The Saunders Family Trust C/ Perception

Planning Land: Lot 132 DP 107296, 64 Grey Street Clarence

Town Current Zone: 3(a) Business Proposed Zone: B2 – Local Centre Area: 3146 sqm Proposal: - Stage 1 – Bakery & associated civil works

- Stage 2 – Mechanical repair workshop & associated civil works. Demolition of the existing mechanical workshop. - Stage 3 – Rural Produce Store & associated civil works - Stage 4 – Commercial /retail premises & associated civil works. - 5 Lot Strata Subdivision.

********* Précis: The applicant has requested approval for a staged consent under the terms of the Environmental Planning & Assessment Act 1979 for the construction of a Bakery, retail space, mechanical repair workshop, rural produce store, demolition of some existing infrastructure and a 5 Lot Strata Subdivision. SUBJECT SITE The subject property is located at 64 Grey Street Clarence Town and is 3146 sqm in area. The property is an irregular shape which currently contains a brick & colourbond building, galvanised workshop, small shed and associated infrastructure. The property falls within the zoned Clarence Town Business District and heritage conservation area. The property is relatively flat with a gradual fall from the rear boundary to the street frontage. The frontage of the site does not currently have kerb and gutter, but is serviced with reticulated water and sewer, electricity and telecommunication services. Whilst the property falls within the commercial district, it is currently surrounded by properties used for residential purposes.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 19 November 2013 commencing 6.00pm.

B: 2 As can be seen in Figure 1 below the allotments fronting Durham Street the buildings area located close to the street frontage providing a significant set back from the proposed rural produce store. With regards to the properties fronting Duke and Grey Streets the dwellings tend to be located towards the front or middle of the allotments, with a number of the properties having a garage/shed in the backyard adjacent to the proposed development site.

Figure 1 – Subject property and surrounding area. Source: Google Maps BACKGROUND The owner previously obtained consent for a similar development at the May 2013 Ordinary Council Meeting however it did not include the staging or Strata Subdivision component. The applicant states that the reason a new DA has been lodged instead of a Section 96 modification of consent is due to limitations of the EP & A Act and applicable case law with respect to what constitutes substantially the same development. DA 95/2013 was lodged with the same plans and Statement of Environmental Effects, with a cover letter detailing the proposed changes/additions to the proposal. Below is a description of the proposed development and amendments requested by the applicant. PROPOSAL The proposal is for a multi unit commercial development to be undertaken over 4 stages as follows: Stage 1 – Alterations and additions to the existing commercial premises at the front of the property for use as a bakery. Stage 2 - Construction of 4 bay Mechanical Repair workshop with wash bay, office and amenities. The existing KRH signage is to be relocated to the new building. Demolition of the existing Mechanical workshop is also to occur in Stage 2. Stage 3 - Construction of a rural produce store with drive through facility, office and staff amenities. Stage 4 - Construction of a new two tenancy commercial development at the front of the property adjacent to the proposed bakery.


B: 3 The above stages will require associated civil works. The proposal also now includes a Five Lot Strata Subdivision as follows: Lot 1 - Bakery Lot 2 – Workshop Lot 3 – Rural Produce Store Lot 4 – Commercial premises Lot 5 – Common property/strata Land The Strata subdivision will enable future tenancies to be developed, occupied and sold separately. The development will also require the construction of associated infrastructure such as driveway access, off street car parking, kerb & gutter with appropriate line marking on Grey Street, landscaping and fencing. Differences to previously approved DA for the site A similar development was approved by Council subject to conditions of consent in May 2013. The applicant has applied for the staging of the development as detailed above as well as seeking consideration for changes to two aspects of that approval:

1. Acoustic / timber Fencing. The applicant has requested that the condition requiring a timber cap and lap fence around the site be amended to consist of a range of different materials and designs. This has been requested as colourbond fencing exists around the majority of the perimeter of the site except for along the southern boundary.

2. Section 94 Contributions Request a reduction in the Section 94 Contributions in line with the previously adopted reduction of 33%, as well as requesting that these contributions be paid prior to issue of Occupation Certificate rather than prior to issue of Construction Certificate. These differences are addressed further within the body of this report.

A plan showing the proposed development is provided in Annexure ‘A’. Council officers have now undertaken an assessment of the application in accordance with the Environmental Planning and Assessment Act, 1979 (EP&A Act) and recommend that Council approve the development application. STATUTORY CONSIDERATIONS PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79(c)(1) of the Environmental Planning and Assessment Act 1979 as follows: a) The provisions of:

(i) any environmental planning instrument; State Environmental Planning Policy 55 – Remediation of Land The aim of this policy is to provide a state-wide planning approach to the remediation of contaminated land and to promote the remediation of contaminated land for the purpose of reducing risk of harm to human health or any other aspect of the environment.


B: 40

ANNEXURE ‘A’ TO ITEM NO. 1

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 19 November

2013 commencing 6.00pm.

B: 41


lbrighton.dunFile AttachmentMP 1 A.pdf

B: 4 A consent authority must not consent to the carrying out of any 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.

This property has previously had a contamination assessment undertaken for a Development Application to construct a child care centre (which did not proceed). The site had been tested for contamination which has indicated that the site was suitable for residential purposes. The site has since been used as a mechanical repair workshop which does have the potential for contamination. Given the nature of the existing use, the likelihood is for surface contamination only which is considered low risk. The establishment of large hardstand areas, is such that it is likely to cap any potential contamination should it have occurred through storage and activities on site. The proposed development of the site is therefore considered to be appropriate for commercial/ non residential purposes. Dungog Local Environmental Plan 2006 The subject land is zoned 3(a) Business under the Dungog Local Environmental Plan 2006 (LEP 2006).

Dungog Local Environmental Plan 2006 1. The site is zoned 3(a) Business

under LEP 2006.

The proposed development, due to the variety of uses proposed falls under a number of definitions as follows: "automotive services" means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, and other petroleum products, whether or not the building or place is also used for the purpose of any one or more of the following:

(a) the sale by retail of spare parts and accessories for motor vehicles, (b) washing and greasing of motor vehicles, (c) installation of accessories, (d) repairing and servicing of motor vehicles.

“commercial premises" means a building or place used as an office or for other business or commercial purposes, but (in the Table to clause 23) does not include a building or place elsewhere specifically defined in this Dictionary or a building or place used for a purpose elsewhere specifically defined in this Dictionary. "demolition", in relation to a building or work, means the damaging, defacing, destruction, pulling down or removal of that building or work, in whole or in part. "shop" means a building or place used for the purpose of selling by retail or hiring, or the display for the purpose of selling or hiring, of items (whether goods or materials), and includes a bulky goods sales room or showroom, but not farm gate sales.


B: 5 2. Clause 16 of LEP 2006 sets out the

objectives of the Business 3(a) zone. (a) provide for the focus and consolidation of retail and business development in accessible locations primarily serving the local community, and (b) allow for tourism, recreation and administrative activities which serve the wider community, and (c) encourage and guide mixed-use development within settlements, to maximise economic, social and environmental benefits while minimising land use conflict from different uses.

a) The proposal is consistent with this objective. It provides for a range of uses within the identified commercial district of Clarence Town b) The proposal does not include any tourism, recreation and administrative activities. c) The proposal provides for mixed use whilst demonstrating that is it compatible with the surrounding development.

