Agenda of Ordinary Council Meeting

Ordinary Council Meeting Agenda

26 February 2019

13.3 DEVELOPMENT APPLICATION 040/18

File Number: -

Author: Simon Arkinstall, Director Planning & Environment

Authoriser: Simon Arkinstall, Director Planning & Environment

Applicant: North East Survey and Design

Owner: KA CLARKE AND ML PAGE

Proposal: 37 LOT RESIDENTIAL SUBDIVISION

Location: lOT 1-17,19 & 20, DP702257; AND LOT 1, DP1204160, WARDEN AND HOLMES STREET, MOAMA

Recommendation

That Development Application 040/18 for a 37 Lot Residential Subdivision at Lot 1-17, 19 & 20, DP702257 and Lot 1, DP1204160 (Warren and Holmes Street, Moama) be approved, subject to the conditions of consent, as referred to in the report.

Background

This report is prepared for Council’s consideration as a result of a rescission motion being resolved by Council.

The report was initially presented to Council for consideration at its extraordinary meeting of 24 October 2018. At this meeting Council resolved:

RESOLVED that Development Application 040/18 for a 37 Lot Residential Subdivision at Lot 1-17, 19 & 20, DP702257 and Lot 1, DP1204160 (Warren and Holmes Street, Moama) be deferred, subject to Council completing the Flood Study and Stormwater Strategy for Moama.

The applicant raised concerns with respect to the Council’s resolution and subsequently a number of Councillors met onsite to discuss the potential concerns with Council officers. In addition Council officers met separately with local residents that raised objections to obtain a better understanding of the listed concerns, which related predominantly to drainage.

Council at its meeting of 22 January 2019 adopted the following rescission motion:

That: 1. Resolution number 351018 of the Ordinary Meeting of Murray River Council of 24 October 2018 pertaining to the Director Planning & Environment Report, Clause 1 – Development Application 040/18), be rescinded. 2. Council: (a) Reconsiders Development Application 040/18 for a 37 Lot Residential Subdivision at Lot 1-17, 19 & 20, DP702257 and Lot 1, DP1204160 (Warren and Holmes Street, Moama); and (b) Seeks further details in relation to the management of stormwater impacts resulting from the proposed development, as detailed at (a).

Council officers are submitting the assessment report for Council consideration, where additional information will be provided to address the drainage concerns.

Discussion

This report is structured to firstly provide an overview of the proposed modified development and the statutory assessment procedure used during processing the modified development application. An assessment of the modified development application is then provided which culminates in the recommendations.

This report has been divided into the following structure:

Ø Section 1 – Introduction: provides an introduction to the modified development application and a basic description of the proposed modified development.

Ø Section 2 – Statutory Assessment Process: describes the proposed statutory procedures used to assess the modified development application.

Ø Section 3 – Assessment of the Modified Application: identifies the relevant statutory and strategic land use and development policies and guidelines applicable to the modified development application and assesses the considered performance of the modified development application against these policies and guidelines.

Ø Section 4 – Recommendations: discusses the recommendations arising from the assessment of the modified development application.

Ø Section 5 – Proposed Conditions of Modified Development Consent

Subject Site

The subject site is Lots 1-17, 19 and 20 in DP 702257 and Lot 1 in DP1204160, situated between Murray, Warden, Winall and Holmes Streets, Moama NSW 2731. The site is zoned R1 General Residential, and is mapped as Murray REP2 –Riverine Land but is not located within an Urban Release Area. The subject site is mapped to contain Terrestrial Biodiversity (Vegetation) and located within the Bush Fire mapping area. No known items of environmental heritage significance are located on the site or in the immediate vicinity of the site. The subject lot is approximately 4.033ha in area, which encompasses the entire proposed development.

The subject land is located to the eastern side of the Moama urban area, with established dwellings being located immediately adjacent in Murray Street. The subject land adjoins bushland to the north and east, existing residential development to the west and existing residential / commercial operation to the south.

The subject land contains a single shed in the north west corner of the land, within current Lot 19. The area surrounding the shed includes a small hardstand area, rural type fencing and associated landscaping, including exotic species. The land is otherwise undeveloped and presents to the area as a large urban lot with no other uses identified on the land.

The property has been partially cleared for residential and urban uses, however contains patches of vegetation, particularly along Holmes Street frontage through the centre of the land and at Warden Street. The vegetation is limited to River Red Gum and Box Trees, with little understorey vegetation evident.

The topography of the site is flat, with gentle fall to the south from Holmes Street across the site towards Warden Street. No watercourses or other site features are noted on the property. The Murray River environs are located some 300m south, with general landscape tending in that direction.

Council Local Environmental Flood planning maps does not encompass the site and the eastern boundary of the property is bounded by the Moama town levee.

See Figure 1 for locality and Figure 2 for an aerial photo of the subject land.

Figure 1 - Locality map

Figure 2 - Aerial photograph of subject land

Proposal

The development application is for the demolition of the existing buildings and structure, re-subdivision of the subject land into 37 residential lots, removal of vegetation and civil works associated with the proposed subdivision. The components of the development application are detailed below:

1. Demolition – The demolition of the existing structures in the north west corner of the land. This includes an existing shed, small ancillary building, timber fence and associated landscaping.

2. Native Vegetation Removal – It is proposed to remove 49 existing large native trees and 76 smaller natives or exotic species from the property in order to establish the new internal services and infrastructure and enable suitable building envelopes for the new buildings on the proposed lots. The majority of the vegetation to be removed is from within the lot boundaries and includes River Red Gums and only two Box species.

Only three trees are to be removed from the Warden Street road reserve and four trees from Holmes Street, with access driveways proposed to each lot fronting these streets in a form that will avoid the need for removal of significant number of trees.

3. Subdivision – The proposal seeks to re-subdivide the existing 20 lots into 37 residential lots and creation of a new public road. The development will be arranged along a new internal cul-de-sac, with 16 lots accessed along the new internal road. 8 lots are to address Holmes Street in the north and 13 lots to address Warden Street. No lots will have their primary frontage to Murray Street.

Proposed lot sizes are generally large urban lots, however 7 lots addressing Warden Street are proposed to be higher density ‘townhouse’ lots approximately 500m² in area. All other proposed lots will range between 822m² and 1.113m².

It is considered that all proposed allotments are appropriately designed and have an appropriate allotment size. All lots, which form part of the proposal, comply with the minimum lot size provisions affecting the land and will be able to be fully serviced by all relevant services.

Figure 3 - shows the proposed subdivision layout

Statutory Assessment Process

2.1 Environmental Planning and Assessment Act 1979

Section 5 Objects

The objects of this Act are:

(a) to encourage:

(i) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

Comment: It is considered that the proposed development is not inconsistent with this object. The subject site is zoned R1 General Residential which supports residential development. Noting that a number of native trees will be required to be removed as a result of the proposed development.

(ii) the promotion and co-ordination of the orderly and economic use and development of land,

Comment: It is considered that the proposed development is not inconsistent with this object. The proposed subdivision has the potential to provide orderly and economic use and development of the subject site.

(iii) the protection, provision and co-ordination of communication and utility services,

Comment: The proposed development is consistent with this object.

(iv) the provision of land for public purposes,

Comment: The proposed development is consistent with this object.

(v) the provision and co-ordination of community services and facilities, and

Comment: The proposed development is considered not inconsistent with this object.

(vi) the protection of the environment, including the protection and conservation of native animals and plants, including threatened species, populations and ecological communities, and their habitats, and

Comment: It is considered that the proposed development does not adversely affect upon the natural environment. A number of native trees will be required to be removed as part of the proposed development to permit the installation of required infrastructure and future buildings.

The applicant has submitted a Threatened species assessment report that suggested that native wildlife will be displaced as a result of the development but it is questionable whether the loss of a small area of agriculture pasture with some native vegetation would have a localised effect upon the long term survival of threatened species of the Murray Fans sub bioregion.

(vii) ecologically sustainable development, and

Comment: It is considered that the proposed development is not inconsistent with this object.

(viii) the provision and maintenance of affordable housing, and

Comment: The proposed subdivision has the potential to provide the opportunity for affordable housing within Murray River Council.

(b) to promote the sharing of the responsibility for environmental planning between the different levels of government in the State, and

Comment: The proposed development was notified to the required Governmental authorities, who have issued their respective conditions of consent where applicable.

(c) to provide increased opportunity for public involvement and participation in environmental planning and assessment.

Comment: The application was notified to surrounding property owners in accordance with legislation and Council’s Notification Policy. Six public submissions were received. These submission are outlined latter in this report.

