saunders staniforth · orange nsw 2800 2nd july 2019 2/204 ~ 206 lords place, orange i\jsw 2800 ......

$: Saunders Staniforth · ORANGE NSW 2800 2nd July 2019 2/204 ~ 206 Lords Place, Orange I\JSW 2800 ... each professional will operate during staggered hours with the urologist ... services$
Saunders Staniforth

•

DEVELOPMENT APPLICATION

STATEMENT OF ENVIRONMENTAL EFFECTS

DEVELOPMENT CONSENT FOR CHANGE OF USE FROM DWELLING TO HEALTH CONSULTING ROOMS,

& ASSOCIATED SIGNAGE

116 Sampson Street ORANGE NSW 2800

2nd July 2019

2/204 ~ 206 Lords Place, Orange I\JSW 2800 T 02 6362 1880 F 02 63621 881

E valpla11@ssvaluers com au ABN 49 108 883 058

Also specialisinq in Valuations

116 Sampson Street, ORANGE NSW 2800

• DEVELOPMENT APPLICATION

PROPOSED HEAL TH CONSUL TING ROOMS 116 Sampson Street ORANGE

Our Reference: Planning/19-0579

1. THE PROPOSAL

Council's development consent is sought for the use of an existing dwelling for the purposes of health consulting rooms - Urology and Ultrasound treatment (2 practitioners).

It is envisaged that only 2 practitioners will operate from the premises. Whilst the submitted plan shows two consulting rooms, it is intended that each professional will operate during staggered hours with the urologist operating 3 half days and operating elsewhere at Dudley or Orange Base.

The premises has only been used as a dwelling. We estimate the age of the dwelling at circa 1930/40.

It is proposed to operate from 8 am to 6 pm Monday to Saturday by appointment. These hours are considered the most extreme with 8.30am to 5.30 pm more common and 8:30am to noon on Saturdays more likely.

The submission should be read in conjunction with the submitted plans prepared by Saunders & Staniforth dated May 2019 and additional supporting information provided in this Statement of Environmental Effects.

This application will also incorporate Council's consideration of change of use planning consideration and parking assessment and the single advertising sign as detailed.

APPLICANT

Mr David and Terrece Brown c/ Saunders and Staniforth Pty Ltd 2/204-206 Lords Place ORANGE NSW 2800

Saunders & Staniforth Property & Planning Consultants


• OWNER

Mr David and Terrece Brown 1 Carpenter Close ORANGE NSW 2800

DOCUMENTS

Statement of Environmental Effects Plans by Saunders & Staniforth Fire Safety Schedule

2. THE LAND

The property comprises a single storey fibro clad dwelling and garage/carport upon 116 Sampson Street, Orange currently identified as Lot 1 in Deposited Plan 16593.

The land is relatively flat and has a slight fall to the northern and western corner. Some preliminary engineering levels have been investigated to allow stormwater to be managed to the front kerb in Sampson or Prince Streets to allow the existing driveway to be used for low levels of traffic.

The property is situated amongst mixed residential premises and Greengate Shopping Centre nearby.

No tree removal is envisaged. No removal of structures is envisaged.

3. ENVIRONMENTAL ASSESSMENT

Saunders & Staniforth Property & Planning Consultants 2


• 3.1 Environmental Planning and Assessment Act

Under Part 4 of the Environmental Planning and Assessment Act 1997 (the Act), and development which requires development consent must be assessed under the matters for consideration contained in section 4.15.

Issues relevant to the decision making process in the context of Section 4.15 of the Act, and which should be addressed in any statement of environmental effects that would accompany a development application, include:

• the provisions of:

any environmental planning instrument; and

any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority; and

any development control plan; and

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:-

• the likely impacts of the development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality;

• the suitability of the site for development; • any submissions made in accordance with this Act or the

regulations; and • the public interest.

The matters included in Section 4.15 are now discussed in turn.