3. Clause 23 General Zoning Controls for the 3(a) zone are:

Zones Development for the

purpose of: 3 (a)

Advertisements c Automotive services c Commercial premises c Demolition c Shops c

The proposed development is permissible with consent under the provisions of this clause

4. Clause 25 of LEP 2006 relates to granting consent for development on land within a heritage conservation area.

The proposed development has been assessed by Council’s Heritage Advisor who concluded that the proposed development does not pose any unreasonable heritage impact on the Clarence Town Heritage Conservation Area and recommends approval subject to conditions. The assessment is detailed further within this report.

5. Clause 28 of the LEP 2006 relates to Subdivision of land.

Clause 28(1) states “Land to which this plan applies may be subdivided, but only with development consent”. There are no minimum lot sizes prescribed in the 3(a) business zone.

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved),

The subject land is proposed to be zoned B2 Local Centre under the draft Dungog LEP 2013.

Zone B2 Local Centre 1 Objectives of zone • To provide a range of retail, business, entertainment and community uses that serve the

needs of people who live in, work in and visit the local area. • To encourage employment opportunities in accessible locations. • To maximise public transport patronage and encourage walking and cycling.


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B: 6 2 Permitted without consent Home occupations; Roads. 3 Permitted with consent Boarding houses; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Self storage units; Seniors housing; Service stations; Shop top housing; Tourist and visitor accommodation; Any development not specified in item 2 or 4. 4 Prohibited Agriculture; Air transport facilities; Airstrips; Animal boarding and training establishments; Boat building and repair facilities; Camping grounds; Caravan parks; Correctional centres; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Heavy industrial storage establishments; Home occupations (sex services); Industrial training facilities; Industries; Marinas; Mooring pens; Moorings; Open cut mining; Port facilities; Rural industries; Rural worker’s dwellings; Sex services premises; Storage premises; Waste or resource management facilities. The proposal is consistent with the objectives of the zones, in particular it provides for a wide range of developments to service the local area. The proposed development is permissible with consent in the B2 Local Centre zone under the draft LEP 2013. (iii) any development control plan Dungog Development Control Plan No. 1 Dungog Development Control Plan No. 1 (DCP No. 1) complements LEP 2006 and sets out Council’s policies in respect of certain types of development within the Shire, together with detailed guidelines intended to assist in achieving the aims and objectives of LEP 2006. The relevant sections of DCP No. 1 are listed below. Part C - General ß Section 3 – sets out the general requirements for building line setbacks. Within the 3(a) Business zone there are no prescribed setback distances, it is determined by Council as a site specific assessment. The existing building which is to be converted to a bakery is currently located on the northern boundary, however this is an existing structure. The new mechanical workshop is 3m from the northern boundary, which is consistent with the setbacks required in the industrial zones. The proposed rural produce store is proposed to be 4.4m from the northern boundary, 1.7m from the southern boundary and 10.7m from the western boundary. The proposed setbacks are considered appropriate within the business zone, it is however noted that this proposal is adjacent to a residential area so appropriate setbacks are important to reduce the potential noise and visual impacts of the proposed development. Further information in the form of an acoustic assessment was provided to address the noise issues, and it was determined that the proposed setbacks were considered suitable. ß Section 20 – Off Street Parking Council has previously supported a variation to the off street parking DCP in respect of this proposal and permitted the development to proceed with 25 car spaces which includes 6 spaces on Grey Street. To ensure that each stage of the development has adequate car parking spaces the following will be required for each stage of the development:


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B: 7 Stage 1 – Minimum of six (6) spaces provided as angled parking on Grey Street. Stage 2 – Minimum of eight (8) spaces on site including one (1) space for disabled persons. Stage 3 – Minimum of eleven (11) spaces on site. The applicant submitted an amended staging plan which complies with these requirements and therefore deemed to be satisfactory. ß Section 22 – Signage C 22 – Signage. It is proposed to relocate the existing approved KRH signage (which is approximately 2m x 1.5m) to the proposed new mechanical workshop, however the plans do not indicate where on the new building it will be located. The mechanical workshop is situated approximately 20m off Grey Street and will only be partially visible from Grey Street. The signage is currently in a more prominent location on the existing building, its relocation to a building within the site is not considered significant and therefore considered reasonable to be approved as part of this application. The applicant suggests that additional signage for the Bakery, Rural Produce Store and Commercial/retail will be incorporated into the façade of the building that will clearly identify the business operating on the premises. As all signage will be incorporated into the façade, minimal maintenance will be required, with little opportunity for vandalism. The applicant however has not provided details on the location or size of any future signage. Any additional signage is therefore subject to separate approval and will be assessed at that stage. The heritage advisor has recommended that “external signage for business identification being submitted for approval to council and is to be subtle and sympathetic to the heritage conservation area.” This has been incorporated into an advice on the consent. (iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F”, There are no relevant planning agreements applicable. (iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), that apply to the land to which the development application relates” National Construction Code (NCC). The National Construction Code is a relevant regulation applicable to the development. The development is required to comply with such. Section 94 Contributions Plan The applicant has requested the “Council consider constructing the consent so that the section 94 contributions are applicable prior to occupation certificate. This would greatly assist in enabling this development to proceed, in such that whilst Council ultimately get the section 94 contributions before occupation occurs, it will assist the proponent in the delivery of the project. In our experience, a number of local Councils are now doing this on a merit basis to provide an enabling role to appropriate and important community developments such as this. Further, in addition to the section 94 contributions, we request that Council reduce these contributions in line with its reduction in the Clarence Town catchment…. We request that Council reduce the section 94 contributions for this development consistent in line with the recent reductions. This would be in order of a reduction from $28,000 to $18,700.”


B: 8 Planners Response: The applicant was advised that the Section 94 originally calculated was already at the discounted rate after which Perception Planning advised that they were no longer seeking any changes to the Section 94 contributions rate. It is noted however, that the section 94 Contributions plan has been subject to two quarterly CPI adjustments to the discounted rate since the previous consent, therefore for this application – DA 95/2013 the Section 94 Contribution is calculated as follows:

$239.19 x 120 = $28,702.80.

Section 2.10 of the Section 94 Contributions Plan states that “for development applications involving building works, payment to be made prior to the issue of a Construction Certificate”. The applicant has requested that Council consider the payment of Section 94 Contributions at prior to release of Occupation Certificate rather than prior to release of Construction Certificate. The Section 94 plan does allow for Council to make arrangements for deferred or periodic payments. Council is not supportive of payment of Section 94 Contributions prior to the release of Occupation Certificate as this has proven to lead to some administrative difficulties in securing the final payment of Section 94 funds. The non payment of contributions has the potential to impact on Council’s ability to implement the works within the Contributions Plan. If approved this would set a precedence for other developments which require the payment of Section 94 Contributions, and there has been no information provided on whether this will impact on the efficiency and operation of the Plan or whether it will adversely affect the works schedule. Council is prepared to stage the Section 94 Contributions to assist in facilitating the delivery of the development. The following payment is recommended rate for each stage which will be required to be paid prior to release of Construction Certificate: Stage 1 – 40 vehicle movements = $ 9567.60 Stage 2 – 15 vehicle movements = $ 3587.85 Stage 3 – 40 vehicle movements = $ 9567.60 Stage 4 – 25 vehicle movements = $ 5979.75 (b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality The key environmental issues associated with the proposed development are discussed in detail below. 1. Noise The applicant was required to submit an acoustic assessment to demonstrate that the proposal would not generate significant noise impacts on surrounding properties. The following is the Environmental Services Manager assessment of the acoustic assessment submitted to Council: “The acoustic report provides the expected noise impacts on neighbouring properties from the various usages proposed. Of concern to Council are the following issues-

A. Intrusive noise from mechanical ventilation from the bakery The report provides the expected sound pressure levels to nearby residential receptors from mechanical exhaust hoods and air-conditioning installed in a certain location with a maximum


