Agenda of Ordinary Council Meeting

26 March 2019

13.2 DA 10.2015.43.3 (DA 043/15 Amendment Two) Private Primitive Camping Ground and Farm Building. Amendment Two Details:
Install amenities (toilets, showers & basin) in shed, removal & modification of conditions.

File Number: -

Author: Christopher O'Brien, Town Planner

Authoriser: Simon Arkinstall, Director Planning & Environment

Applicant: Planright Surveying

Owner: Sandbar Developments P/L

Proposal: Amendment Two: Install amenities (toilets, showers & basin) in shed, removal & modification of conditions.
Original consent: Private Primitive Camping Ground and construction of Farm Building

Location: Lot: 7 DP: 751152 - 4/162 Old Barmah Road MOAMA 2731

Recommendation

1. That the Officer’s report be received and noted;

2. That DA 10.2015.43.3 be granted partial modified development consent in accordance with Section 4.16 (4)(b) of the Environmental Planning and Assessment Act 1979 and the conditions outlined at the end of this report; and

3. The request to permit caravans as part of the primitive camping ground be refused as Council’s current legal advice outlines that caravans are not permitted as part of any (primitive) camping ground.

Background

Executive Summary

DA 043/15 (10.2015.43.1) for a private primitive camping ground and construction of farm building was approved by Council on 11 April 2017. Amendment One to DA 043/15 which sought to increase the size of the approved farm building was approved under Delegated Authority on 31 January 2018. The current modified application seeks permission to install amenities (toilets, showers & basin) in the approved shed instead of a separate amenities structure. The applicant also originally sought for the removal of Condition 7 (NSW RFS condition), however during the assessment process NSW RFS provided amended conditions which the Applicant confirmed they were happy to be included on any amended consent granted. The final request forming part of the modification application is to permit caravans on site as part of the approved primitive camping ground, contrary to Council’s legal advice.

The subject site is Lot 7 DP 751152, located at 4/162 Old Barmah Road, Moama NSW 2731. The subject lot has an area of approximately 16.93ha and directly abuts the Murray River, located to the south and west. Vehicular access is provided via a carriageway easement which subsequently gains access off Old Barmah Road. The subject site contains significant native vegetation. The subject site is mapped as Flood Prone Land and the majority of the site is mapped as Bush Fire Prone Land. In respect to additional constraints of the land, the camping ground will not be located within a river front area. The subject site is flood prone however is considered acceptable for the flood hazard as the application is for a primitive camping ground and detached shed and does not involve any permanent habitable facilities.

The modified application was notified to various Government agencies, which have provided comments and recommended conditions of consent, and have been included as part of this assessment. The modified application was also notified to adjoining property owners and was advertised. No public submissions were received during the notification period.

With the exception of the request to permit caravans on the site, it is considered that the proposed modified development is appropriate, and is not inconsistent with the Murray LEP 2011 and the Murray DCP 2012, and is consistent with other relevant planning legislation affecting the site, including the relevant provisions of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. It is therefore recommended that the proposed modified development be granted partial modified development consent subject to appropriate conditions outlined at the end of this report. The request to permit caravans on the site is inconsistent with Council’s legal advice however and therefore it is recommended this specific request be refused.

Discussion

Please see attached assessment report outlining the subject application and assessment against Section 4.15 and Section 4.55 of the Environmental Planning and Assessment Act 1979.

Subject Site

The subject site is Lot 7 DP 751152, located at 4/162 Old Barmah Road, Moama NSW 2731. The site is zoned RU1 Primary Production and is mapped as Flood Prone Land and REP2 – Riverine Land, along with being partially mapped as Bush Fire Prone Land, Wetlands, Watercourse, Terrestrial Biodiversity (Native Vegetation), and Key Fish Habitat (Aquatic Biodiversity).

The site has an area of approximately 16.93ha and is directly bordered by the Murray River to the south and west (which is a NSW Crown Lands River Reserve). The site is irregularly shaped and gains access via an existing carriage way easement burdening Lot 101 DP 751152, & Lot 1 DP 688650 (Whole Lot). This carriage way easement in turn gains access from Old Barmah Road.