3.2 Environmental Planning and Assessment Act



• 3.2.1 State Environmental Planning Policies

State Environmental Planning Policy (Infrastructure) 2007

Part 3 Division 10

Clause 57 57 Development permitted with consent (1) Development for the purpose of health services facilities may be carried out by any person with consent on land in a prescribed zone. (2) Development for any of the following purposes may be carried out by or on behalf of a public authority with consent on State land that is in a land use zone identified by another environmental planning instrument as a "special use" zone for a health services facility: (a) biotechnology research or development industries, (b) business premises or retail facilities to cater for patients, staff or visitors, (c) multi dwelling housing. (3) Consent must not be granted for development of a kind referred to in subclause (2) unless the consent authority is satisfied that the Secretary has certified in a site compatibility certificate that, in the Secretary's opinion, the development is compatible with the surrounding land uses. (4) Nothing in this clause: (a) prevents a consent authority from: (i) granting consent for development on a site by reference to site and design features that are more stringent than those identified in a site compatibility certificate for the same site, or (ii) refusing to grant consent for development by reference to the consent authority's own assessment of the compatibility of the development with the surrounding land uses, or (b) otherwise limits the matters to which a consent authority may have regard in determining a development application for development of a kind referred to in subclause (2).

56 Definitions

In this Division: health services facility means a facility used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes the following: (a) day surgeries and medical centres, (b) community health service facilities, (c) health consulting rooms, (d) facilities for the transport of patients, including helipads and ambulance facilities, (e) hospitals.



• prescribed zone means any of the following land use zones or a land use zone that is equivalent to any of those zones: (a) RU4 Primary Production Small Lots, (b) RU5 Village, ( c) RU6 Transition, (d) R1 General Residential, (e) R3 Medium Density Residential, (f) R4 High Density Residential, ( g) RS Large Lot Residential, (h) 82 Local Centre, (i) 83 Commercial Core, (j) 84 Mixed Use, (k) 85 Business Development, (I) 86 Enterprise Corridor, (m) 87 Business Park, (m1) BB Metropolitan Centre, (n) SP1 Special Activities, ( o) SP2 Infrastructure.

The proposed land use is considered to appropriately fit within the health consulting room definition where a medical professional will operate solely for running the business and treating patients.

We have also given reference to SEPP (Exempt and Complying Development Codes) 2008 as follows:-

10A Change of use of premises

2.20A Specified development

A change from a current use to a new use that is a change from:

(a) a type of business premises to another type of business premises, or

(b) business premises to office premises, or

( c) a type of office premises to another type of office premises, or

(d) office premises to business premises, or

( e) a type of retail premises to another type of retail premises, or

(f) a bulky goods premises to another bulky goods premises, or (g) a light industry to another light industry, or

(h) a warehouse or distribution centre to another warehouse or distribution centre, or

(i) a light industry to a warehouse or distribution centre, or



• (j) a warehouse or distribution centre to a light industry, or

(k) a community or recreation use to another community or recreation use,

is development specified for this code.

2.208 Development standards

The standards specified for that development are that:

(a) the current use must be a lawful use, and

(b) the current use must not be an existing use within the meaning of section 106 of the Act, and

( c) the new use must be permissible in the land use zone in which it is carried out, and

( d) the new use must not result in a change of building use under the Building Code of Australia, and

( e) the new use must not be carried out at premises that are a manufactured home, moveable dwelling or associated structure, temporary structure, tent, swimming pool, ship or vessel, and

(f) the new use must not be any of the following: (i) food and drink premises, (ii) a funeral chapel, (iii) a funeral home, (iv) retail premises where firearms within the meaning of the

Firearms Act 1996 are sold, (v) landscape and garden supplies, (vi) a market, (vii) premises that are a beauty salon or hair dressing salon, (viii) premises where a skin penetration procedure within the

meaning of section 51 of the Public Health Act 1991 is carried out, restricted premises, a roadside stall,

(ix) (x) (xi) (xii)

sex services premises, vehicle sales or hire premises, and

(g) the new use must not involve building alterations, other than alterations that are exempt development under this Policy, and

(h) the new use must not result in an increase in the gross floor area of any building within which it is carried out, and



• (i) the new use must not cause the contravention of any existing condition of a development consent that applies to the premises relating to hours of operation, car parking, vehicular movement, traffic generation, landscaping or waste management.

The proposal will effectively be a change of use from a dwelling to a health consulting room therefore consent is required and is not exempt development.

State Environmental Planning Policy 55 relates to the proposal, specifically clause 7 assessment.

7 Contamination and remediation to be considered in determining development application

(1) 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.

(2) Before determining an application for consent to carry out development that would involve a change of use on any of the land specified in subclause (4), the consent authority must consider a report specifying the findings of a preliminary investigation of the land concerned carried out in accordance with the contaminated land planning guidelines.