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B: 9 sound output. As these may be operating from 4.00 am, the night time intrusiveness criteria of 37dB(A) applies. This criteria is calculated by adding 5dB(A) to the rating background Level which is considered to be 32dB(A). Of concern is that the predicted Received Sound Levels for two nearby properties exceeds the background noise level and that no adjustment to the Intrusiveness criteria has been made due to the tonal nature of the mechanical exhaust or air-conditioning noise. For tonal noises, a correction of 5dB(A) may be applied as described in the Industrial Noise Policy. The results show that at 4.00 am in the morning, the noise from the mechanical ventilation and air-conditioning from the bakery will be audible and potentially annoying to residents of – 66 Grey Street - received Sound Level 34.4 dB(A) – Background level 32dB(A) 62 Grey Street - received Sound Level 35 dB(A) – Background level 32dB(A) It is my opinion however that the mechanical ventilation systems can be further acoustically treated to achieve the desired noise reduction. These systems have not been selected as yet and should be the subject of further acoustic consideration. Council should stipulate the Received noise levels at any residential premises should not exceed the background level at any frequency at any time. This can be conditioned. B. Hours of operation. It is noted that the following hours of operation are proposed – Mechanical Workshop 7.00 am – 7.00 pm – Monday to Friday 7.00 am – 4.00 pm – Saturday and Sunday Bakery 6.00 am – 3.30 pm Monday- Friday (baking from 4.00 am) 6.00 am – 1.00 pm Saturday- Sunday (baking from 4.00 am) Produce Store 7.00 am – 6.00 pm Monday to Sunday From a potential noise impact viewpoint, the hours of operation seem excessive with all three components of the development operating 7 days per week. The most prominent noise sources from this development would be noise from power tools and vehicles revving within the mechanical repair shop and noise from mechanical exhaust from the bakery. It is accepted that it is appropriate for the bakery, providing a food and refreshment service to Clarence Town, to operate 7 days per week and that the dominant noise impact of the mechanical ventilation system can be addressed by conditioning the consent. Whilst the need for the produce store to operate 7 days is unclear, the noise impacts from this are negligible, however the hours of operation should be made consistent with the objectives of the Protection of the Environment Operations Act (Noise control) Regulation. Noise impacts from the mechanical repair shop are more predominant and the reasoning behind a 7 day operation for this component is less apparent. If once operating, noise from power tools and vehicles etc become a nuisance to nearby residents, then there would be


B: 10 potentially no respite from this on any day for neighbours. It is noted that some concerns over hours of operation have been received during the exhibition period. Whilst the acoustic report does not forecast unreasonable noise impacts from the produce store and mechanical workshop, the proximity of these to a residential area would dictate that the hours of operation should be controlled in order to address community expectations and amenity issues which are not necessarily considered in a noise assessment. Council may apply conditions in this regard on balance having regard to the public interest associated with the development. It is therefore considered that the mechanical workshop should not be permitted to operate on Sundays and Public Holidays. This would be a common condition applied to such operations in non industrial areas. The produce store should be limited to hours of operation of 7.00 am - 7.00 pm Monday to Saturday and 8.00 am – 1.00 pm Sunday. This is because noise impacts from this component are less apparent. The Bakery should be permitted to operate at the proposed hours as a food service to the community.” At the May Ordinary Meeting Council determined to restrict these operating hours to consider amenity issues and respond to some of the objections. It is considered appropriate from a consistency perspective to apply the previously adopted hours of operation to this consent also, therefore the following will be conditioned: The following hours of operation shall apply to the respective elements of the development-

Bakery Monday to Friday - 6.00 am - 3.30 pm Saturday to Sunday - 6.00 am -1.00 pm Baking may occur from 4.00 am

Produce Store Monday to Saturday - 7.00 am – 5.30 pm Sunday - 8.00 am - 12.00 noon

Mechanical Workshop Monday to Saturday – 7.00 am – 5.30 pm No operations on Sundays and Public Holidays

Commercial/Retail outlets Monday to Saturday – 9am – 5pm Sunday and Public Holidays – 10am – 4pm 2. Heritage The property falls within the Clarence Town Heritage Conservation Area and is subject to the guidelines and provisions of the Dungog Heritage Development Control Plan. The following is Council’s Heritage Advisors assessment of the proposed development: “This assessment of heritage impact is made pursuant to Clause 25 of the Dungog Local Environmental Plan 2006. The proposed use is permissible in the zone which is 3 (a). The setting within the immediate vicinity is comprised of scattered development and open yards with hipped roof forms and weatherboard construction. In addition there are 2 heritage items of local significance. These are located 200m and 250m from the site of the


B: 11 development proposal, respectively. The Statement of Environmental Effects observes that views and vistas of the heritage items will not be affected or obscured by the development. The report also concludes that the setback of the proposed development is consistent with those in the vicinity. In terms of the potential heritage impacts arising from the development the reports observes: “With the exception of the bakery, and retail spaces, the buildings are separated by sufficient distance to read as distinctly separate masses, which is consistent with the local built forms where multiple separate buildings are clustered together on one site. The largest building has been positioned at the rear of the site to reduce its visual impact.” Heritage Advisors Recommendation The DA does not pose any unreasonable heritage impact on the Clarence Town Heritage Conservation Area and is recommended for approval subject to the conditions below: 1. Details of external colours and finishes being submitted to the satisfaction of council; 2. External signage for business identification being submitted for approval to council

and is to be subtle and sympathetic to the heritage conservation area. Subsequent to this heritage assessment the acoustic assessment recommended that an acoustic fence 1.8m high be erected along the north, south and western boundaries to minimise noise impacts. The acoustic report recommends “The acoustic fence may be of masonry construction, lapped and capped timber or ColourbondTM panel. Existing fencing may be used if it is of adequate height and construction and may be extended in height with fibre cement or steel sheet, as necessary to achieve the overall height requirement." In response to this recommendation Council’s Heritage Advisor advised that given the context of the street and surrounding development, there are no concerns in principle to the acoustic fencing.. However she suggests that the fencing should be a hardwood timber lapped and capped fence as this would make the best fit in the heritage conservation area. Masonry construction also is acceptable, but extending the existing fencing is not the favoured option. Applicants Request: The previous DA approval conditioned a timber cap and lap fence 1.8m high around the north, south and eastern boundaries. The applicant has requested that Council considered amending this condition to allow for a range of different materials and heights around the site. Stating ”The applicant/owner is committed to reducing any adverse noise impacts on surrounding properties, hence will strictly abide by the noise requirements on the previous consent/trading hours. However, it is the view of our acoustic expert that a timber fence over and above the existing colourbond fence will do little to mitigate/absorb noise from the property – hence their recommendation that the fence could consist of a range of different materials and designs. We note that the Council Officers Report submitted to Council did not specifically recommend or indicate the imposition of a timber fence in the assessment comments of the report from an acoustic perspective. It is far more practical, in our view, to leave the existing colourbond fence in place, that is in good order. In particular, on the basis there is no documentary or scientific evidence to indicate that an acoustic fence, in this instance and noise specific scenario, will have any favourable impact nor is a requirement for such. From a heritage aspect given the existing colourbond fence is the side boundaries and not the more prominent front boundary, there is no legitimate heritage reason for the side and rear boundaries to be timber. Whilst in a conservation zone theoretically, a visual inspection quickly determines that the integrity of the precinct has already been compromised of which a timber fence will do little to rectify.”