Section 5A

Comment: the Applicant had a threatened species impact assessment completed which concluded:

“the property currently provides habitat for more common indigenous bird species. Whilst, threatened bird species were not recorded on the property on the day of the survey, the property could nevertheless provide habitat for some threatened species. The only way to determine if the property is frequented by threatened species is for a series of repeat surveys to be completed.

It is questionable whether the loss of a small area of agricultural pasture and some native vegetation would have localised adverse effect upon the long-term survival of threatened species of the Murray Fans sub-bioregion. In addition, the loss of the approximately 4 hectares of farmland with remnant vegetation to residential development would not cause further fragmentation of the vegetation as the current eastern boundary of urban Moama., which currently ends on the western side of Murray Street would be pushed to the eastern side of Murray Street. Nevertheless, the loss of native vegetation and exotic pasture will be further decrease in habitat available to more common species of indigenous birds that can utilise a pasture agricultural landscape and possibly some listed threatened species of wildlife. Native wildlife will be displaced by the development of the property into residential housing.”

It is considered that the proposed development is unlikely to have a significant effect on threatened species, populations or ecological communities, or their habitats. No identified threatened species, populations or ecological communities, or their habitats were located on the subject land through the threatened species survey.

Section 79BA

Comment: Not applicable. The application is for a residential subdivision.

Section 91 - Integrated Development

Comment: the site is mapped as bushfire prone and as a result Section 100B of the Rural Fires Act 1997 requires that a Bush Fire Safety Authority be issued by the NSW RFS for development classified as special fire protection purposes. As a result, the application was referred to the NSW RFS for comment as the development was deemed integrated.

Figure 5 - Bush Fire Prone Land mapping

2.2 Chronology of Events and Public Notification and Statutory Referral Process Application History/Timeline

Application lodged and fees paid	20 February 2018
DA Panel	13 March 2018
Further information requested	22 March 2018
Further information received	16 April 2018
Referred to Engineering Department for initial comment	18 May 2018
Public Notification	18 May 2018
Referral under REP2	18 May 2018
Integrated development notification	18 May 2018
Forwarding submission to applicant	26 June 2018
Requests from Planning Department to Engineering Department to clarify comments	10 July 2018
Integrated response received from NSW RFS	31 July 2018
Additional information from applicant provided (address OEH requirements)	2 August 2018
OEH comments referred to applicant	22 August 2018
Applicant response to address OEH concerns	29 August 2018
OEH response	31 September 2018
Report completed	16 October 2018
Report Considered by Council
Rescission motion

2.3 Referrals and Owners Consent

Internal Referrals	· DA Panel · Engineering Department
External Referrals	· NSW RFS · NSW Department of Primary Industry – Fisheries · NSW Environmental Protection Authority · NSW Office of Environment and Heritage · NSW National Parks and Wildlife Service · Murray Darling Basin Association · NSW Department of Industry – Natural Resources Access Regulator (Water) · NSW Department of Industry – Crown Lands · Water NSW · Forestry Corporation NSW
Advertised	Placed in media
Public Notification	Adjoining property owners were notified
Owner’s Consent	Provided

2.4 Contributions

Section 64 charges and Section 94 Development Contributions are required for the additional residential allotments proposed to be created.

Town Planning Assessment

Assessment of the modified development application has been undertaken in respect to relevant considerations arising from Section 14.5 of the Environmental Planning and Assessment Act 1979 as follows:

3.1 Section 14.5 Evaluation

(1) Matters for consideration-general

In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

(a) the provisions of:

(i) any environmental planning instrument, and

(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), and

(iii) any development control plan, and

(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, and

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),

that apply to the land to which the development application relates,

(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,

(c) the suitability of the site for the development,

(d) any submissions made in accordance with this Act or the regulations,

(e) the public interest.

3.2 Section 14.5 Evaluation – (1)(a) The Provisions

3.2.1 Section 14.5 Evaluation – (1)(a)(i) Environmental Planning Instruments:

Ø Murray Local Environmental Plan 2011

Part 1 Preliminary

Clause 1.2 Aims of Plan

(1) This Plan aims to make local environmental planning provisions for land in Murray in accordance with the relevant standard environmental planning instrument under section 33A of the Act.

Comment: Noted.

(2) The particular aims of this Plan are as follows:

(a) to encourage sustainable economic growth and development within Murray,

Comment: It is considered that the proposed development is not inconsistent with this aim. The proposed subdivision has the potential to provide economic growth and development within Murray River Council by providing additional residential allotments for future development.

(b) to encourage the retention of productive rural land in agriculture,

Comment: The proposed development complies with this aim with the subject site is zoned R1 General Residential and therefore is zoned for residential purposes.

(c) to identify, protect, conserve and enhance Murray’s natural assets,

Comment: The proposed development does not adversely impact Murray’s natural assets.

(d) to identify and protect Murray’s built and cultural heritage assets for future generations,

Comment: The subject site does not contain any known items of environmental heritage significance.

(e) to allow for the equitable provision of social services and facilities for the community,

Comment: The proposed modification is considered to be consistent with this aim.

(f) to encourage and focus growth in the Moama and Mathoura townships,

Comment: The proposed development is consistent with this aim. The subject site is zoned R1 General Residential and is located within the Moama township.

(g) to provide for future tourist and visitor accommodation in a sustainable manner that is compatible with, and will not compromise, the natural resource and heritage values of the surrounding area.

Comment: Not applicable. The proposed development is a residential subdivision.

Clause 1.9 A Application of covenants, agreements and instruments

Comment: For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

Part 2 Permitted or prohibited development

Clause 2.3 Zone objectives and Land Use Table (development permissibility)

The land is zoned R1 General Residential.

The objectives of this zone are;

· 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 provides facilities or services to meet the day to day needs of residents.

· To avoid potential land use conflict and protect the amenity of residents.

· To provide for tourist and visitor accommodation in appropriate locations.

Comment: The proposed development is considered to be consistent with the objectives of the zone. The proposed development continues to provide for a variety of housing densities in Moama. The proposed lot size ranges from 500 m² up to larger corner allotments of 1,000 plus m² (max area 1,113m²)

The proposed subdivision design continues to incorporate allotments that may result in land use conflict with the commercial operation directly opposite the proposed sites that front Warden Street. The business involves the operations of cranes that may operate at extended hours of the day and night resulting in potential noise conflict.

If conflict were to result the commercial operator would be required to comply with the NSW EPAs Industrial Noise Policy.

Permissibility: The application is for the subdivision of the subject land. Subdivision of land is permissible with consent. See Clause 2.6 of this report for more information.

Clause 2.4 Unzoned land

Comment: not applicable

Clause 2.5 Additional permitted uses for particular land

Comment: not applicable

Clause 2.6 Subdivision—consent requirements

Comment: The Applicant has applied for Council consent for the proposed development.

Clause 2.7 Demolition requires development consent

Comment: The application involves the demolition of existing buildings which form part of the application.

Clause 2.8 Temporary use of land

Comment: Not applicable.

Part 3 Exempt and complying development

Clause 3.1 Exempt Development

Comment: The application does not meet the requirements to be classed as exempt development, therefore a development application is required.

Clause 3.2 Complying Development

Comment: The application does not meet the requirements to be classed as exempt development, therefore a development application is required.

Clause 3.3 Environmentally sensitive areas excluded

Comment: Noted – not applicable as development is neither exempt of complying

Part 4 Principal development standards

Clause 4.1 Minimum subdivision lot size

Comment: All allotments forming part of the proposed modified subdivision are equal to or above 450m², which is the minimum size outlined on the lot sizes map.

Clause 4.1AA Minimum subdivision lot size for community title schemes

Comment: Not applicable.

Clause 4.1A Minimum subdivision lot size for strata plan schemes in certain rural, residential and environmental zones

Comment: Not applicable.

Clause 4.1B Minimum subdivision lot sizes for certain split zones

Comment: Not applicable.

Clause 4.2 Rural Subdivision

Comment: Not applicable.

Clause 4.2A Erection of dwelling houses on land in certain rural and environmental protection zones

Comment: Not applicable.

Clause 4.2B Rural workers’ dwellings

Comment: Not applicable.

Clause 4.2C Exceptions to minimum lot sizes for certain rural subdivisions

Comment: Not applicable

Clause 4.2D Boundary adjustments in Zones RU1 and E3

Comment: Not applicable

Clause 4.3 Height of buildings

[Not adopted]

Clause 4.4 Floor Space Ratio

[Not adopted]

Clause 4.5 Calculation of floor space ratio and site area

[Not adopted]

Clause 4.6 Exceptions to development standards

Comment: Not applicable.

Part 5 Miscellaneous provisions

Clause 5.1 Relevant acquisition authority

Comment: Not applicable.

Clause 5.2 Classification and reclassification of public land

Comment: Not applicable.

Clause 5.3 Development near zone boundaries

Comment: Not applicable.