The property contains existing native vegetation on the site, along with a large rainwater tank. An earth pad has been formed to accommodate the approved farm building. The entire property is mapped as Flood Prone Land, whilst the majority of the site is mapped as Bush Fire Prone Land. Figures 1 and 2 outline the subject site.

Figures 1 and 2 outline the subject site.

Figure 1 – Locality

Figure 2 – Aerial photograph of subject site. Subject site marked by yellow star. (Photo taken 28/12/2015)

Proposal

The amendment seeks permission to install the amenities (toilets, showers and basin) into the approved farm building instead of a separate portable building as currently approved. The associated effluent holding tank is also proposed to be moved next to the approved shed as a result of the above.

The applicant also originally sought for the removal of Condition 7 (NSW RFS condition). During the assessment process NSW RFS however provided amended conditions which the Applicant confirmed they were happy to be included on any amended consent granted.

Finally, the applicant seeks permission to remove the prohibition of caravans utilising the primitive camping ground.

The applicant has provided the following details to support the modified application:

Council staff acknowledges the request from the applicant to permit caravans as part of the approved primitive camping ground, however Council’s current legal advice outlines that caravans are not permitted as part of any (primitive) camping ground. No contradicting legal advice has been provided by the Applicant to support their request. Council staff are unable to ignore current legal advice, therefore the request to permit caravans on the site cannot be supported.

Figure 3 – Site Plan

Figure 4 – Shed plan and elevations

Figure 5 – Effluent holding tank details

Statutory Assessment Process

2.1 Environmental Planning and Assessment Act 1979

Section 1.3 Objects

Comment: It is considered that the proposed modified development is not inconsistent with the objects of the Act.

Section 1.7 Application of Part 7 of Biodiversity Conservation Act 2016 and Part 7A of Fisheries Management Act 1994

Comment: It is considered that the proposed modified development will not have a significant effect on the terrestrial and aquatic environment, threatened species, populations or ecological communities, or their habitats. The modified proposal is not considered to create any significant adverse environmental impact. It is therefore considered that the modified proposal is not inconsistent with Part 7 of the Biodiversity Conservation Act 2016 and Part 7A of the Fisheries Management Act 1994.

Section 4.14 Consultation and development consent—certain bush fire prone land

Comment: The majority of the subject site is mapped as Bush Fire Prone Land. The proposed modified development is for a special fire protection purpose and therefore was referred to NSW RFS under Clause 120 of the Regulations.

Section 4.15 Evaluation

Comment: This report provides the necessary review and evaluation of the development application. See below.

Section 4.46 What is “integrated development”?

Comment: The majority of the site is mapped as Bush Fire Prone Land. The modified application was therefore referred to NSW Rural Fire Service under Clause 120 of the Regulations.

Section 4.55 Modification of consents—generally

(1A) Modifications involving minimal environmental impact
A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

Consideration	Comment
(a) it is satisfied that the proposed modification is of minimal environmental impact, and	The proposed modification is unlikely to cause any significant adverse environmental impacts.
(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and	It is considered that the proposed modified development is substantially the same as the original development and subsequent modification.
(c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and	The modified application was notified in accordance with the regulations outlined in Chapter 12 of Council’s Development Control Plan 2012.
(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be. Subsections (1), (2) and (5) do not apply to such a modification.	All submissions have been considered during this assessment.

(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.

Comment: Noted. The modification application will be assessed against this criterion.

(4) The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified.

Comment: Noted.

2.2 Chronology of events and public notification and statutory referral process.

The below table provides an overview of the timeline with respect to the lodgement and assessment of the application.

Application history/timeline

Original Application approved	11/4/2017
Amendment One approved	31/1/2018
Modification application lodged	30/10/2018
DA Panel	15/11/2018
Further information requested	21/11/2018
Neighbour Notification	26/11/2018 – 2/1/2019
Further information received	15/1/2019
Site Inspection	7/3/2019

2.3 Referrals and Owners Consent

Internal Referrals	DA Panel Engineering Department
External Referrals	NSW Rural Fire Service NSW DPE NSW NRAR Water NSW OEH NSW EPA NSW Murray LLS Victoria DELWP NSW DOI Lands (Crown Lands) WaterNSW MDBA Destination NSW Shire of Campaspe (Victoria)
Advertised	Yes - Website
Public Notification	The proposed modified development was notified to adjoining property owners in accordance with Murray DCP 2012 Chapter 12 – Notification Policy.
Owners Consent	Provided

2.4 Contributions

Section 7.11 (formerly Section 94) Development Contributions are not required.