B: 12 The applicant has advised that “The existing northern and western boundary fencing is proposed to remain. The fencing is 1.8m steel, colourbond equivalent. Where necessary, masonry hobs will be installed to provide a maximum 20mm gap between the ground and fence. To satisfy Council's concerns, our client is satisfied with an appropriate conditions of consent to require the existing fencing to be compliant with the recommendations. The full southern boundary is proposed to be new 1.8 m colourbond fencing, consistent in design with the acoustic report recommendation. This outcome has been discussed with the subject neighbour and is the most desirable fencing for both parties.” Planners Comment: It is noted that the acoustic assessment identifies that either colourbond, timber cap and lap or masonry construction is satisfactory for noise attenuation purposes. The fencing on the northern boundary adjacent the proposed bakery on the northern boundary complies with the 1.8m high standard required in the RCA Acoustic report. The air conditioning unit and mechanical ventilation system within the proposed bakery will be required to be installed and operated in accordance with the RCA acoustic report. Therefore in this regard there will be no additional fencing requirement for stage 1 of the proposal. There is an assortment of fencing heights and materials currently along the northern boundary of the site adjacent to the residential allotments facing Duke Street. These fences have obviously been installed by the residential property owners, some of the fencing is in excess of the 1.8m high requirement, however there is a section which measures at approximately 1.65m high. Fencing along the eastern boundary has an approximate height of 1.64m and therefore does not comply with the required standard nominated in the acoustic report. (See Annexure ‘B’ for existing fencing photos) Stage 2 comprises the erection of the mechanical workshop and associated driveways and parking areas. This stage has the potential to generate noise which may impact on adjoining properties; in this regard it is considered appropriate to require the installation of a new uniform solid 1.8m high fence around the remaining perimeter of the site to ensure that no parties are unduly impacted. The completion of the fencing at stage 2 will assist in managing future construction impacts such as noise and dust during the erection of the rural produce store. In addition a consistent fencing style will improve the aesthetics within the site. 3. Visual Impact Within Clarence Town this is considered to be a large scale development, with the introduction of 4 commercial businesses that cover the majority of the site. Due to the nature of the allotment shape, the visual impact from the street will be minimal, with only a small portion of the rural produce store visible from the street and the mechanical workshop to be located behind the commercial buildings. As can be seen in Figure 1 of this report the surrounding dwellings on neighbouring properties along the Durham Road frontage are considerably set back from the proposed rural produce store at the rear of the property. The development will be visible from the properties fronting Duke Street, however the potential impact is reduced by the configuration of the existing buildings on these lots all containing a shed/garage at the rear of the property which takes up a portion of the backyard adjacent the proposed development. This will provide some buffer to the proposed development from the rear of the adjacent properties. The removal of the existing shed/mechanical workshop and replacement with a sympathetic building to match in with the existing brick building will create an improved street frontage. The proposed buildings comply with Council’s building height plane and will not create significant overshadowing on neighbouring properties.


B: 42

ANNEXURE ‘B’ TO ITEM NO. 1

Fence along the northern boundary at the rear of the subject property.


B: 43

Fencing along the northern boundary where it goes from approx 1.8m to approx. 1.5m high.

Fencing along the eastern boundary at the rear of the subject property.


lbrighton.dunFile AttachmentMP 1 B.pdf

B: 13 4. Natural Environment The proposed buildings will have minimal impact on the natural environment, with further approval required prior to any construction works. This process would ensure that the appropriate measures are installed such as sediment and erosion control and stormwater disposal and management. The applicant is responsible for connection to sewer and water as well as trade waste agreement with Hunter Water. 5. Economic Impact The proposal will have a positive economic impact by providing for additional businesses on an existing commercial property. This will provide for additional employment in the area during construction as well as during operation of the new businesses. (c) the suitability of the site for the development The proposed development is considered to be suitable for the site, as it is permissible within the zone and consistent with the objectives of the zone. It is considered that with appropriate conditions the impacts on surrounding properties can be mitigated to an appropriate level. (d) any submissions made in accordance with this Act or the regulations The development application was placed on exhibition for public comment from the 21 August 2013 to 5 September 2013 in accordance with Council’s requirements. During the exhibition period 3 submissions were received. 1 submission was received after the close of the exhibition period, which along with the other 3 submissions have been provided for the Councillors information as Attachment ‘1’. The following is a summary of the relevant issues raised and Council’s assessment. The late submission raises some similar points that are addressed in response to the other objection letters but also contains emotive comments and presumptions which have not been addressed as part of this report.

1. Concern that there was no drainage diagram on exhibition, there are existing issues with Surface Water Runoff onto neighbouring properties.

Comment: The applicant has submitted a drainage plan for the proposed development. Council’s development engineer has assessed the proposal and found that whilst the site is quite flat, based upon the site levels and detail shown on the drainage plan, the site can be drained to Grey Street. On site detention of stormwater will be required as well as a gross pollutant trap to receive and treat site water prior to discharge. The applicant has provided details showing how on site detention will be provided with each stage of the development. Further detailed plans and calculations will be required prior to issue of the Construction Certificate for each stage. Council staff have recommended a condition of consent requiring detailed drainage design plans including requiring an upright kerb to ensure stormwater is not directed onto adjoining land.

2. Noise levels from vehicles and people accessing the development. Also the noise

from the workers who will be accessing the bakery outside the opening hours. Concern is also raised over when the employees will arrive and leave for work at the KRH Workshop and the Rural Produce Store. The DA makes reference to the requirement for businesses to have “extended hours during peak work load periods”, there is no mention of what those hours will be. The use of an air compressor and a forklift will generate a piercing noise and over a long period can cause distress. The construction phase will also generate excessive noise. No apparent noise abatement measures have been proposed.


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B: 14 Comment: Potential noise impacts are acknowledged to be the main concern as a result of the proposed development. Therefore an acoustic assessment was required by Council to adequately assess the potential noise impacts. A detailed assessment of the acoustic assessment can be found in the body of this report under the Environmental Impacts heading. It was found that subject to conditions of consent, including reduced hours of operation and appropriate fencing surrounding the development on the north, south and western boundaries, noise impacts would be of an acceptable level.

3. 7 day trading hours will affect the way of life for the existing residents. The application talks about extended trading hours during peak work load periods, but don’t not mention what this will entail. The DA fails to acknowledge the previously conditioned hours of operation.

Comment: The business currently operating from the site is permitted to operate 7 days a week. It is appropriate for some commercial developments in a commercial zone to be open 7 days a week, but as detailed in the report it is recommended that the hours of operation be regulated in this instance to minimise the impact on surrounding residential properties. These restricted hours of operation will be a condition of consent.

4. The DA fails to address Vermin Control from the Bakery and Rural Produce Store. Comment: The bakery and the rural produce store will be required to undertake vermin control activities to ensure that adequate vermin control is achieved. The applicant has indicated that they would be willing to have a condition be placed on the consent requiring a vermin control plan to be submitted to Council for approval prior to the operation of the bakery and rural produce store. It is worth noting however that the operations of the bakery with respect to the handling, storage and processing of food is subject to the Food Act 2003.

5. Ambiguity in the application, there is no continuity in the documentation presented. The applicant hasn’t mentioned or actioned many of the Council recommendations that were placed on a similar DA.

Comment: The applicant submitted the previous DA applications Statement of Environmental Effects and Plans, with a covering letter explaining the proposed changes being sought in the new DA application. The applicant in the covering letter has essentially agreed to all the previous conditions of DA 137/2012 placed on the consent except the fencing and section 94 as detailed in this report. The format of the application for DA 95/2013 and its lodgement only a number of months after the original approval was granted has obviously created some confusion for the public in respect of the proposed development. 6. Concerns relating to site security and inappropriate behaviour after business hours. Comment: Though it has not been stipulated in the DA documentation it is anticipated that the driveway servicing the developments at the rear of the site will be secured via some form of barrier/gate when the businesses are not in operation. A condition requiring the securing of the site after hours will be placed on any development consent.