Clause 5.4 Controls relating to miscellaneous permissible uses

Comment: Not applicable.

Clause 5.5 Development within the coastal zone

[Not applicable]

Clause 5.6 Architectural roof features

[Not applicable]

Clause 5.7 Development below mean high water mark

[Not applicable]

Clause 5.8 Conversion of fire alarms

Comment: Not applicable

Clause 5.9 Preservation of trees or vegetation

Repealed.

Clause 5.9AA Trees or vegetation not prescribed by development control plan

Repealed.

Clause 5.10 Heritage Conservation

Comment: The subject site does not contain any known items of environmental heritage significance, and there are no known items of environmental heritage significance in the immediate vicinity.

The Applicant completed a AHIMS survey and completed the required process as detailed in the Due Diligence Code of Practice for the Protection of Aboriginal Objects and such did not reveal or identify any heritage items or conservation areas, or any Aboriginal place of heritage significance on the subject land.

Clause 5.11 Bush fire hazard reduction

Comment: Noted.

Clause 5.12 Infrastructure development and use of existing buildings of the Crown

Comment: Not applicable.

Clause 5.13 Eco-tourist facilities

Comment: Not applicable.

Clause 5.14 Siding Spring Observatory—maintaining dark sky

[Not adopted]

Clause 5.15 Defence communications facility

[Not adopted]

Part 6 Urban Release Areas

Comment: The land is not located within the mapped Urban Release Area.

Part 7 Additional local provisions

Clause 7.1 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:

Subclause	Comment
(a) the supply of water,	· All allotments will be connected to Council’s existing filtered water system. · The raw water main will be required to be extended at the expense of the developer and such will be incorporated into the conditions of consent, if approval is granted.
(b) the supply of electricity,	· Electricity is available. Any extension or connection of services will be required to be completed by the developer and at the developers expense.
(c) the disposal and management of sewage,	· All proposed allotments will be required to connect to Council’s sewer and this will required the extension of the existing infrastructure. The sewer mains will be required to be extended at the expense of the developer and such will be incorporated into the conditions of consent, if approval is granted. · The sewer is proposed to be run parallel and inside the adjoining levee to connect into Council’s infrastructure in Council Street.
(d) stormwater drainage or on-site conservation,	· Stormwater will be managed in accordance with the Engineering Department requirements. Stormwater will be piped into the existing infrastructure positioned within Murray Street. · Council’s Engineering Department have reviewed all documentation and have no objection to the proposed stormwater management proposal. All required works will be at the expense of the developer.
(e) suitable road access	· The access to the development site will be off Murray Street. The developer proposes to obtain internal access via a cul-de-sac. Council is advised that this proposal does not meet the requirements of Council’s DCP, however the applicant has provided justification as to why the cul-de-sac option is preferred. · The two main restrictions on the design as advised by the developer relate to the levee along the eastern property boundary and the native vegetation that lines the road reserve to the north and south of the property. Because of these constraints that developer has opted for the cul-de-sac thus minimising the disturbance of the native vegetation within the road reserves.

Clause 7.2 Earthworks

Comment: The modified application is not inconsistent with this clause. It is considered that any earthworks required are ancillary to the subdivision of land in which the Applicant is applying for consent. Any development consent will be appropriately conditioned to protect the environment.

Clause 7.3 Biodiversity Protection

Comment: The subject land is covered by Council’s biodiversity mapping and as a result, the application was referred to NSW OEH for comment.

To minimise the impact of the development on the native vegetation Council will require the developer to undertake an arborist’s assessment of all trees with a 200mm DBH and on completion of same the developer will be required to implement the recommendations of the report at their expense.

The initial OEH response resulted in the applicant being required to prepare a threatened species assessment by a consulting ecologist. In summary, the threatened species impact assessment concluded:

‘the property currently provides habitat for more common indigenous bird species. Whilst, threatened bird species were not recorded on the property on the day of the survey, the property could nevertheless provide habitat for some threatened species. The only way to determine if the property is frequented by threatened species is for a series of repeat surveys to be completed.

In reviewing the documentation, it is suggested that the Ecologist is indicating that there were no threatened species noted on site, however such advice may be limited based on the length of the study and a true impact can only be determined by increasing the length of the survey.

The report also indicated that the true impact of the proposed development would be more aligned to displacing native wildlife.

Figure 6 – Biodiversity overlay (vegetation)

Figure 6 indicates that the mapped biodiversity is predominantly located within Council’s road reserves and along the levee. The Applicant has indicated that the retention of the additional native vegetation on the site will ensure retention of habitat for native fauna. The development through design has already retained the significant communities of Grey Box Trees located in the northern and southern road reserves of the site. Given that the property is zoned for residential use, it is considered that the design provides a balance achieving sustainable development.

To protect this vegetation it will be proposed to install a 5-meter buffer / easement within the subject site parallel and adjacent to Holmes, Warden and Winall Streets. This buffer is deemed necessary to ensure Council has access to maintain these trees as they grow and the site becomes developed. Experience has indicated that as dwellings are constructed and yards developed that there is an expectation by the land owners that Council will maintain the vegetation within its road reserves. This buffer / easement enables Council to access the sites to undertake the required works.

Note that Council has required subdivisions of a similar nature to implement same.

Council is also advised that the study was referred to NSW OEH did not provide any objection to the final design and documentations as submitted by the Applicant.

Clause 7.4 Development on river front areas

Comment: Not applicable. The subject land is not located in a river front area.

Clause 7.5 Riparian land and Murray River and other watercourses-general principles

Comment: Not applicable. The subject land is not located on riparian land.

Clause 7.6 Additional provisions-development on river bed and banks of the Murray and Wakool Rivers

Comment: Not applicable. No development is proposed on the river bed and banks of the Murray or Wakool Rivers.

Clause 7.7 Wetlands

Comment: Not applicable. The subject land is not mapped as Wetlands.

Clause 7.8 Flooding

(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.

Comment: It is considered that the proposed development is consistent with the objectives of the clause based on the site being protected by the levee.

Schedule 1 Additional permitted uses

Comment: Not applicable.

Schedule 2 Exempt development

Comment: Not applicable.

Schedule 3 Complying development

Comment: Not applicable.

Schedule 4 Classification and reclassification of public land

Comment: Noted.

Schedule 5 Environmental heritage

Comment: Noted.

Ø Murray Regional Environmental Plan 2 – Riverine Land

Comment: The subject site is mapped as Murray Regional Environmental Plan 2 – Riverine Land.

Figure 7 – Murray REP2 Riverine Land mapping

Part 1 Introduction

Clause 2 Aims of the plan

Comment: The proposed development is considered to not be inconsistent with the aim of Murray REP 2. The proposed development will help to conserve and enhance the riverine environment of the River Murray for the benefit of all users as it is set back from the river and storm water will be managed through existing infrastructure and discharging into a wetland system prior to entering the river.

Clause 3 Objectives of the plan

Comment: The proposed development is considered to be not inconsistent with the objectives of Murray REP 2. The proposed development will not adversely affect the riverine environment of the River Murray as it is set back some 300 meters from same.

Clause 4 Where the plan applies

Comment: Noted.

Clause 5 How this plan affects other plans

Comment: Noted.

Part 2 Planning principles

Clause 8 When planning principles should be applied

Comment: Noted.

Clause 9 General principles

Comment: The proposed development is considered to be consistent with the general principles of Murray REP 2.

Chapter 7 Subdivision

Comment: It is noted that the proposed development is consistent with the layout, staging or design of the proposed subdivision.

Subchapter

Objectives

Controls

Comment:

7.1

Context

Consistent

Partially Consistent

· The proposed layout and lot design of the subdivision are considered to be consistent with the objectives of the subchapter, and suitable for its context.

7.2 Neighbourhood Character

Consistent

· The proposed subdivision is generally consistent and compatible with the theme and neighbourhood character of the area. The development surrounding the site to the north-west and west incorporates a high density residential nature. The development to the east is separated from the site by the Moama Flood Levee and incorporates residential development of rural in nature.

· The development to the south of the site is commercial in nature and there is the potential for this to create conflict based on the types of activity. The main potential concern would be based around noise and the impact that such may have on the amenity of potential future residential properties.

· The impact of the commercial development on existing residential properties does not appear that great and there is the potential that both can co-exist.as is the current scenario in the event that noise complaints are received from future residential property owners the commercial operation will be required to adhere to the NSW EPA Industrial Noise Policy.

7.3

Staging

Consistent

· The development does not incorporate staging.

7.4

Movement Network

Consistent

Inconsistent

· The proposed movement network as part of the proposed development promotes easy movement for vehicles and pedestrians. The proposed subdivision will provide a central cul-de-sac connecting to Murray Street.