(3) The applicant for development consent must carry out the investigation required by subclause (2) and must provide a report on it to the consent authority. The consent authority may require the applicant to carry out, and provide a report on, a detailed investigation (as referred to in the contaminated land planning guidelines) if it considers that the findings of the preliminary investigation warrant such an investigation.

(4) The land concerned is:

(a) land that is within an investigation area,



• (b) land on which development for a purpose referred to in Table 1 to the contaminated land planning guidelines is being, or is known to have been, carried out, (c) to the extent to which it is proposed to carry out development on it for residential, educational, recreational or child care purposes, or for the purposes of a hospital-land:

(i) in relation to which there is no knowledge (or incomplete knowledge) as to whether development for a purpose referred to in Table 1 to the contaminated land planning guidelines has been carried out, and (ii) on which it would have been lawful to carry out such development during any period in respect of which there is no knowledge (or incomplete knowledge).

The land has been previously been used for residential purposes for a period of 60-80 years. There is no history of local non-residential use for spray painting, fuel storage, car repairs or the like. There is no physical evidence of fuel seepage, salted areas or vegetation problems. We have therefore concluded that current on site physical evidence, aerial evidence or historic approvals identify no history of contamination or on site chemical or fuel storage.

It is envisaged that as part of any excavation for the rear carpark, due diligence will occur should any adverse soil conditions be identified. This would occur as a condition of development consent, consistent with residential subdivisions. This approach will ensure due diligence regarding possible contamination can be managed.

SEPP 64 ASSESSMENT

The proposed signage comprises a single signs as shown on sheet 9. A freestanding, non-illuminated, two posted sign is proposed inside the front setback being 1200 x 1200 mm is size. Colours are considered low key in black and soft mauve/blue with a white background. The sign will be non illuminated. We have utilised Schedule 1 of the SEPP to assess the signage.

Schedule 1 Assessment criteria

1 Character of the area

• Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

Yes, the semi-commercial nature of the locality with similar signage to existing development will be similar in scale to the proposed signage. The proposed signage will be generally of a lesser scale to other signage such as Greengate shopping centre, West Orange car dealerships and West End Motel.



• The signage is also of a similar scale to other medical centres in the central Orange precinct. The colours and design of the sign are considered conservative with black and soft mauve/blue on a white background.

• Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

Yes, the use of a range of businesses in the vicinity to the west and east is consistent with the proposed commercial signage in the Prince and Woodward Street corridors.

2 Special areas

• Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

The proposed signage will not impact on nearby residential development located 'flat' parallel with the front and side boundary, being non illuminated and will not affect the visual quality of dwellings located in the vicinity further west or immediately north.

The proposed non illuminated sign will be suitable on the basis that signage will complement the scale and external features of the building and will not extend above the visual lines of the building.

3 Views and vistas

• Does the proposal obscure or compromise important views?

No

• Does the proposal dominate the skyline and reduce the quality of vistas?

No

• Does the proposal respect the viewing rights of other advertisers?

Yes



• 4 Streetscape, setting or landscape

• Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

Yes, the proposed sign are of a low visual impact for a semi-commercial locality and will not detract from the surrounding development.

The sign is sympathetic with the size and height of walls, windows and roof size and scale. The freestanding sign will not dominate the front fac;ade or garden area.

• Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

Yes, the proposed signage complements the proposed use and character of the property with a traditional fac;ade similar to other health consulting room signage in Orange.

• Does the proposal reduce clutter by rationalising and simplifying existing advertising?

This sign will be utilised in conjunction with the theme for the business. No signage exists at present on the building.

• Does the proposal screen unsightliness?

Not applicable

• Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

No

5 Site and building

• Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

Yes, the signage is considered to be in scale with the overall size and shape of the building.

• Does the proposal respect important features of the site or building, or both?

The proposed signage is sympathetic to the design elements of the building.

• Does the proposal show innovation and imagination in its relationship to the site or building, or both?

The proposed sign will complement the building in terms of design and scale.



• 6 Associated devices and logos with advertisements and advertising structures

• Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

No

7 Illumination

• Would illumination result in unacceptable glare?

No

• Would illumination affect safety for pedestrians, vehicles or aircraft?

No

• Would illumination detract from the amenity of any residence or other form of accommodation?

No

• Can the intensity of the illumination be adjusted, if necessary?

If necessary a lower wattage bulb could be fitted.

• Is the illumination subject to a curfew?