7. Air pollution from the generated dust, pollen, vehicle exhaust and noise, has not been addressed. Comment: The proposed vehicle access will be required to be of a sealed construction to ensure that there is no additional dust generated from the development and noise impacts are minimised. The acoustic assessment does consider the potential impacts from vehicles and it was found to be satisfactory, subject to conditions.

8. The proposed car park spaces are inadequate for the proposed development.


B: 15 Comment: The application has sought a variation to the off street parking Development Control Plan No 1 off street parking requirements on the basis that the Rural Produce Store was not adequately provided for within the definitions of the plan. Council’s Engineer has assessed the proposal and determined that 25 spaces would be adequate to service the proposed development. Additional on street parking is available in peak times.

9. The site is surrounded by single storey residence, many occupied by retired people who were attracted to Clarence Town by it quiet and peaceful environment. There will only be minimal increased local employment and duplication of existing produce sales outlet in Clarence Town are unjustified. No assessment of public interest has been made.

Comment: The property is located within the commercially zoned district, and is currently surrounded by a residential zone with existing single storey residential development on the adjoining properties. It is important to find the balance between encouraging new businesses and commercial development within Clarence Town and maintaining the residential amenity currently enjoyed. Council cannot be anti competitive when assessing applications and restrict certain types of land use purely on the basis that a similar establishment exists. With appropriate conditioning it is considered that the commercial and residential land uses can co-exist. Council has given due consideration to the private objections in this case however the proposal is not considered to be contrary to the wider public interest.

10. The Dungog LEP 2006 does not contain a concise definition for the Produce Store

classification. Under the draft LEP 2013 ‘agricultural pursuits are prohibited in the B2 zoning.

Comment: The Dungog LEP 2006 only contains a specific definition for a small number of commercial uses and relies instead on the definition of ‘shop’ to enable a broad range of other non specified non commercial uses. The proposed rural produce store is defined as a shop and permissible with consent in the B2 zone. Under the draft LEP 2013 the Rural Produce Store falls under the definition of rural supplies which is a type of retail premises. Rural supplies are permissible with consent in the B2 zone.

11. A full soil analysis is required. The site has a history of being used as a blacksmiths shop, fuel outlet, mechanical repair facility and workshop.

Comment: This property has previously had a contamination assessment undertaken for a Development Application to construct a child care centre (which did not proceed). The site had been tested for contamination which has indicated that the site was suitable for residential purposes. The site has since been used as a mechanical repair workshop which does have the potential for contamination. Given the nature of the existing use, the likelihood is for surface contamination only which is considered low risk. The establishment of large hardstand areas, is such that it is likely to cap any potential contamination should it have occurred through storage and activities on site. The proposed development of the site is therefore considered to be appropriate for commercial/ non residential purposes.

12. No facilities or consideration has been allocated to provide individual easements for

drainage, parking, sewerage, water electricity services or pedestrian or vehicular access for each title.

Comment: Generally the above listed infrastructure will be contained within the common property of the Strata Subdivision. Any additional easements required will be identified at Subdivision Certificate stage and notated on the subdivision plan and administration sheet.


B: 16 13. The submission refers to a petition with over 130 signatures against the application.

Comment: Whilst Council was aware that a petition was circulated, there is no record of a petition against the development being submitted for Councils consideration.

14. The application incorrectly states that the site is not in a flood zone, refers to figure A-15, A-16, A-17 and A-18 within the Clarence Town Flood Study Final Report.

Comment: The figures referred to within the Clarence Town Flood Study are identified as the Probable Maximum Flood (PMF) levels. For the purposes of assessing the development application Council is required to look at the 1:100 year flood levels. The subject property is not affected by a 1:100 or 1:200 year flood event.

15. Access to Parking is inadequate for the amount of intended customers combined with existing staff, this will cause congestion. Consultation with the RTA is required and AS 2890.1-1993 needs to be complied with.

Comment: Council has assessed the proposed on and off street parking layout which will result in 25 additional spaces. This is considered adequate parking to cater for both the employees and customers for the proposed development. There was no statutory requirement to consult with the Roads and Maritime Service. SUMMARY The development proposed is similar to one approved at the May 2013 Ordinary Council Meeting. The applicant has proposed staging the development as well as requesting a couple of amendments to the previous approval as detailed in the report. The proposed development is generally consistent with relevant State, regional and local planning instruments and is considered to be a suitable use for the site. In addition, it is considered that any environmental impacts can be adequately managed through the imposition of appropriate consent conditions. Accordingly, the application is supported subject to appropriate conditions. RECOMMENDATION That DA 95/2013 for a multi unit commercial development at 64 Grey Street Clarence Town be approved subject to the following conditions: Prescribed Conditions (a) The work must be carried out in accordance with the requirements of the National

Construction Code of Australia. (b) In the case of residential building work for which the Home Building Act 1989 requires

there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

(c) A sign must be erected in a prominent position on any site on which building work,

subdivision work or demolition work is being carried out:

(i) showing the name, address and telephone number of the Principal Certifying Authority for the work, and

(ii) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(iii) stating that unauthorised entry to the work site is prohibited.


B: 17 Any such sign is to be maintained while the building work, subdivision work or

demolition work is being carried out, but must be removed when the work has been completed.

(d) Residential building work within the meaning of the Home Building Act 1989 must not

be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of the following information:

(i) in the case of work for which a principal contractor is required to be appointed:

a. the name and licence number of the principal contractor, and b. the name of the insurer by which the work is insured under Part 6 of that

Act,

(ii) in the case of work to be done by an owner-builder:

a. the name of the owner-builder, and b. if the owner-builder is required to hold an owner-builder permit under that

Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under (d) becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information.

(e) If the development involves an excavation that extends below the level of the base of

the footings of a building on adjoining land, the person having the benefit of the development consent must, at the

a. protect and support the adjoining premises from possible damage from

excavation, and b. where necessary, underpin the adjoining premises to prevent any such

damage.

This does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

(f) If the development requires a BASIX certificate, fulfilment of the commitments listed

in each relevant BASIX certificate. General 1. The development of Lot 132 DP 1077296, 64 Grey Street, Clarence Town being

carried out in accordance with the following information submitted with development application 137/2012, except as modified by the conditions of this consent:

(a) Plans Reference:

- Revelation Building Design – Drawing Number 1201279, Sheet A00 - Cover

Sheet, Revision H, dated 28/02/2013; - Revelation Building Design – Drawing Number 1201279, Sheet A01 – Existing /

Proposed Site / Landscaping Plan, Revision H, dated 28/02/2013;


B: 18 - Revelation Building Design – Drawing Number 1201279, Sheet A02 – Turning

Manoeuvre, Revision H, dated 28/02/2013; - Revelation Building Design – Drawing Number 1201279, Sheet A03 – Bakery

Floor Plan and Elevations, Revision H, dated 28/02/2013; - Revelation Building Design – Drawing Number 1201279, Sheet A04 – Workshop

Floor Plan and Elevations, Revision H, dated 28/02/2013; - Revelation Building Design – Drawing Number 1201279, Sheet A05 – Rural

Produce Store Floor Plan and Elevations, Revision H, dated 28/02/2013; - Revelation Building Design – Drawing Number 1201279, Sheet A06 – Rural

Produce Store and Workshop amenities, Revision H, dated 28/02/2013; - Thomas & Associates Consulting – Job Number 120179 – Sheet D01 – Revision

B, dated 13/12/2012; - Proposed Strata Subdivision Plan, 64 Grey Street, Clarence Town. Prepared by

Perception Planning, dated 1/08/2013;

- Proposed Staging Plan, 64 Grey Street, Clarence Town. Prepared by Perception Planning, dated 1/08/2013.