· Access to a number of residential properties will be provided directly off both Warden and Holmes Streets.

· The proposed subdivision will be required to provide for pedestrian and cycle movement along Murray Street. Additional path networks have not been provided along Warden and Holmes Streets due to the potential impacts on the existing native vegetation.

· A cul-de-sac is proposed and the applicant has indicated that such was unavoidable due to the constraints placed on the development by the native vegetation in the road reserves along Warden and Holmes Streets. If a through road was installed in a north – south direction it would result in the loss on significant native vegetation both on the road reserves and within the property. A through road cannot be design in the east – west direction as the site is constrained by the Moama Flood Levee. Council’s Engineering Department did not raise any concerns with respect to the cul-de-sac from a traffic movement perspective.

· Even though the cul-de-sac does not directly meet the requirements of Council’s DCP it would not appear to create any significant issue to warrant refusal based around the justification.

7.5

Activity Centres and Community Facilities

Consistent

· Not applicable. The land is not identified by Council’s Strategic Land Use Plan or Moama North West Masterplan for use as an Activity Centre or Community Facility.

7.6

Public Open Space

Consistent

· The proposed subdivision will not provide any open space.

· The Applicant has indicated that public open space is not required based on the following:

- already existing 20 lots and therefore only creating an additional 17 lot and thus under the 25 lot threshold,

- close proximity to the Murray River and associated Reserve,

- creating a path network and connection to the levee bank.

7.7

Landscaping

Consistent

· Preliminary details have been provided in correspondence in respect to landscaping. Any development consent will include a condition of consent requiring a detailed landscaping plan to be prepared and submitted prior to the release of the Construction Certificate.

7.8

Lot Design

Consistent

· The proposed subdivision is deemed consistent with the objectives of the subchapter. The proposed allotments provide sufficient room for the construction of dwelling houses which are appropriately sited, whilst allowing for solar access, private open space, vehicle access and parking.

· The proposed allotment design is satisfactory and comprises mainly rectangular allotments that promote the objectives of this section. All proposed allotments are able to contain a 10m by 15m building envelope if such were required.

7.9 Infrastructure and Services

Consistent

Partially Consistent

· Preliminary engineering plans were submitted with the application which Council’s Engineering Department have considered to be satisfactory. Preliminary details have been discussed under Clause 7.1 of Murray LEP 2011 within this report. Further investigation and engineering details will be required prior to the release of any Construction Certificate which will form a condition of development consent.

7.10

Natural Hazards

Consistent

· A portion of the lots are mapped as bush fire prone and as a result the application was referred to the NSW RFS.

· The NSW RFS responded with no objections and issuing their GTAs.

7.11

Site Management

Consistent

· The proposed subdivision is consistent with this subclause. Stormwater Management and Sediment Erosion Control Plans will be required in accordance with any development consent issued.

Chapter 9 Vegetation Removal

Comment: Vegetation is proposed to be removed as part of the proposed development. As indicated previously within this assessment a Threatened Species Impact Statement was prepared and submitted for consideration. The applicant also provided addition information in response the OEH concerns. After reviewing all information the OEH did not object to the proposed development proceeding.

Council is advised that the proposed development will affect the native vegetation located within Council’s road Reserve, in particular in Holmes and Warden Streets. This impact will result due to access being required to the proposed residential lots that face/access directly onto these streets. The developer has positioned the access roads in an attempt to minimise the impact on the tree root zones.

There are two other considerations for Council in relation to the vegetation located within the road reserves, these being:

(a) Initial removal and pruning: the development will result in a number of trees to be removed and / or pruned. To ensure that this is undertaken in an approved manner there will be the requirement for an arborist assessment to be undertaken on all trees with a 200mm DBH. This will ensure that only suitable trees will be removed and that all trees will be made safe through appropriate pruning.

(b) Ongoing maintenance will be required to be undertaken on the trees to reduce risk on future properties. This type of activity is required to be undertake by Council on other residential subdivisions within Moama where native vegetation sits adjacent to residential property boundaries. To enable this maintenance to occur a 5 meter buffer/easement will be required along Holmes and Warden Streets and the levee boundary to ensure Council has access to complete the required works. This process has been conditioned on similar subdivision approvals within Moama.

To ensure the ratepayer is not burdened with the cost for assessing, pruning and/or removing the trees such cost should be borne by the developer through a condition of consent.

Chapter 11 Flood Prone Land

Comment: The subject land is not mapped as Flood Prone Land under the Murray LEP 2011; however, it is also protected by the Moama Town Flood Levee.

Chapter 12 Notification

Comment: The modified application was notified to relevant agencies and adjoining property owners in accordance with this plan. Six (6) public submissions were received (attached as Appendix).

3.2.4 Section 14.5 Evaluation – (1)(a)(iiia) Any Planning Agreements:

Comment: No planning agreements exist on the subject site.

3.2.5 Section 14.5 Evaluation – (1)(a)(iv) The Regulations:

Comment: The regulations have been considered during the assessment of this development application.

Council’s Section 7.11 Development Contributions Plan 2011 was adopted and reviewed in accordance with the Environmental Planning and Environment Act 1979 and Regulations. It is considered that the requirement for payment of Section 7.11 Contributions is to be implemented.

3.2.6 Section 14.5 Evaluation – (1)(a)(v) Coastal Zone Management Plan:

Comment: Not applicable.

3.3 Section 14.5 Evaluation – (1)(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:

3.3.1 Environmental Impacts

Natural Environment

· Native Vegetation: The Applicant does propose to remove native vegetation as detailed elsewhere in this report.

· Threatened Species: It is considered that the proposed development will not have any adverse impact on threatened species. This matter has been addressed through the development of a Threatened Species Impact Assessment plus OEH raising no objections. This has been discussed previously throughout this assessment report.

· Fauna: It is considered that the proposed development will not have any adverse impact on native fauna. The subject land does not contain any significant native vegetation or habitat and adjoins existing urban development.

· Bushfire: The subject land is mapped as Bush Fire Prone Land and the NSW RFS have provided their GTAs.

· Flooding: The subject land is not mapped as Flood Prone Land.

· Soil: The subject land is unaffected by severe salinity, erosion, acid sulphate, subsidence, water logging or unstable land.

· Air: The proposed development is not expected to have any unreasonable impacts on air quality. Any development consent will be appropriately conditioned to ensure that during construction appropriate measures are implemented to control dust.

· Landscaping: Preliminary details have been provided in correspondence in respect to landscaping. A condition of consent requires a detailed landscaping plan to be prepared and submitted.

Built Environment

· Built Heritage: The subject land does not contain any known items of environmental heritage significance, whilst no known items of environmental heritage significance adjoin the subject land.

· Indigenous Heritage: The subject land is not known to contain any sites or artefacts of Indigenous heritage significance. The subject land has been disturbed for many years and it likely that any Indigenous heritage that did once exist has already been disturbed by human activity. The applicant has also completed an AHIMS, which did not reveal Aboriginal places within the subject land.

· Character: The character of the area is represented by a high-density residential feel to the North West and west. To the east is a rural residential property with development restricted by the flood plain. To the south is residential development, however the property immediately opposite on Warden Street is a residential dwelling and commercial operation. The proposed residential development attempts to ensure compatibility with this existing character by proposing lots of a similar size to that with the R1 zone.

· Traffic: The proposed subdivision of 37 residential allotments will result in an increase in traffic/vehicle movements. It is envisaged that this will generate approximately 297 additional vehicle trips daily on the surrounding roads. It is considered that the existing road network will be able to cater for the additional traffic generated by the proposed modified development. The proposed design of this road network is considered satisfactory subject to more detailed design plans being prepared in accordance with Council’s standards. There are also pedestrian and cycle paths proposed to link the proposed modified subdivision to the surrounding township and communities facilities, which is considered an appropriate outcome.

Social Impacts

The proposed development is not expected to create any detrimental social affects. The proposed subdivision is to be another residential estate, which will provide a further supply of residential land within Moama. The proposed residential estate will be well connected and integrated with the existing community.

Economic Impacts

The proposed development is not expected to create any detrimental economic affects. The proposed development has the potential to create positive economic impacts through the construction of the subdivision and the subsequent construction of dwelling houses erected within the subdivision subject to separate development consent.

3.4 Section 14.5 Evaluation – (1)(c) The Suitability of the Site for the Development:

Comment: The subject land is considered suitable for the proposed residential development. The subject site has been strategically identified for future residential development in Council’s Strategic Land Use Plan, which was reflected in the preparation of the Murray LEP 2011. The proposed development reflects the identified strategy and statutory land use. The design of the proposed subdivision aims to integrate with possible future residential development to the east of Moama.