Section 7.12 (formerly Section 94A) Levy Development Contributions are not required.

Section 64 contributions are not required.

Town Planning Assessment

Assessment of the development application has been undertaken in respect to relevant considerations arising from Section 4.15 of the Environmental Planning and Assessment Act 1979 as follows:

3.1 Section 4.15 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 Planning Secretary 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 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4, and

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

(v) (Repealed)

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.

Matters for consideration

3.2(a) the provisions

3.2(a)(i) Environmental Planning Instruments

3.2(a)(i)a Murray Local Environmental Plan 2011 (Available http://www.legislation.nsw.gov.au/#/view/EPI/2011/682)

Part 1 Preliminary

Clause 1.1 Name of Plan

Comment: Noted.

Clause 1.1AA Commencement

Comment: Noted.

Clause 1.2 Aims of Plan

Comment: The proposed modified development is not inconsistent with the aims of Murray LEP 2011.

Clause 1.3 Land to which Plan applies

Comment: Noted.

Clause 1.4 Definitions

Comment: Noted.

Clause 1.5 Notes

Comment: Noted.

Clause 1.6 Consent authority

Comment: Noted.

Clause 1.7 Maps

Comment: Noted.

Clause 1.8 Repeal of planning instruments applying to land

Comment: Noted.

Clause 1.8A Savings provision relating to development applications

Comment: Noted.

Clause 1.9 Application of SEPPs

Comment: Noted.

Clause 1.9A Suspension 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 a 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 2.1 Land use zones

Comment: Noted.

Clause 2.2 Zoning of land to which Plan applies

Comment: Noted.

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

Zone: RU1 Primary Production

§ To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

§ To encourage diversity in primary industry enterprises and systems appropriate for the area.

§ To minimise the fragmentation and alienation of resource lands.

§ To minimise conflict between land uses within this zone and land uses within adjoining zones.

Comment: It is considered that the proposed modified development is not inconsistent with these objectives.

Permissibility

Comment: The original approved development is classified as a camping ground; which means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.

Camping grounds are permitted with consent in the RU1 Primary Production zone.

The proposed shed can be classed as a farm building. Under the LEP,

a farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.

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: Not applicable.

Clause 2.7 Demolition requires development consent

Comment: Not applicable.

Clause 2.8 Temporary use of land

Comment: Not applicable.

Part 3 Exempt and complying development

Clause 3.1 Exempt Development

Comment: Not applicable.

Clause 3.2 Complying Development

Comment: Not applicable.

Clause 3.3 Environmentally sensitive areas excluded

Comment: Noted.

Part 4 Principal development standards

Clause 4.1 Minimum subdivision lot size

Comment: Not applicable.

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: Noted.

Clause 5.2 Classification and reclassification of public land

Comment: Noted.

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 (Repealed)

Clause 5.6 Architectural roof features

Not adopted

Clause 5.7 Development below mean high water mark

Not applicable

Clause 5.8 Conversion of fire alarms

Comment: Noted.

Clause 5.9, 5.9AA (Repealed)

Clause 5.10 Heritage conservation

Comment: The site does not contain any known items of Environmental Heritage Significance. It is the responsibility of the Applicant to ensure compliance with the Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales. Any consent issued will contain the standard OEH condition regarding protection of Aboriginal Cultural Heritage.

Clause 5.11 Bush fire hazard reduction

Comment: Noted.

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

Comment: Noted.

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: Not applicable. The subject site is not mapped as an Urban Release Area.

Clause 6.1 Arrangements for designated State public infrastructure

Comment: Not applicable.

Clause 6.2 Public utility infrastructure

Comment: Not applicable.

Clause 6.3 Development control plan

Comment: Not applicable.

Clause 6.4 Relationship between Part and remainder of Plan

Comment: Not applicable.