(b) Document Reference:

- Statement of Environmental Effects, prepared by Thomas & Associates

Consulting undated. Reference 120179 – Saunders – Clarence Town.

- Acoustic Assessment for Proposed Multi Unit Commercial Development prepared by RCA Acoustic. Reference 9747 401.1 Acoustic Assessment 64 Grey Street Clarence Town dated 1 May 2013.

- Statement of Environmental Effects cover page, prepared by Perception Planning dated 6/08/2013.

General Conditions for Stage 1.

2. The building shall NOT BE USED OR OCCUPIED until completed and the relevant conditions of consent have been complied with and an Occupation Certificate has been issued.

3. The development is to be designed, constructed and managed in accordance with the

recommendations contained in Section 8 of the Acoustic Assessment prepared by RCA Acoustics on 1st May 2013. Except as modified elsewhere in this consent.

4. Landscaping adjacent the proposed Bakery at the frontage of the property and to the

rear of the building shall be completed in accordance with the approved landscaping plan and shall be maintained in perpetuity by the existing or future owners and/or occupiers of the property. In this respect an Occupation Certificate will not be granted to the building until the landscaping is complete.

5. The development shall not interfere with the amenity of the locality by way of

emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste products, waste water, grit, oil or otherwise.

6. The following hours of operation shall apply to the respective elements of the

development-


B: 19 Bakery Monday to Friday - 6.00 am - 3.30 pm Saturday to Sunday - 6.00 am -1.00 pm Baking may occur from 4.00 am

7. The use of outdoor phone alarms, speakers or chimes is not permitted. 8. The proposed bakery mechanical exhaust system is to be designed and installed

under the supervision of an acoustic engineer. The design and acoustic assessment is to be submitted to Council for approval prior to installation. The design and installation is to ensure that the received noise level within a habitable room at any residential receiver does not exceed the background noise level at any frequency at any time.

9. For the purposes of hygiene, food safety and compliance with the Food Act 2003 and

Food (General) Regulation 2001, the construction and fitout of the food premises, including all equipment, fixtures and fittings, must comply with the requirements of the Food Standards Code (Food Safety Standard 3.2.3), Australian Standard AS 4674-2004 and the National Food Premises Code.

10. Notification details of the food business should be forwarded to the NSW Food

Authority before the commencement of operations, to comply with Food Safety Standard 3.2.2.

11. The bakery premise will be subject to regular inspections in accordance with council’s

food surveillance program. 12. The applicant shall ensure that arrangements are made for the Principal Certifying

Authority, Council or Private Certifier, to carry out STAGE INSPECTIONS indicated as follows in bold.

Request for inspections may be made either by telephone or in person.

Forty eight (48) hours notice must be given for inspections.

Applicants are required to nominate the relevant Construction Certificate Number and location prior to the inspection request being granted.

Note: STAGE INSPECTIONS are required to be carried out in order to ensure that an Occupation/Subdivision Certificate can be issued. In the event that any stage inspection is not carried out, an Occupation/Subdivision Certificate cannot be issued.

(a) After stripping of topsoil from roads and fill areas, all Erosion & Sediment

Control devices and Traffic Control signs shall be installed at this stage. (b) After completion of road sub grade. (c) After placement and compaction of each layer of gravel pavement material. (e) After laying and jointing of all stormwater drainage pipelines prior to

backfilling. (f) During application of bitumen seal or asphaltic concrete wearing surface. (g) After restoration and completion of all works. (h) After placement of all steel reinforcing in footpaths and driveways. (i) As otherwise required to confirm that the works are satisfactorily executed and

in conformity with environmental controls and conditions of Development Consent.

It should be noted that Council charge fees for inspections and Compliance

Certificates. These inspection fees must be paid prior to release of the S138 Roads


B: 20 Act Approval. Fees will be adjusted in accordance with Council’s Fees & Charges operating at the time of inspection.

13. All civil engineering works to be transferred to Council ownership shall be covered by

a 12 months Maintenance Bond in accordance with Council’s Bonding Policy. The 12 months Maintenance Bond shall commence from the Practical Completion date identified by Council or until registration of the subdivision plan whichever is greater.

14. Building demolition being carried out in accordance with Australian Standard AS 2601

– 2001 – The demolition of structures. 15. To reduce nuisance to the surrounding properties, all demolished material and excess

spoil from the site will be removed within Fourteen (14) days. 16. No burning of demolition or construction material is to be carried out on the site. Prior to the Release of Construction Certificate for Stage 1 17. Separate approval from Council as the Roads Authority must be obtained under

Section 138 of the Roads Act 1993 prior to the issue of any Construction Certificate which includes any works within a Council road reserve. For any such works, detailed engineering design plans must be submitted to Council for approval prior to issue of the Construction Certificate.

18. The developer shall arrange for detailed engineering design plans to be submitted to

Council for approval for: -

∑ Provision of kerb and gutter and piped drainage across the Grey Street frontage of the subject land.

∑ Provision of a full width concrete footpath with a minimum thickness of 100mm, F72 reinforcement on a compacted gravel base 75mm thick.

∑ Appropriate line marking and signage for the proposed angled car parking in Grey Street for a minimum of six (6) vehicles.

Advice: All works to be approved by Council by the issuing of a S138 Roads Act Approval, prior to the release of the Construction Certificate.

19. The provision of a plan of management for any works for the development that impact

on any public roads and public land for the construction phase of the development, prior to issue of the Construction Certificate. This plan must be certified by a suitably qualified person prior to issue of the Construction Certificate. All works must be conducted in accordance with this plan. The plan is to include a Traffic Management Plan and/or a Work Method Statement for any works or deliveries that impact the normal travel paths of vehicles, pedestrians or cyclists or where any materials are lifted over public areas.


Council for approval for: - ∑ The installation of a footpath crossing between the edge of the bitumen and the

property boundary, constructed of a minimum of 150mm thick reinforced concrete.

21. All driveways and access corridors are to be designed in accordance with AS2890.1, 2 and 6 - Parking Facilities including an all weather sealed surface treatment (bitumen seal / asphalt / concrete). Full details of the car parking, manoeuvring areas and internal roads are to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.


B: 21 22. A detailed drainage design for the disposal of roof and surface water from the site,

including any natural runoff currently entering the property and connection to the existing drainage system in accordance with Council’s requirements. Full details shall be submitted to and approved by the Certifying Authority prior to release of the Construction Certificate.

23. The developer shall arrange for detailed engineering design plans to be submitted to Council for approval to provide: - The detailed plans shall be in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines and the latest edition of Managing Urban Stormwater publication (the blue book). Sediment control measures shall be provided for the duration of the works and until the site is stabilised. Full details of the car parking, manoeuvring areas and internal roads are to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

24. Payment of a cash contribution to Council in accordance with the provisions of

Dungog Section 94 Contributions Plan 2004 adopted 29 September 2004. The following contribution, which is subject to quarterly adjustment, are to be paid prior to release of Construction Certificate.

Clarence Town Catchment - Commercial Development

Stage 1 Contribution Total $ 9567.60

Advice: Copies of the Contributions Plan are available for inspection and purchase at Council’s Administration Building, Dungog.

The applicant and / or developer must contact Council prior to the payment to determine the current rate of contribution, as the rates are revised quarterly.