3.5 Section 14.5 Evaluation – (1)(d) Any Submissions Made in Accordance with this Act or the Regulations:

3.5.1

NSW Rural Fire Service	No objection and GTA
OEH	No objection and GTA
NSW Environmental Protection Authority	No objection and GTA
Murray-Darling Basin Authority	No objection
NSW Department of Primary Industry - Fisheries	No objection and GTA
Water NSW	No objection and GTA
NSW Office of Environment & Heritage	No response
NSW National Parks & Wildlife Service	No response
Murray Darling Association	No response
NSW Department of Industry – Natural Resources Access Regulator (Water)	No objection
NSW Department of Industry – Crown Lands	No response
Forestry Corporation NSW	No response

3.5.2 Public Submissions

Six (6) public submissions were received and are outlined in the below table.

Submission No.	Submission	Comment
1.	· Concern regarding natural watercourse and limited plans detailing drainage and waste water from the development and impact on neighbours. · If addressed, no objection.	The applicant has submitted a stormwater feasibility study, which was assessed by Council’s Engineering Department and deemed satisfactory.
2.	· Objection based on lack of detail on flood, stormwater details. · The current drainage system does not manage stormwater run-off during heavy rain events.	The applicant has submitted a stormwater feasibility study which was assessed by Council’s Engineering Department and deemed satisfactory.
3.	· Impact of stormwater/drainage on our property. The water builds up and there is a need to clear blocked drains in order to disperse the water, which can take days.	The applicant has submitted a stormwater feasibility study which was assessed by Council’s Engineering Department and deemed satisfactory.
4.	· Impact on neighbouring properties appears not to have been considered, especially from a run-off event. - Clearance of vegetation will increase run-off - Increasing housing density will increase run-off - Building up of blocks, associated roads and gutters will increase run-off and impact on our property - Drainage design for Catchment B does not appear to recognize drainage is not confined to underground pipes. Potentially lead to flooding impacts of our property.	The applicant has submitted a stormwater feasibility study which was assessed by Council’s Engineering Department and deemed satisfactory.
5.	· Discusses drainage pattern prior to the construction of the levy – concerns relating to stormwater runoff .	The applicant has submitted a stormwater feasibility study which was assessed by Council’s Engineering Department and deemed satisfactory.
6.	Issues as follows: · When purchased property 3 months ago led to believe only 20 lots by agent, which is now false. · Removal of native vegetation. · Increase from 20 to 37 lots compound matters, object no formal planning, matter rushed and commune housing. · No feasibility study in relation to impact on schools, services and special schools. · Traffic increase, rubbish dumping. · Lack of letter sent out by Council and lack of signage. · Impact on neighbouring business. · No objection to 20 block.	Noted, not a planning consideration Considered in assessment, in addition OEH raised no objections. Council completed strategic review in 2011, which reconfirmed land, be zoned for residential purposes. Noted, impact of an additional 17 residential houses on services not deemed detrimental. Traffic infrastructure considered capable of managing additional traffic by Council’s Engineering Dept. Illegal dumping of waste not a planning consideration. Notification undertaken in accordance with Council’s DCP requirements. Potential for conflict especially from noise perspective and as indicated above from a stormwater management perspective. Noted.

3.6 Section 14.5 Evaluation – (1)(e) The Public Interest:

Comment: The public’s interest has been considered throughout the assessment of this development application under Section 14.5 of the Environmental Planning and Assessment Act 1979. In this instance it is considered that the proposed development is consistent with the public interest.

3.7 Summary

Comment: The application has been assessed in accordance with the considerations of Section 14.5 of the Environmental Planning and Assessment Act 1979. The proposed layout and lot design of the subdivision, development of a further 37 residential lots, the construction of roads and associated infrastructure is considered appropriate and in line with Council’s Murray LEP 11, strategic land use plan and DCP.

As such, it is recommended that development consent be granted for the proposed development subject to appropriate conditions of modified development consent.

Section 4: Recommendations

It is recommended that Development Application 040/18 for a 37 Lot Residential Subdivision at Lot 1-17, 19 & 20, DP702257 and Lot 1, DP1204160 (Warren and Holmes Street, Moama) be approved, subject to the conditions of consent, as referred to in Section 5 (Conditions of Consent) of this Report.

Section 5: Conditions of Consent

Conditions Prescribed by the Environmental Planning and Assessment Regulation 2000 That Must be Fulfilled

(A) Prescribed Conditions of Development Consent in Accordance with Division 8A of the Environmental Planning and Assessment Regulation 2000 That Must be Fulfilled

· Clause 98: Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989

· Clause 98A: Erection of signs

· Clause 98B: Notification of Home Building Act 1989 requirements

· Clause 98C: Conditions relating to entertainment venues

· Clause 98D: Condition relating to maximum capacity signage

· Clause 98E: Condition relating to shoring and adequacy of adjoining property

Please refer to the NSW State legislation for full text of the clauses under Division 8A of the Environmental Planning and Assessment Regulation 2000. This can be accessed at http://www.legislation.nsw.gov.au.

Reason: Prescribed by the Environmental Planning and Assessment Regulation 2000.

General Conditions That Must be Fulfilled

1. Approved plans

The subdivision must be carried out in accordance with the following approved preliminary plans and information submitted to and approved by Council except where Council has been notified and consented to any amendments:

(a) Development Application Murray, Warden and Holmes Street, Moama 37 lot subdivision and removal of vegetation prepared by Habitat Planning (Dated February 2018)

(b) Bushfire Assessment Report Murray, Warden and Holmes Street, Moama 37 lot subdivision and removal of vegetation prepared by Habitat Planning (Dated February 2018)

(c) Estate 2731, Moama Landscape Master Plan Drawing No M6166 (Sheets 1 and 2) (dated 12/02/2018) prepared by North East Survey Design

(d) Estate 2731, Moama Landscape Concepts Drawing No M6166 (dated 12/02/2018) prepared by North East Survey Design

(e) Service Plan 37 Residential (R1) Subdivision Estate 2731 Moama Drawing No 6166(dated 05/02/2018) prepared by North East Survey Design

(f) ODP Plan 37 Residential (R1) Subdivision Estate 2731 Moama Drawing No 6166(dated 05/02/2018) prepared by North East Survey Design

(g) Storm Water & Sewer Feasibility Report – Murray Street, Moama prepared by North East Survey Design

(h) Threatened Species Assessment at 28 Murray Street, Moama (dated July 2018) prepared by Bill (W.E.) Richdale: Consulting Ecologist.

Reason: To ensure that the development is carried out as assessed and advertised.

2. Engineering Guidelines for Subdivisions and Development Standards

The developer must comply with Council’s Engineering Guidelines for Subdivisions and Development Standards in conjunction with the advice from Council’s Engineering Department.

Reason: To ensure that the subdivision is carried out in accordance with Council’s Subdivision Development Requirements.

3. Water supply work, sewerage work and stormwater drainage work

Water supply work or sewerage work that is plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011 must comply with that Act and the regulations under that Act. Any water supply work or sewerage work that is not plumbing and drainage work under that Act, and any stormwater drainage work, must comply with the Plumbing Code of Australia.

Reason: Council and Statutory requirement of Local Government (General) Regulation 2005.

4. Aboriginal Cultural Heritage

If any Aboriginal object is discovered and/or harmed in, or under the land, while undertaking the proposed development activities, the proponent must:

· Not further harm the object;

· Immediately cease all work at the particular location;

· Secure the area so as to avoid further harm to the Aboriginal object;

· Notify NSW OEH as soon as practical on 131 555, providing any details of the Aboriginal object and its location; and

· Not recommence any work at the particular location unless authorised in writing by NSW OEH.

In the event that skeletal remains are unexpectedly encountered during the activity, work must stop immediately, the area secured to prevent unauthorised access and NSW Police and NSW OEH contacted.

All reasonable precautions must be taken to prevent damage to Aboriginal objects.

For more information please refer to the NSW Department of Environment, Climate Change and Water (NSW OEH) document entitled: Due diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales, available: http://www.environment.nsw.gov.au/resources/cultureheritage/ddcop/10798ddcop.pdf.

Reason: To protect Aboriginal heritage.

5. Conditions

All conditions of consent must be fulfilled to the standard of Council and at the expense of the developer.

Reason: To ensure the development is carried out in accordance with Council’s standards.

Conditions that Must be Fulfilled Prior to the Release of the Subdivision Works Certificate

6. Subdivision Works Plans

Full Engineering Plans (Subdivision Works Plans) in respect to the provision of the following services must be submitted with the Subdivision Works Certificate application:

(a) Road Design (Internal road and external roads including Holmes, Murray and Warden Streets) (Note: All roads must have a carriageway width of 8.0 metres and road reserve width of 20.0 metres)

(b) Sewer (including pump stations and associated infrastructure)

(d) Raw Water

(e) Stormwater Management (including utilising Water Sensitive Urban Design)

(f) Environmental and sedimentation

(g) Concrete shared paths (pedestrian and bicycling – 2.5m wide)

(h) Concrete footpaths

(i) Landscaping

(j) Street lighting

(k) Street numbering on submitted plans

(l) Proposed Street names must be provided

(m) Indicative details of utilities (electricity, gas, telecommunications).