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,	The modification does not affect this Subclause. See original assessment below: An existing 120,000 litre rainwater tank is on site to supply the proposed development with water. Any development consent issued will include appropriate conditions of consent outlining the requirement for water supply to meet all relevant guidelines.
(b) the supply of electricity,	Electricity is available.
(c) the disposal and management of sewage,	The modification does not affect this Subclause. See original assessment below: The Applicant has advised a portable amenities block will be utilised to service the proposed development, and that a concrete tank will be installed underneath for collection of grey and black water, which will then be pumped out. Any consent will be conditioned to ensure that the correct disposal of septic waste from the portable facilities is achieved, and in accordance with Council’s Engineering and Environmental Health Guidelines.
(d) stormwater drainage or on-site conservation,	The modification does not affect this Subclause. See original assessment below: A 120,000 litre above ground water storage tank is proposed to collect stormwater from the development. It is noted that the proposed development is unlikely to cause significant amount of additional stormwater. Any consent issued will include appropriate conditions to ensure the protection of the environment and amenity of adjoining properties.
(e) suitable road access	The modification does not affect this Subclause. See original assessment below: Road access is available by a carriage way easement, which in turn provides access to Moama via Old Barmah Road. Council’s Engineering Department were notified of the proposed development, and did not require any upgrade to road conditions servicing the proposed development, therefore it is considered that suitable road access is available.

Clause 7.2 Earthworks

Comment: It is considered that the proposed modified development is not inconsistent with the objectives of this clause.

Clause 7.3 Biodiversity protection

Comment: Part of the subject site is mapped as Terrestrial Biodiversity (Vegetation). No native vegetation is proposed to be removed as part of the modified application. It is therefore considered that the proposed modified development is appropriately located on the site and is unlikely to significantly adversely impact the environmental significance of the land.

The subject site is partially mapped as Key Fish Habitat (Aquatic Biodiversity); however no works are proposed to occur within land covered by this layer.

Clause 7.4 Development on river front areas

Comment: Not applicable. The proposed modified development is to be located outside land classed as a ‘river front area’.

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

Comment: Not applicable. The proposed development is setback 100m from the Murray River and therefore 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 to occur on the river bed or bank of the Murray or Wakool Rivers.

Clause 7.7 Wetlands

Comment: The majority of the subject site is mapped as Wetlands under the Murray LEP 2011. The modified application is considered appropriate for the location, as it is unlikely to cause any significant adverse impact onto the importance of the Wetlands in the area. The modified application is unlikely to adverse effect the growth and survival of native flora and fauna, the condition and significance of the native flora on the land, the provision and quality of habitats for indigenous and migratory species, or the surface and groundwater characteristics of the site, including water quality, natural water flows and salinity. No native vegetation is proposed to be removed as part of the proposed modified development.

Clause 7.8 Flood planning

Comment: It is considered that the proposed modified development is not inconsistent with the objectives of this clause. See original assessment below:

The subject site is mapped as Flood Prone Land under the Murray LEP 2011. The 1 in 100 flood level on the site is 95.68m AHD whilst the 1 in 200 flood level is 95.86m AHD. The height of the subject site varies from 90.8m AHD to 95.13m AHD, with the majority of the land being significantly inundated in flood events. Given the nature of the proposed development, it is considered however that the proposed development is not inconsistent with the objectives of the clause. The application includes a proposed primitive camping ground, which is not to be used for commercial purposes and is proposed to be utilised only by the landowners and their families. The subject site is mapped as a High Hazard Floodway. As outlined in the Murray DCP 2012: “Primitive camping grounds will be considered provided that any permanent facilities associated with the provision of a water supply, toilet and refuse disposal are in keeping with the basic needs of the camping ground, and can be shown to withstand the force and duration of flooding, and will not adversely impact on river water quality under flood conditions”. It is considered the proposal meets these requirements. The proposed camping ground use, along with the proposed construction of a farm building, and installation of an amenities block and septic holding tank, is unlikely to cause any significant adverse impacts on flood behaviour or the environment. It is considered that any development consent issued can be appropriately conditioned to protect the natural environment.

The subject site is significantly constrained by flooding. It is considered however that the proposed development is not incompatible with the flood hazard affecting the site as the application is for a primitive camping ground, installation of an amenities block and septic holding tank, and construction of a farm building. In a flood event the proposed camping ground can be vacated well before the arrival of floodwaters.