25. Prior to release of the Construction Certificate a certificate of compliance under

Section 50 of the Hunter Water Act 1991 for this development shall be submitted to the Principal Certifying Authority.

26. Details of external colours and finishes must be submitted to and approved by Council prior to the issuing of a Construction Certificate by the certifying authority.

Prior to Commencement of Stage 1 27. Prior to the commencement of work for the construction of the building it will be

necessary to obtain a Construction Certificate. Where Council is not the Principal Certifying Authority (PCA), the proponent or private certifier shall submit a Construction Certificate to Council prior to building works commencing on the subject allotment.

During Construction for Stage 1 28. The registered proprietor of the land shall be responsible for all costs incurred in the

necessary relocation of any services affected by the required construction works. Council and other service authorities should be contacted for specific requirements prior to commencement of any works.

29. The control of erosion and the prevention of silt discharge into drainage systems and waterways will be necessary in accordance with Council’s requirements, Department of Conservation and Land Management's 'Urban Erosion and Sediment Control’ requirements and the Department of Housing ‘Soil and Water Management for Urban Developments’. Erosion control measures are to be implemented prior to the commencement of any earthworks and shall be maintained until satisfactory


B: 22 completion and restoration of site earthworks, including revegetation of all exposed areas.

30. The developer shall arrange for detailed engineering design plans to be submitted to Council for approval to provide: -

A single all weather vehicle access way incorporating a vehicle shake down device within the property generally in accordance with the “Stabilised Site Access” design criteria in the latest Managing Urban Stormwater publication (the blue book), extending from the existing formation of Grey Street so as to provide appropriate access to the site which will minimise the potential for erosion to occur and for materials to be tracked onto the road by vehicles.

31. Approved toilet facilities are to be provided, at or in the vicinity of the work site on

which the work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every twenty (20) persons employed at the site. The provision of toilet facilities in accordance with the Clause must be completed before any other work is commenced.

32. A waste containment facility to Council's requirements is to be provided on the building site immediately after the first concrete pour for the building and is to be regularly serviced.

Council and the Environmental Protection Authority may issue "on the spot" fines if breaches of the Environmental Offences and Penalties Act, are detected.

Note: Your attention is drawn to your responsibility to control any litter arising from building works associated with this consent.

33. Measures shall be implemented to prevent vehicles tracking sediment, debris, soil

and other pollutants onto any road.

34. ALL EXCAVATED OR FILLED AREAS are to be BATTERED to a slope of not greater than 45 degrees to the horizontal, or alternatively, be retained by a retaining wall. Where the height of the retaining wall exceeds 1000mm, duplicate copies of structural details, prepared by a practicing Structural Engineer, are to be submitted to and approved by the Principle Certifying Authority prior to their construction. All excavated and filled areas are to be drained to the satisfaction of Council

35. To minimise soil erosion during construction, the owner and builder shall ensure that the following measures are implemented in the sequence outlined:-

(i) A dish shaped diversion drain or similar structure will be constructed above

the proposed house site to divert run-off to a stable discharge area such as an area with a grass cover. (This diversion drain is to be lined with turf or otherwise stabilised if it erodes after rainfall).

(ii) A sediment trapping fence using a geotextile fabric specifically designed for such a purpose and installed to manufacturer's specifications is to be placed below the construction area (eg "silt stop").

(iii) Vegetation is to be cleared from the construction site only; other areas are to remain undisturbed.

(iv) Top soil from the construction site or builders sand is to be stockpiled in a location where it will not be eroded from the site, and is not to be stockpiled on the road reserve.

(v) All erosion control measures will require maintenance after rainfall. They should be retained until the site has fully revegetated.

(vi) If soil or other materials are spilt accidentally onto the road or gutter, they shall be removed prior to the completion of the day's work.


B: 23 All erosion and sedimentation controls are to be installed in accordance with Council's erosion and sedimentation control policy and code of practice.

Failure to implement and maintain all erosion and sedimentation control measures is a breach of the Protection of the Environment Operations Act 1997 and is liable to a $750 on-the-spot fine.

36. ALL BUILDING MATERIALS, plant and equipment is to be placed ON THE BUILDING SITE. Building materials, plant and equipment (including water closets), are not to be placed on footpaths, roadways, public reserves etc.

37. Construction works must not unreasonably interfere with the amenity of the

neighbourhood. In particular construction noise, when audible on adjoining residential premises can only occur:

a. Monday to Friday, 7.00 am to 6.00 pm. b. Saturday, from 8.00 am to 1.00 pm.

Prior to Release of Occupation Certificate for stage 1 38. The developer shall construct the roadwork and civil works in accordance with the

signed S138 Roads Act Approval and Construction Certificate plans issued for each stage of the development in accordance with the standards set out in AUS-SPEC and to the satisfaction of Council.

39. All civil engineering works to be transferred to Council ownership shall be covered by a 12 Months Maintenance Bond in accordance with Council’s Bonding Policy. The 12 Months Maintenance Bond shall commence from the Practical Completion date identified by Council or until registration of the subdivision plan, whichever is greater. The 12 Months Maintenance Bond also attracts a Bond Administration Fee as identified in Council’s Fees and Charges at the time of preparation of the Bond.

40. Any relocation or alterations of public utilities made necessary as a result of the

development are to be carried out at no cost to Council. 41. The provision of Work as Executed information prior to release of the Occupation

Certificate. The information is to be submitted in hard copy and in electronic format compatible with AutoCAD. This information is to be approved by Council prior to issue of the Occupation Certificate.

42. The developer being responsible for any costs relating to minor alterations and

extensions of existing roads, drainage and Council services for the purposes of the development.

43. The making good to the satisfaction of Council, or payment of the costs incurred by

Council in making good, any pavement damage or structural deterioration caused to Council's roads by the use of such roads as haulage routes for materials used in construction or the operation of the approved development.

44. Certification by a suitably qualified person that all the landscaping for stage 1 has

been completed in accordance with the approved landscape plan shall be submitted to the Certifying Authority prior to release of Occupation Certificate.

Prior to Release of Subdivision Certificate for Stage 1 45. A strata certificate shall be issued by Council under section 37 or an accredited

certifier under section 37A in the approved form. Submission of an original plan of survey by a Registered Surveyor and ten (10) copies for subdivision approval.


B: 24 46. The final plans must conform generally with the subdivision proposal shown on the

concept plan submitted with the Development Application, and to the requirements under Section 8 of the Strata Schemes (Freehold Development) Act 1973.

47. Creation of drainage, water, sewer and service easements where required and/or as

directed by Council free of all costs to Council. 48. Prior to release of the Strata Subdivision Certificate all conditions for Stage 1 of DA

95/2013 shall be complied with and an Occupation Certificate must be issued.

General Conditions for Stage 2

49. The building shall NOT BE USED OR OCCUPIED until completed and the relevant conditions of consent have been complied with and an Occupation Certificate has been issued.

50. The development is to be designed, constructed and managed in accordance with the

recommendations contained in Section 8 of the Acoustic Assessment prepared by RCA Acoustics on 1st May 2013. Except as modified elsewhere in this consent.

51. All Landscaping within the area identified as Stage 2 on the Staging Plan prepared by

Perception dated 1/8/2013 shall be completed in accordance with the approved landscaping plan and shall be maintained in perpetuity by the existing or future owners and/or occupiers of the property. In this respect an Occupation Certificate will not be issued for the building until the landscaping is complete.

52. The development shall not interfere with the amenity of the locality by way of

emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste products, waste water, grit, oil or otherwise.