These plans must be generally in accordance with the following preliminary plans:

(i) ODP Plan 37 Residential (R1) Subdivision Estate 2731 Moama Drawing No 6166 (dated 05/02/2018) prepared by North East Survey Design

(ii) Service Plan 37 Residential (R1) Subdivision Estate 2731 Moama Drawing No 6166 (dated 05/02/2018) prepared by North East Survey Design

(iii) Estate 2731, Moama Landscape Master Plan Drawing No M6166 (Sheets 1 and 2) (dated 12/02/2018) prepared by North East Survey Design

(iv) Estate 2731, Moama Landscape Concepts Drawing No M6166 (dated 12/02/2018) prepared by North East Survey Design

Where a preliminary plan conflicts with specific requirements set out in the subject conditions of consent, the preliminary plans are deemed subservient.

Details of where any excavated material is to be stored must be submitted to and approved by Council.

These plans must be prepared to the satisfaction of Council’s Engineering Department. The plans must be prepared in accordance with Council’s ‘Guidelines for Subdivisions and Development Standards’ and must be consistent with conditions of this consent. These plans must be approved by Council prior to the release of the Subdivision Works Certificate.

Reason: To ensure the development is appropriately serviced.

7. Water and Utilities

The provision of all water, electricity and gas services shall comply with Section 4.1.3 of ‘Planning for Bush Fire Protection, 2006’.

Reason: To ensure compliance with the NSW Rural Fire Services requirements.

8. Access

All proposed public road access shall comply with section 4.1.3(1) of the ‘Planning for Bush Fire Protection, 2006’.

Reason: To ensure compliance with the NSW Rural Fire Services requirements.

9. Landscaping

All proposed landscaping is to comply with the principles of Appendix 5 of ‘Planning for Bush Fire Protection, 2006’.

Reason: To ensure compliance with the NSW Rural Fire Services requirements.

10. Landscape Plan

The proponent must prepare and implement a Landscape Plan for the development prepared by a suitably qualified person to the satisfaction of Council. A Landscape Plan must be submitted and approved by Council prior to the release of the Construction Certificate for the residential subdivision.

This plan must provide for;

· detail proposed landscaping within the road reserves of the new internal road network and the external road network.

· provide for a combined walking/cycling path through the road reserve

· detail proposed infrastructure to be erected within the reserves.

· provide details of proposed plants relating to size, numbers, planting regime and similar.

· Location of the asset protection zone within the development site boundaries

Once approved, the developer is responsible for the funding and completion of required landscaping in accordance with the approved plan. Landscaping must be completed in accordance with the approved plan prior to the release of the Compliance Certificate.

The developer is responsible for the maintenance and care, including replacement with similar species/age plants of all landscaping for a period of twelve (12) months from release of the Subdivision Certificate/completion of all landscaping.

Reason: To ensure the development is satisfactorily landscaped.

11. Erosion and Sediment Control Plan

An Erosion and Sediment Control Plan must be prepared and submitted to Council with the application for a Subdivision Works Certificate. Exposed surface soil must be stabilised as soon as possible to avoid potential erosion and dust issue. Any stockpile of earth on the site must not be higher than 2m. This plan must be approved by Council prior to the release of the Subdivision Works Certificate.

Reason: To prevent water pollution, to comply with the Protection of the Environment Operations Act 1997, and to ensure that erosion and sediment is appropriately managed during construction.

12. Long Service Levy

A Subdivision Works Certificate must not be issued with respect to the plans and specifications for any subdivision work unless any long service levy payable under the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) has been paid.

Reason: To comply with the Building and Construction Industry Long Service Payments Act 1986.

13. Engineering Supervision and Plan Checking Fees

Engineering Supervision and Plan Checking Fees (2% of Construction Cost of roads, stormwater drainage, water, sewer, shared paths, and any other required infrastructure) must be paid prior to the release of the Subdivision Works Certificate.

Reason: To comply with the Environmental Planning and Assessment Act 1979.

14. Street names

The developer must submit a list of proposed street names for Council’s consideration and approval. The street names must be approved by Council prior to the release of the Subdivision Works Certificate.

Reason: To ensure the development has appropriate street names.

15. Council Infrastructure

Prior to the release of the Subdivision Works Certificate, the developer must submit to Council recent photographs of Council’s infrastructure in the area of the proposed works, to the satisfaction of Council’s Engineering Department.

Reason: To ensure Council receives appropriate documentation prior to works commencing.

16. The developer is to submit to Council for approval a plan that locates the asset protection zone within the development site boundaries and not on Council’s road reserve.

Reason: To comply with NSW Rural Fire Service Planning for Bush Fire Protection (August 2018).

17. The developer is to provide Council an arborist report as prepared by a suitably qualified arborist for approval prior to the removal, pruning of any trees located within Council’s road reserves. The arborists report shall address all trees that have a 200 DBH regardless of whether such trees are to be removed, pruned or similar. The arborists report shall be completed at the cost of the developer.

Reason: To reduce the impact upon native vegetation and reduce safety risks to future land owners.

NOTE: Compliance Certificate

Once works have been completed, the proponent is required to ascertain a Compliance Certificate from Council. Please contact Council’s Engineering Department for more information.

Reason: To ensure the development is appropriately constructed and to comply with the Environmental Planning and Assessment Act 1979.

Conditions That Must be Fulfilled Prior to the Commencement of any Works

18. Subdivision Works Certificate

A Subdivision Works Certificate must be submitted to, and approved by Council prior to any subdivision works taking place.

Reason: To comply with the Environmental Planning and Assessment Act 1979.

19. Erosion and sedimentation controls

Erosion and sedimentation controls must be installed and maintained on site in accordance with the approved plan for the duration of construction works. Erosion and sediment controls must be installed in accordance with the NSW Department of Environment and Conservation “Erosion and Sediment Control – A Resource Guide for Local Councils”.

Reason: To minimise erosion of the site and prevent deposition of silt within the waterways, creeks and wetlands.

20. Water closet accommodation

A temporary water closet accommodation must be provided onsite during construction. This facility must be located onsite so as to not create a nuisance to any adjoining properties.

Reason: To ensure suitable facilities are provided for workers during construction and to comply with requirements for Work Health and Safety on worksites.

21. Dial Before You Dig

Prior to carrying out any works, a “Dial Before You Dig” enquiry must be undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995.

Reason: To comply with the Electricity Supply Act 1995.

Conditions That Must be Complied with During Works and in Perpetuity

22. Vehicles during construction

Vehicles must be clean and free of debris prior to leaving the site during construction. Deposited material may be ordered to be removed at the applicant/operator’s expense.

Reason: To ensure that sediment is not trafficked onto Council’s road network.

23. Council property

Any damage or deterioration to any portion of the footpath and/or kerb and guttering or other Council property including road reserves, during construction must be reinstated to its original condition at the owner's expense to the satisfaction of Council.

Reason: To maintain safe access for pedestrians and to protect the amenity of the adjoining area.

24. Time of work

Work must not commence on the site before 7am on weekdays and Saturdays and 8am on Sundays and public holidays. All works must cease by 8pm on any day.

Reason: To comply with the Protection of the Environment Operations Act 1997 and Regulations.

25. No pollution of waterways

The proponent must take all necessary precautions and implement measures to prevent pollution of waterways during the proposed works.

Reason: To accord with the requirements of NSW Environmental Protection Authority.

26. Construction site

The construction site must be maintained in an environmentally sound manner during construction. Designated waste containment areas must be provided on site, and must be maintained so as to prevent any windblown litter escaping from the site.

Reason: To comply with the Protection of the Environment Operations Act 1997, and to preserve the environmental health and amenity of the adjoining area.

27. Minimise dust and noise

During construction the proponent must undertake measures to minimise dust and noise and ensure that the impact on neighbouring properties is minimised.

Reason: To minimise environmental and amenity impacts in respect to construction of the development.

Conditions That Must be Fulfilled Prior to the Release of the Compliance Certificate

28. Sewerage

The developer must connect each allotment into Council’s existing reticulated sewerage system. This must be provided in accordance with the approved design and must be fully funded by the developer.

Reason: To satisfactorily service the lots created.

29. Water Supply

The developer must provide filtered and raw water supply to each residential allotment created. This must be provided in accordance with the approved design and must be fully funded by the developer.