No. The proposed signs will not be illuminated.

8 Safety

• Would the proposal reduce the safety for any public road?

No

• Would the proposal reduce the safety for pedestrians or bicyclists?

No

• Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

No



• 3.2.2 Regional Environmental Plans

There are no Regional Environmental Plans which apply to the subject land.

3.3 Orange Local Environmental Plan 2011

The subject land is zoned Rl General Residential pursuant with Orange Local Environmental Plan 2011.

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 maximise 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

With regard to land use compliance, it is submitted that the proposed use of the existing building is considered to be consistent with the definition of 'health services facility' and specifically 'health consulting rooms' under the Infrastructure SEPP ( clause 57) and is therefore permissible in the prescribed Rl zone subject to Council's development consent.

Given the description of the abovementioned proposed use, the proposal is considered to be consistent with the objectives and definitions associated with 'health services facilities'.

Council's Development Control Plan 2004, also applies to the subject property.

Given the description of the above mentioned proposed use the proposal is considered to be consistent with the objectives and definitions associated with Part 7 of the LEP.

Part 7 Additional local provisions

7.1 Earthworks

(1) The objectives of this 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 of 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).

Note. The National Parks and Wildlife Act 1974, particularly section 86, deals with disturbing or excavating land and Aboriginal objects.

Response

We submit that all earthworks will occur in a manner compliant with Council's Development & Subdivision Code and supporting Australian Standards including sediment and erosion control measures during the car park construction phase.

7.2 Flood planning

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

(a) to minimise the flood risk to life and property associated with the use of land,

(b) to allow development on land that is compatible with the land's flood hazard, taking into account projected changes as a result of climate change,

( c) to avoid significant adverse impacts on flood behaviour and the environment.

(2) This clause applies to:



• (a) land identified as "Flood planning area" on the Flood Planning Map, and

(b) other land at or below the flood planning level.

(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 compatible with the flood hazard of the land, and

(b) is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

( c) incorporates appropriate measures to manage risk to life from flood, and

(d) is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

( 4) A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN O 7347 5476 OJ, published by the NSW Government in April 2005, unless it is otherwise defined in this clause.

(5) In this clause:

flood planning level means the level of a 1:100 ARI (average recurrence interval) flood event plus 0.5 metre freeboard.

Response

The proposed development is extensively distant from any flood planning area locations designated on the Orange Flood Planning Map.



• 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 storm water runoff on adjoining downstream properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.

Response

The proposed development will have minimal impact of urban stormwater on the land and on downstream properties with a preliminary design and levels done to allow stormwater to leave via Prince Street.



• 7.4 Terrestrial biodiversity

(1) The objective of this clause is to maintain terrestrial biodiversity by:

(a) protecting native fauna and flora, and

(b) protecting the ecological processes necessary for their continued existence, and

( c) encouraging the conservation and recovery of native fauna and flora and their habitats.

(2) This clause applies to land identified as "High Biodiversity Sensitivity" or "Moderate Biodiversity Sensitivity" on the Terrestrial Biodiversity Map.

(3) Before determining a development application for development on land to which this clause applies, the consent authority must consider whether or not the development:

(a) is likely to have any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and

(b) is likely to have any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and

(c) has any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and

(d) is likely to have any adverse impact on the habitat elements providing connectivity on the land.

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

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

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

Response

The site is void of any significant habitat, flora or fauna. It is also distant from any areas designated to have moderate or high biodiversity sensitivity. No vegetation rem ova I is proposed.



• 7.5 Riparian land and watercourses

(1) The objective of this clause is to protect and maintain the following:

(a) water quality within watercourses,

(b) the stability of the bed and banks of watercourses,

( c) aquatic riparian habitats,

(d) ecological processes within watercourses and riparian areas.

(2) This clause applies to land:

(a) identified as "Sensitive Waterways" on the Watercourse Map, or

(b) that is within 40 metres of the top of the bank of a "Sensitive Waterways" identified under paragraph (a).

(3) Before determining a development application to carry out development on land to which this clause applies, the consent authority must consider whether or not the development:

(a) is likely to have any adverse impact on the following:

(i) the water quality and flows within a watercourse, (ii) aquatic and riparian species, habitats and ecosystems of the watercourse, (iii) the stability of the bed and banks of the watercourse, (iv) the free passage of fish and other aquatic organisms within or along the watercourse, (v) any future rehabilitation of the watercourse and its riparian areas, and

(b) is likely to increase water extraction from the watercourse.