53. The driveway servicing the developments at the rear of the site is to have a gate

installed at the Grey Street frontage which can be secured and prevent after hours entry to the site by unauthorised personnel.

54. The following hours of operation shall apply to the respective elements of the

development-

Mechanical Workshop Monday to Saturday - 7.00 am - 5:30 pm No operation on Sundays and Public Holidays

55. The use of outdoor phone alarms, speakers or chimes is not permitted. 56. The applicant shall ensure that arrangements are made for the Principal Certifying

Authority, Council or Private Certifier, to carry out STAGE INSPECTIONS indicated as follows in bold.

Request for inspections may be made either by telephone or in person.

Forty eight (48) hours notice must be given for inspections.

Applicants are required to nominate the relevant Construction Certificate Number and location prior to the inspection request being granted.


B: 25 Note: STAGE INSPECTIONS are required to be carried out in order to ensure that an Occupation/Subdivision Certificate can be issued. In the event that any stage inspection is not carried out, an Occupation/Subdivision Certificate cannot be issued.

(a) After stripping of topsoil from roads and fill areas, all Erosion & Sediment

Control devices and Traffic Control signs shall be installed at this stage. (b) After completion of road sub grade. (c) After placement and compaction of each layer of gravel pavement material. (e) After laying and jointing of all stormwater drainage pipelines prior to

backfilling. (f) During application of bitumen seal or asphaltic concrete wearing surface. (g) After restoration and completion of all works. (h) After placement of all steel reinforcing in footpaths and driveways. (i) As otherwise required to confirm that the works are satisfactorily executed and

in conformity with environmental controls and conditions of Development Consent.

It should be noted that Council charge fees for inspections and Compliance

Certificates. These inspection fees must be paid prior to release of the S138 Roads Act Approval. Fees will be adjusted in accordance with Council’s Fees & Charges operating at the time of inspection.

57. All civil engineering works to be transferred to Council ownership shall be covered by

a 12 months Maintenance Bond in accordance with Council’s Bonding Policy. The 12 months Maintenance Bond shall commence from the Practical Completion date identified by Council or until registration of the subdivision plan whichever is greater.

58. Building demolition being carried out in accordance with Australian Standard AS 2601

– 2001 – The demolition of structures. 59. To reduce nuisance to the surrounding properties, all demolished material and excess

spoil from the site will be removed within Fourteen (14) days. 60. No burning of demolition or construction material is to be carried out on the site. Prior to the Release of Construction Certificate for Stage 2 61. Separate approval from Council as the Roads Authority must be obtained under

Section 138 of the Roads Act 1993 prior to the issue of any Construction Certificate which includes any works within a Council road reserve. For any such works, detailed engineering design plans must be submitted to Council for approval prior to issue of the Construction Certificate.

62. The provision of a plan of management for any works for the development that impact

on any public roads and public land for the construction phase of the development, prior to issue of the Construction Certificate. This plan must be certified by a suitably qualified person prior to issue of the Construction Certificate. All works must be conducted in accordance with this plan. The plan is to include a Traffic Management Plan and/or a Work Method Statement for any works or deliveries that impact the normal travel paths of vehicles, pedestrians or cyclists or where any materials are lifted over public areas.

63. All driveways and access corridors are to be designed in accordance with AS2890.1,

2 and 6 - Parking Facilities including an all weather sealed surface treatment (bitumen seal / asphalt / concrete). Full details of the car parking, manoeuvring areas and internal roads are to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.


B: 26 64. The developer shall arrange for detailed engineering design plans to be submitted to

Council for approval for: -

The proposed car parking layout for a minimum of 8 vehicles (including 1 space for disabled persons) in accordance with Council’s ‘off Street Parking” policy. Full details of the car parking, manoeuvring areas and internal roads are to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

65. The developer shall arrange for Certification from a suitably qualified consultant

certifying that the car parking plan layout conforms to Australian Standard 2890.1, 2 and 6 Parking Facilities. Full details of the car parking, manoeuvring areas and internal roads are to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

66. A stage specific detailed drainage design for the disposal of roof and surface water

from the site, including any natural runoff currently entering the property and connection to the existing drainage system in accordance with Council’s requirements. Such detailed design shall include on site detention facilities and pollution control facilities. All car parking and above ground storage areas are to include upright kerb a minimum of 100mm high to ensure stormwater runoff is not directed onto adjoining lands. Full details shall be submitted to and approved by the Certifying Authority prior to release of the Construction Certificate.


Council for approval to provide: - The detailed plans shall be in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines and the latest edition of Managing Urban Stormwater publication (the blue book). Sediment control measures shall be provided for the duration of the works and until the site is stabilised. Full details of the car parking, manoeuvring areas and internal roads are to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

68. Prior to release of the Construction Certificate a certificate of compliance under

Section 50 of the Hunter Water Act 1991 for this development shall be submitted to the Principal Certifying Authority.

69. Details of external colours and finishes must be submitted to and approved by

Council prior to the issuing of a Construction Certificate by the certifying authority. 70. Payment of a cash contribution to Council in accordance with the provisions of

Dungog Section 94 Contributions Plan 2004 adopted 29 September 2004. The following contribution, which is subject to quarterly adjustment, are to be paid prior to release of Construction Certificate.

Clarence Town Catchment - Commercial Development

Stage 2 Contribution Total $ 3587.85

Advice: Copies of the Contributions Plan are available for inspection and purchase at Council’s Administration Building, Dungog.

The applicant and / or developer must contact Council prior to the payment to determine the current rate of contribution, as the rates are revised quarterly.

Details regarding the type, colour and extent of fencing such that presents as a solid uniform 1.8m high fence which will act as an affective acoustic barrier as required by the Acoustic Assessment prepared by RCA Acoustics dated 1st May 2013. These


B: 27 details are to be provided to Council for approval prior to the issue of a Construction Certificate. Prior to Commencement of Stage 2 71. Prior to the commencement of work for the construction of the building it will be

necessary to obtain a Construction Certificate. Where Council is not the Principal Certifying Authority (PCA), the proponent or private certifier shall submit a Construction Certificate to Council prior to building works commencing on the subject allotment.

During Construction for Stage 2

72. The first component of construction within stage 2 shall be the erection of the

perimeter fence in accordance with the Council approved fencing details.

73. The registered proprietor of the land shall be responsible for all costs incurred in the necessary relocation of any services affected by the required construction works. Council and other service authorities should be contacted for specific requirements prior to commencement of any works.

74. The control of erosion and the prevention of silt discharge into drainage systems and waterways will be necessary in accordance with Council’s requirements, Department of Conservation and Land Management's 'Urban Erosion and Sediment Control’ requirements and the Department of Housing ‘Soil and Water Management for Urban Developments’. Erosion control measures are to be implemented prior to the commencement of any earthworks and shall be maintained until satisfactory completion and restoration of site earthworks, including revegetation of all exposed areas.

75. The developer shall arrange for detailed engineering design plans to be submitted to Council for approval to provide: - A single all weather vehicle access way incorporating a vehicle shake down device within the property generally in accordance with the “Stabilised Site Access” design criteria in the latest Managing Urban Stormwater publication (the blue book), extending from the existing formation of Grey Street so as to provide appropriate access to the site which will minimise the potential for erosion to occur and for materials to be tracked onto the road by vehicles.

76. Approved toilet facilities are to be provided, at or in the vicinity of the work site on which the work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every twenty (20) persons employed at the site. The provision of toilet facilities in accordance with the Clause must be completed before any other work is commenced.

77. A waste containment facility to Council's requirements is to be provided on the

building site immediately after the first concrete pour for the building and is to be regularly serviced.

Council and the Environmental Protection Authority may issu

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