It is noted that separate filtered and raw water meters are not required to be installed prior to the release of the Compliance Certificate or Subdivision Certificate.

Reason: To satisfactorily service the lots created and to ensure that separate billing of newly created lots is possible.

30. Stormwater management

Each allotment must be provided with appropriate stormwater infrastructure that is connected to an approved system.

Reason: To satisfactorily service the lots created.

31. Road network

The internal road network (including kerb and gutter) must be constructed to the satisfaction of Council.

Reason: To ensure that all allotments within the development have adequate access.

32. Road network

The external road network and associated infrastructure must be constructed in accordance with the approved Engineering Plans (Refer to Condition 6) and to the satisfaction of Council.

Reason: To ensure that all allotments within the development have adequate access and services.

33. Access

Access must be provided to all newly created allotments to the satisfaction of Council.

An application to Council’s Engineering Department must be made for the construction of new accesses. All new accesses must be constructed at the Applicant’s expense to Council’s standards and in accordance with Council’s policy.

Reason: To ensure that all allotments have adequate access.

34. Shared paths

Shared paths (Pedestrian and bicycling) (2.5m wide)/footpaths must be provided to the satisfaction of Council’s Engineering Department. Shared paths/footpaths must be constructed with concrete.

Reason: To ensure that shared paths are provided.

35. Street lights

Street lights must be provided by the developer to the satisfaction of Council’s Engineering Department.

Reason: To satisfactorily service the development.

36. Street name plates

Street name plates must be provided by the developer. The developer must also submit a list of proposed street names for Council’s consideration and approval prior to the release of the Compliance Certificate.

Reason: To ensure the development has appropriate street names and street name plates.

37. Landscaping

Landscaping, revegetation works, buffer plantings and associated infrastructure must be completed to the satisfaction of Council in accordance with the approved Landscaping Plan.

Reason: To ensure the residential estate is appropriately landscaped.

38. High security water

The Applicant must provide Council with evidence that the required volume of high security water has been allocated to each allotment or transferred to Council in accordance with Council policy for the provision of water by developers.

In the event that the developer is to directly provide each allotment with the required volume of high security, the following rates apply:

(a) 500kL per lot less than 1000m²

(b) 750kL per lot 1001 – 1500m2

(d) 1250kL per lot 2001 – 2500m2

(e) 1500kL per lot 2501 – 3000m2

(f) 1750kL per lot 3001 – 3500m2

Should the developer be unable to secure the amount of water required to be provided to Council for their development, then they must provide the equivalent current market value at the time of lodgement of the applicable Subdivision Certification ($) for that volume.

These details must be submitted to and approved by Council.

Reason: To comply with Council’s Policy for the provision of water by developers.

39. Works As Executed Plans

Works As Executed (WAE) plans of all infrastructure and services must be provided to Council in both hard and electronic format (i.e. PDF and AutoCAD dwg. formats). The Submitted WAE plans must be to the satisfaction of Council and must contain the true and correct locations and details of all installed infrastructure. The Applicant must also provide Council with an asset value for all installed infrastructure that will be transferred to and/or managed by Council.

Reason: To ensure Council receives true and correct details/location for all installed infrastructure and services in the form of Works As Executed plans.

40. The developer shall complete all recommended works as detailed in the approved arborists report including works associated with the removal, pruning or similar of trees within Council’s road reserves where such tees have a 200mm DBH or greater.

All associated works will be at the expense of the developer.

Reason: To reduce the impact upon native vegetation and reduce safety risks to future land owners

Conditions That Must be Fulfilled Prior to the Release of the Subdivision Certificate

41. Subdivision Certificate Application

The submission of formal subdivision plans and an application for Subdivision Certificate including the applicable fees must be made with Council. The fee will be charged in accordance with the fee schedule applicable at the time the application for Subdivision Certificate is lodged with Council. Easements must be shown over all services and covenants as required by the conditions of consent incorporated into the appropriate instruments. Four (4) copies of the formal subdivision plans, Administration Sheet and 88B instrument sheet (if applicable) must be provided to Council. All four (4) copies of the Administration Sheet and 88B instrument sheet (if applicable) must contain original signatures. Executed copies will not be accepted. A completed copy of Council’s checklist outlining all conditions have been met must be submitted with the application for a Subdivision Certificate. The Subdivision Certificate is not released prior to all applicable conditions of consent for this development being complied with to the satisfaction of Council.

Reason: To comply with the Environmental Planning and Assessment Act 1979.

42. Compliance Certificate

The proponent must submit an approved Compliance Certificate with the application for Subdivision Certificate.

Reason: To ensure the development is appropriately constructed and to comply with the Environmental Planning and Assessment Act 1979.

43. Civil construction and landscape maintenance deposit

A 5% Deposit of Construction costs of roads, stormwater drainage, water, sewer, landscaping and any other required infrastructure is applicable and must be paid with the Subdivision Certificate application. This deposit will be held by Council for the defects liability period of 12 months and will be used in the circumstance of needing to repair any defects. The deposit will be refunded when a Final Release Certificate is issued by Council’s Engineering Department.

Reason: To comply with the requirements of Council’s Engineering Department.

44. Defects liability period

The developer must maintain all landscaping and civil works for a period of 12 months. During this defect liability period, landscape inspections must be undertaken every 3 months with Council and works completed based on Council’s instructions. After this 12-month period, the developer must contact Council and arrange a Final Release inspection of all civil and landscape works, at which stage all defects must be rectified.

Reason: To comply with the requirements of Council’s Engineering Department.

45. Electricity

The developer must provide all allotments with underground electricity, at their own cost. The developer must consult with the relevant electricity provider and must obtain suitable written correspondence/evidence from this provider stating that underground electricity has been provided to each allotment.

Alternatively, written correspondence/evidence that final agreement has been made between the underground electricity provider and the developer to provide underground electricity to each allotment must be obtained.

It is the Applicant’s responsibility to make the appropriate application with Essential Energy for the supply of electricity to the subdivision, which may include the payment of fees and contributions.

The submitted written correspondence/evidence must be to the satisfaction of Council.

Reason: To satisfactorily service the lots created.

46. Natural gas

The developer must provide all allotments with natural gas, at their own cost. The developer must consult with the relevant natural gas provider and must obtain suitable written correspondence/evidence from this provider stating that natural gas services have been provided to each allotment.

Alternatively, written correspondence/evidence that final agreement has been met between the relevant natural gas provider and the developer to provide natural gas services to each allotment must be obtained.

The submitted written correspondence/evidence must be to the satisfaction of Council.

Reason: To satisfactorily service the lots created.

47. Telecommunications

The developer must provide all allotments with telecommunication connection, at their own cost. The developer must consult with the relevant telecommunications carrier and must obtain suitable written correspondence/evidence from this carrier stating that telecommunication services have been provided to each allotment.

Alternatively, written correspondence/evidence that final agreement has been met between the telecommunications carrier and the developer to provide telecommunications services to each allotment must be obtained.

The submitted written correspondence/evidence must be to the satisfaction of Council.

Reason: To satisfactorily service the lots created.

48. Fibre-ready facilities

Prior to the issue of the Subdivision Certificate, the developer must provide evidence satisfactory to Council that arrangements have been made for:

(i) the installation of fibre-ready facilities to all individual lots in the subdivision so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. The development must demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose; and

(ii) the provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots in the subdivision demonstrated through an agreement with a carrier.

Reason: To satisfactorily service the lots created and to comply with the Commonwealth Telecommunications Act 1997.

49. The Applicant must submit a copy of any instrument prepared in accordance with the Conveyancing Act 1919, with the application for a Subdivision Certificate for Council’s endorsement for the proposed development.

The instrument must contain the following:

(a) A restrictive covenant on all proposed residential lots requiring that in perpetuity, all land within the subject site shall be managed as an inner protection zone (IPA) as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection, 2006, and the NSW Rural Fire Service’s document ‘Standards for Asset Protection Zones. The asset protection zone shall not incorporate the vegetated areas located within Council’s road reserves.

(b) The creation of a five (5) meter easement along all property boundaries adjacent to Winall Street (Levee bank), Holmes Street and Warden Street that will enable Council access to undertake the ongoing maintenance of the native vegetation.

Reason: To ensure that a copy of any instrument is provided to Council for review and endorsement and compliance with the NSW Rural Fire Services requirements.

50. The applicant shall utilise a suitable legal mechanism (such as an instrument created pursuant to Section 88 of the Conveyancing Act 1919) shall be created for the provision of the asset protection zones illustrated in the site plan titled ‘APZ – Estate 2731- Moama’ prepared by North East Survey Design, dated 05 February 2018, with referenceM6166. The APZ shall be managed as an inner protection area (IPA) as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection, 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’. The name of authority empowered to release, vary or modify any instrument shall be Murray River Council.