Response

The site is not close to any riparian land or watercourse.



• 7.6 Groundwater vulnerability

(1) The objectives of this clause are to maintain the hydrological functions of key groundwater systems and to protect vulnerable groundwater resources from depletion and contamination as a result of inappropriate development.

(2) This clause applies to land identified as "Groundwater Vulnerability" on the Groundwater Vulnerability Map.

(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.



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


Response

The proposed development does not present any threat to ground water quality. The storage of fuels will not occur by means of stationary tanks on the proposed development.



• 7.7 Drinking water catchments

(1) The objective of this clause is to protect drinking water catchments by minimising the adverse impacts of development on the quality and quantity of water entering drinking water storages.

(2) This clause applies to land identified as "Drinking water" on the Drinking Water Catchment MaR,

(3) Before determining a development application for development on land to which this clause applies, the consent authority must consider whether or not the development is likely to have any adverse impact on the quality and quantity of water entering the drinking water storage, having regard to:

(a) the distance between the development and any waterway that feeds into the drinking water storage, and

(b) the on-site use, storage and disposal of any chemicals on the land, and

( c) the treatment, storage and disposal of waste water and solid waste generated or used by the development.


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


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

Response

The subject property is not located in the drinking water catchment as defined.



• 7.8 Salinity

(1) The objective of this clause is to provide for the appropriate management of land that is subject to salinity and the minimisation and mitigation of adverse impacts from development processes that contribute to salinity.

(2) Before determining a development application for development on land that is subject to salinity, the consent authority must consider the following:

(a) whether or not the development is likely to have any adverse impact on salinity processes on the land,

(b) whether or not salinity is likely to have an impact on the development,

(c) appropriate measures to avoid or reduce any adverse effects that may result from the impacts referred to in paragraphs (a) and (b).

(3) Development consent must not be granted to development on land that is subject to salinity unless the consent authority is satisfied that:




Response

In an urban context the coverage of the site by the existing building, outbuildings and adjacent hardstand will effectively seal the site from any possibility of adverse salinity levels being created. The existing soil will not be exposed to any chemical or ground treatment during construction of the proposed car park that would affect salinity levels.



• 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 above essential services are available for connection in the locality with adequate capacity to allow the development to occur without upgrade.

Heritage

The subject property is situated in a Heritage Conservation Area. The proposal does not propose any external alterations, preserving the existing 1930-40's facade.

11

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• 5.10 Heritage conservation Note. Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.

The property is situated on the fringe of the heritage conservation area. The property is not a heritage item. The following provisions apply:

(1) Objectives

The objectives of this clause are as follows: (a) to conserve the environmental heritage of Orange, (b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views, ( c) to conserve archaeological sites, (d) to conserve Aboriginal objects and Aboriginal places of heritage sign ifica nee.

(2) Requirement for consent

Development consent is required for any of the following: (a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance): (i) a heritage item, (ii) an Aboriginal object, (iii) a building, work, relic or tree within a heritage conservation area, (b) altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item, ( c) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed, (d) disturbing or excavating an Aboriginal place of heritage significance, (e) erecting a building on land: (i) on which a heritage item is located or that is within a heritage conservation area, or (ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance, (f) subdividing land: (i) on which a heritage item is located or that is within a heritage conservation area, or (ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

Consent is required for the erection of a building upon land identified under Schedule 5. The site is not listed in Schedule 5.



• (3) When consent not required However, development consent under this clause is not required if: (a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development: (i) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and (ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or (b) the development is in a cemetery or burial ground and the proposed development: (i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and (ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or ( c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or (d) the development is exempt development.

( 4) Effect of proposed development on heritage significance 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 nature of the proposed use and no external changes to the building does not warrant a detailed heritage management document, rather a presentation of colours and landscaping opportunities is considered reasonable in the context of the proposal. The applicant has not finalised any external colours and may rely on clause 5.10(3) based on Council's advice at that time.

( 5) Heritage assessment The consent authority may, before granting consent to any development: (a) on land on which a heritage item is located, or (b) on land that is within a heritage conservation area, or (c) on land that is within the vicinity of land referred to in paragraph (a) or (b), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would



• affect the heritage significance of the heritage item or heritage conservation area concerned.