Reason: To ensure compliance with the NSW Rural Fire Services requirements.

51. Section 7.11 (previously Section 94) and Section 64 charges

The payment of Section 7.11 Development Contributions and Section 64 sewerage and water headworks charges and Engineering Fees are applicable and must be paid prior to the release of the Subdivision Certificate. Contributions are calculated per allotment created. The following contribution rates apply:

Section 64 Servicing Charges (2018/19 Rate)

	CONTRIBUTION RATE (% OF ET)	CONTRIBUTION AMOUNT
DEVELOPMENT		SEWER	WATER
Standard Residential Lot x 17	100%	$1,247 per lot x 17	· Filtered: $2,676 x 17 = $45,492 + · Raw: $314 x 17 = $5,338
Total = $70,029		$21,199	$50,830

Section 7.11 Development Contributions (2018/19 Rate)

	CONTRIBUTION RATE (% OF ET)	CONTRIBUTION AMOUNT
DEVELOPMENT		Road Upgrade	Open Space	Community Facilities	Waste	Stormwater
Conventional lot x 17	100%	$1,704 per lot x 17	$450 per lot x 17	$150 per lot x 17	$300 per lot x 17	$450 per lot x 17
Total = $51,918		$28,968	$7,650	$2,550	$5,100	$7,650

The subject Section 7.11 Development Contributions are imposed under the former Murray Shire Council Section 94 Development Contributions Plan 2011, of which is available for inspection at Murray River Council’s Mathoura office, 21-25 Conargo Street, Mathoura NSW 2710, or on Council’s website at www.murrayriver.nsw.gov.au.

Reason: To comply with Council’s Development Contribution policies.

Conditions That Must be Fulfilled Prior to the Commencement of any Demolition Works

52. Any essential service (e.g. water supply, sewer, gas, electricity) must be disconnected / capped from the structure being demolished or removed in accordance with the requirements of the relevant authority.

Reason: To ensure all services are properly disconnected and protected.

53. Development involving bonded asbestos material and friable asbestos material

(a) work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence as required under Clause 458 of the Work Health and Safety Regulation 2011.

(b) the person having the benefit of the consent must provide Council with a copy of a signed contract with such a person before any development pursuant to the certificate commences.

(c) any such contract must indicate whether any bonded asbestos material or friable asbestos material will be removed, and if so, must specify the landfill site (that may lawfully receive asbestos) to which the bonded asbestos material or friable asbestos material is to be delivered.

(d) if the contract indicates that bonded asbestos material or friable asbestos material will be removed to a specified landfill site, the person having the benefit of the development application must give Council a copy of a receipt from the operator of the landfill site stating that all the asbestos material referred to in the contract has been received by the operator.

Note 1. Removal work refers to work in which the bonded asbestos material or friable asbestos material is removed, repaired or disturbed.

Note 2. The effect of (a) is that development will be a workplace to which the Work Health and Safety Regulation 2011 applies while removal work involving bonded asbestos material or friable asbestos material is being undertaken.

Note 3. Information on the removal and disposal of asbestos to landfill sites licensed to accept this waste is available from the NSW EPA.

Note 4. Demolition undertaken in relation this consent must be carried out in accordance with Australian Standard AS 2601—2001, Demolition of structures.

Reason: To clarify the requirements of the Work Health and Safety Regulation 2011.

Advice to Applicant

The land subject to this consent may have restrictive covenants applying to it. It is the responsibility of the owner and builder to ensure that covenants are adhered to. Council does not enforce or regulate covenants and therefore accepts no responsibility for checking the compliance of building design with such covenants.

Reason: To ensure compliance with the Environmental Planning and Assessment Act 1979.

It is noted that it is the responsibility of the Applicant to ensure that the development is consistent with the NSW Department of Environment, Climate Change and Water (NSW OEH) document entitled: Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales, available: http://www.environment.nsw.gov.au/resources/cultureheritage/ddcop/10798ddcop.pdf.

Reason: To ensure compliance with the Due Diligence Code of Practice for the Protection of Aboriginal Objects.

Underground assets may exist in the area that is subject to the application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial Before You Dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures. If alterations are required to the configuration, size, form or design of the development upon contacting the Dial Before You Dig service, an amendment to the development consent (or a new development application) may be necessary.

Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets on the relevant property via contacting the Dial Before You Dig service in advance of any construction or planning activities.

Reason: To protect underground assets.

It is the responsibility of the applicant to check, understand and seek assistance where needed so as to ensure full compliance with the conditions of this Development Consent. Please contact Murray River Council on 1300 087 004 or admin@murrayriver.nsw.gov.au if there is any difficulty in understanding or complying with any of the above conditions

Reason: To ensure the Applicant is aware of their obligations.

The development must be in accordance with the relevant provisions and Regulations of the Biodiversity Conservation Act 2016, the Fisheries Management Act 1994, the National Parks and Wildlife Act 1974, the Protection of the Environment Operations Act 1997, and all other applicable legislation.

Reason: To comply with relevant legislation.

The proponent should take all necessary precautions and implement measures to prevent pollution of waterways during the proposed works.

Reason: To comply with the NSW EPA requirements

The proponent should be aware that under Section 120 of the Protection of the Environment Operations Act 1997 it is an offence to pollute waters.

Reason: To comply with NSW EPA requirements.

This approval is for the subdivision of the land only. Any further development application for class 1,2 & 3 buildings as identified by the ‘Building Code of Australia’ must be subject to separate application under Section 79AB of the EP&A Act and address the requirements of ‘Planning for Bush Fire Protection 2006’.

Reason: to comply with NSW legislative requirements.

It is the Applicant’s responsibility to ensure compliance with the requirements of the Disability Discrimination Act 1992 (DDA). Note: Compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA. You are advised to seek advice from the Australian Human Rights and Equal Opportunity Commission (phone (02) 9284 9600) in respect of your application.

Reason: To comply with the Disability Discrimination Act 1992.

NOTE: Compliance Certificate

Once works have been completed, the proponent is required to ascertain a Compliance Certificate from Council. Please contact Council’s Engineering Department for more information.

Reason: To ensure the development is appropriately constructed and to comply with the Environmental Planning and Assessment Act 1979.

Discussion:

Refer above.

Strategic Implications:

Nil.

Budgetary Implications:

Not applicable.

Policy Implications:

Not applicable.

Legislative Implications:

Not applicable.

Risk Analysis:

Not applicable.

Conclusion

Nil

Attachments

Nil


AGENDA Ordinary Council Meeting Tuesday, 26 February 2019
I hereby give notice that an Ordinary Meeting of Murray River Council will be held on:
Date:	Tuesday, 26 February 2019
Time:	6:00PM
Location:	Tatalia Room, Upper Level, Rich River Golf Club 24 Lane, Moama
Des Bilske General Manager

Applications open	Friday 1 March 2019
Applications close	Monday 15 April 2019
Judges time to review applications	Wednesday 17 April – Friday 3 May 2019
Judges meet to allocate funding	Tuesday 7 May 2019
Report to Council meeting	Tuesday 28 May 2019
Notify applicants	Friday 31 May 2019
Invoices received and paid by	30 June 2019

Property Address	Purpose of house	Current Resident	Retention/Disposal
31 Gwynne Street, Moulamein	Overnight or short-term accommodation	New Management Accountant undergoing induction	Well used - Retain
38 Linton Park Drive, Barham	Overnight or short-term Accommodation	Nil	Dispose due to low usage and high maintenance cost
44 Nyag Street, Moulamein	Long-term accommodation for manager/staff	Manager	Retain
37 Turora Street, Moulamein	Long-term accommodation for manager/staff	Staff member	Retain
7 Tualka Terrace, Moulamein	Long-term accommodation for manager/staff	Staff member	Retain
20 Carne Street, Moulamein	Long-term accommodation for manager/staff	Staff member	Retain
26 Turora Street, Moulamein	Long-term accommodation for manager/staff	Staff member	Dispose as staff member leaving and property is surplus to Council needs

Council resolved to support Planning Proposal and send to DPE for Gateway Determination.	20 March 2018
Planning Proposal sent to DPE requesting Gateway Determination.	30 July 2018
Gateway determination received from DPE.	17 August 2018
Amended Planning Proposal submitted to DPE with request to proceed to public consultation.	4 September 2018
Confirmation received from DPE to proceed to public consultation (dated 11 September 2018).	19 September 2018
Consultation with Department of Industry- Crown Lands and Water.	4 December 2018
Community consultation commenced.	5 December 2018
Response from Department of Industry- Crown Lands and Water received (no issued identified).	10 January 2019
Community consultation closed.	11 January 2019