In the context of no external works and the nature of surrounding development, a detailed heritage management document is not considered appropriate. The property features a low roof pitch, dated hardiplank cladding and aluminium frame windows most likely replaced in the 1970's or 80's. There are no significant heritage features to the building. The building has a consistent setback to adjoining property in Sampson Street.

(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

A heritage conservation management plan is not considered warranted as there are no external works with minor internal works relating to the admin/kitchen area and the main bathroom.

(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site ( other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies): (a) notify the Heritage Council of its intention to grant consent, and (b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

Not applicable

(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance: (a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and (b) notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

Not applicable



• (9) Demolition of nominated State heritage items

The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item: (a) notify the Heritage Council about the application, and (b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

Not applicable

( 10) Conservation incentives

The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that: (a) the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and (b) the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and ( c) the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and (d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and (e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

The property is not a heritage item therefore conservation incentives are not applicable.

3.4 Provisions of Draft Environmental Planning Instruments There are no Draft Local Environmental Plan's that apply to the land at present.

3.5 Provisions of Development Control Plans We have considered Council's Development Control Plan 2004 and consider that the proposed land use is consistent with the proposed planning outcomes specified in the DCP. The proposed use will not have



• any adverse impact upon existing advertising signage or alter loading or unloading areas at the front of the site.

With regard to heritage requirements it is acknowledged that the subject building is located within a heritage precinct, however we consider that as the proposed use will not alter the existing building facade with minimal effect on heritage character envisaged.

LEP 2000 specifically provides for health consulting rooms in the Urban

Residential Zone so that local health professionals can be accessible to

residents. That plan also recognised that the location of medical practices

adjacent to hospitals in residential areas contributes to the City's role

as a regional health and medical centre.

Health consulting rooms should complement the character of the area.

Buildings should retain a residential scale and appearance compatible with

the locality.

Parking should be provided on site at a rate equivalent to 2 spaces for

each professional operating from the premises at any one time. Such

spaces should be behind the building line and be provided for staff and

clients. Parking areas should be designed and located in a way that does

not interfere with the reasonable amenity of adjacent residences.

Front gardens of health consulting rooms should contribute to the

residential character of the locality.

Signage should be limited to a single business-identification sign within

the front landscaped area or attached to the building tecede.

PO 7.8-1 PLANNING OUTCOMES FOR HEALTH CONSUL TING ROOMS

1 The building complements the character of residential development in

the vicinity in design features, height and setbacks.

2 On-site parking is provided at the rate of 2 spaces for each professional

operating from the premises at any one time, with such spaces available

for use by staff and clients.

3 Front gardens are established or retained consistent with the garden

character of the locality.



• 4 A single business-identification sign of a reasonable size is provided

within the garden area or attached to the building fac;ade.

Response

The proposal will not significantly alter the appearance of the existing building therefore not affecting the street appeal or streetscape in the area. The proposal will retain existing design features, setbacks and existing bulk and scale.

As discussed under Site Access and Parking, parking will be provided at 2 spaces per practitioner, ie. 4 spaces in total.

No alterations will occur to the front lawn area.

Signage has been designed to suit the building and its proposed use constructed typical of other medical practices. With a single sign only proposed, the proposal is compliant with 7.8-1 of the DCP.

BCA matters will only be assessed by Prologic should a CC be required. The Fire Safety Schedule has been submitted with the DA.

We do not envisage the parking of large trucks at the front of the site with typical small deliveries to occur using existing parking at the front of the building in designated parking areas or the owner carrying supplies such as office supplies from their vehicle.

Landscaping is not relevant to the proposal given that no additions or significant external alterations are proposed.

4. SITE PLANNING AND DESIGN

4.1 Visual Amenity/Impact and Bulk and Scale

The subject site has a relatively high level of visual exposure in the central/western Prince Street link between the CBD and West Orange.

It is submitted that the proposed use will not adversely impact on the overall activity of the surrounding existing buildings and is generally consistent with the existing character and nature of this section of Sampson and Prince Streets.

Signage has been assessed under Schedule 1 of the SEPP 64.



• 4.2 Site Access and Parking

The DCP states : -

Adequate off-street parking is required to supplement on-street parking and thereby maintain the existing levels of service and safety of the road network. It is recognised that even where offstreet parking is provided, on-street parking will still occur in designated areas.

On-street parking can also provide pedestrians with a feeling of safety from passing traffic by creating a barrier between the footpath and passing traffic. Parking requirements set out in section 15.4 below reflect the peak-parking demand anticipated. In certain circumstances, such as with small extensions to existing developments, consideration might be given to reducing the on-site parking required because of the availability of convenient on-street parking. The onus is on the applicant to prove that such a concession is appropriate, with a report submitted by a qualified town planner or traffic engineer.

The DCP 2004 states:

Health consulting rooms ( outside CBD) 2 spaces for every 1 practitioner with spaces being available for customer and staff use

The proposal has been assessed under the DCP 2004 as a health consulting room permissible under the Infrastructure SEPP. The proposal complies with this requirement with up to 2 spaces available in the garage for staff and practitioners and a further 2-3 spaces in the rear yard/carport as shown.

Access will involve entry from Sampson Street and exit to Prince Street with relevant signage provided.

Some spare capacity will also be available in Prince Street with adjoining residents not parking in the street particularly during the day.

The level of traffic generated by the proposal of approx. 2 cars per hour is very minor in the context of surrounding residential development and minimal activity of residents during business hours. The traffic levels in this part of Prince and Sampson Street are estimated at over 1000 cars per day therefore consider the cumulative impact to be marginal.

We therefore conclude that given the part time specialist scale of the business and the minimal likelihood of needing four vehicles, that the proposed car port and garage should suffice.



• Waste Management

We envisage wheelie bins will need to be stored at the rear of the building.

We envisage any medical waste will be stored separately inside the building with a private contractor used to collect waste paper, gloves, or other ancillary waste.

S. THE SUITABILITY OF THE SITE FOR DEVELOPMENT

cl 4.15(1) (c)

The proposed development is not considered to be unreasonably constrained by the identified physical features associated with the subject land. In this regard:

• The proposed development is to an existing building of good structure.

• The surrounding development clearly demonstrates the suitability of this style of development on a local road without adverse affect on adjoining property.

Fire Safety Assessment

The applicant will liase with Council staff and private certifier if required and will ensure compliance prior to occupation with the required Fire Safety Schedule.

We envisage fire installations in the kitchen and reception area and existing external wall boundary separation to be compliant.

Disabled Access

The Premises Standards seek to describe the minimum level of access that must be achieved to meet the requirements of the DOA without causing unjustifiable hardship.

Despite this there will, in exceptional circumstances, be some practical constraints on the extent to which compliance with the Premises Standards can be achieved. In some circumstances, it may create unjustifiable hardship to require full compliance with the Deemed-to-



• Satisfy Provisions of the Access Code, particularly when undertaking new work on existing buildings.

If a developer and anyone else associated with a project (including a certifier) considers that full application of the Deemed-to-Satisfy Provisions of the Access Code would result in unjustifiable hardship they could proceed with a different level of compliance. If they did proceed with a project without fully complying with the Access Code they may be subject to a DOA complaint.

The existing premises warrants alterations to toilets as disabled access is achievable with some internal alterations being undertaken to door openings and the like. A small ramp will be installed over the rear door threshold. Suitable Circulation Zones are shown on the plan. The consultants advise that 2-3 wheelchair patients occur annually and envisage treatment can occur in the third room closest to the rear access. The remainder of the time this room will be used for general storage and childrens study of the owner-operators.

A compliant ramp will be constructed to allow persons to access the rear access direct from the disabled parking area.

6. THE PUBLIC INTEREST cl 4.15(1)(e)

The proposed development is considered to be only of minor interest to the wider public due to the relatively localised nature of potential impacts.

Notwithstanding this, the development if approved, would be of benefit to the local economy and therefore in the public interest providing for a range of medical services in a broad sense.



• 7. SUMMARY

The proposed change of use is considered a positive contribution to the locality, utilising the predominant busy character of Prince Street and nearby Greengate shops.

The proposal is considered to be consistent with the objectives of Orange Local Environmental Plan 2011, the Infrastructure SEPP and Orange Development Control Plan 2004 with regard to development in the zone.

Any concerns or requirements may be addressed through application of conditions of development approval or through consultation with the applicant.

Should the Council have any additional requirements or questions to this application please contact Andrew Saunders on (02) 6362 1880.

SAUNDERS & STANIFORTH

ANDREW SAUNDERS


urology NOW Dr David JG Brown

ultras· und N' W A division of urology NOW

saunders staniforth · orange nsw 2800 2nd july 2019 2/204 ~ 206 lords place, orange i\jsw 2800 ......

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