It is considered that the proposed development will not have any significant adverse impact on flood behaviour. The proposed farm building and amenities block are considered to be of an appropriate size and unlikely to adversely affect flood behaviour. The temporary installation of campervans etc. is predicted to have a negligible impact.

The proposed camping ground will be able to be evacuated in a flood event. Given the pre warning for flood events there is unlikely to be any significant risk to life generated by the proposed development.

The proposed development is unlikely to significantly adversely impact the natural environment. The proposed development is to be setback at least 100m from the Murray River and does not require the removal of any native riparian vegetation. The proposed development is unlikely to cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, whilst the proposed development is permissible with consent.

It is considered that the proposed development is unlikely to result in unsustainable social and economic costs to the community as a consequence of flooding. The proposed camping ground can only be used on a temporary basis and in the event of flooding occurring on the land, occupants have sufficient access to leave the property.

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.

3.2(a)(i)b Murray Regional Environmental Plan No. 2—Riverine Land

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

Part 1 Introduction

Clause 1 Name of plan

Comment: Noted.

Clause 2 Aims of the plan

Comment: It is considered that the proposed modified development is not inconsistent with the aims of this plan. The proposed modified development is unlikely to significantly adversely impact the riverine environment of the River Murray.

Clause 3 Objectives of the plan

Comment: The proposed modified development is considered to be not inconsistent with the objectives of this plan. The modified application is unlikely to significantly adversely impact the riverine environment of the River Murray and will not impede in the conservation and promotion of better management of the natural and cultural heritage values of the riverine environment.

Clause 4 Where the plan applies

Comment: Noted.

Clause 5 How this plan affects other plans

Comment: Noted.

Part 2 Planning principles

Clause 6 Definitions

Comment: Noted.

Clause 7 Notes

Comment: Noted.

Clause 8 When planning principles should be applied

Comment: Noted.

Clause 9 General principles

Comment: The proposed modified development is consistent with these general principles. The modified application is unlikely to cause any significant adverse impacts upon the River Murray.

Clause 10 Specific principles

When this Part applies, the following must be taken into account:

Access

Comment: The proposed modified development is considered to be not inconsistent with this clause. No direct access to the Murray River is proposed. No development along the main channel of the River Murray is proposed.

Bank disturbance

Comment: The proposed modified development is considered to be consistent with this subclause. No bank disturbance is proposed to occur.

Flooding

Comment: The proposed modified development is not inconsistent with this subclause.

Land degradation

Comment: It is considered that the proposed modified development is not inconsistent with this subclause. No native vegetation is proposed to be removed, whilst it is considered that the modified application is not likely to cause erosion, pollution of ground or surface water, groundwater accession, salination and soil acidity, or any significant adverse effects on the quality of terrestrial and aquatic habitats. The buildings/structures proposed as part of the modified application has been suitably sited to avoid any adverse impact to the natural environment.

Landscape

Comment: The proposed modified development does not propose any native vegetation removal along the riverbank of the Murray River, or within any part of the subject site.

River related uses

Comment: The proposed modified development is required to be setback 100m from the bank of the Murray River, which is considered an appropriate outcome. Any modified development consent issued will include this requirement as a condition of modified development consent. No formal direct access to the Murray River is proposed.

Settlement

Comment: The proposed modification does not change the original assessment against this subclause. See original assessment below:

The proposed development is considered to be inconsistent with the entirety of the clause. The proposal includes a camping ground, of which can be considered to be a ‘settlement’. The subject site is mapped as flood prone land, therefore is inconsistent with this requirement. It is considered however that the proposed development is unlikely to significantly adversely impact upon flooding characteristics of the site, whilst the application is unlikely to increase risk to the community. The proposed camping ground is to be for private purposes only, and is to be primitive in nature. The application can be appropriately conditioned to ensure pollution of flood waters is avoided.

The subject site is located approximately 4.5km from the centre of Moama which is considered an appropriate outcome. The Applicant has detailed that the proposed camping ground can be appropriately serviced by all required services.

The proposal does not compromise the potential of prime crop and pasture land to produce food or fibre.

Water quality

Comment: It is considered that the proposed modified development is not inconsistent with this subclause. The proposed modified development is unlikely to significantly adversely impact or pollute water quality in the area.

Wetlands

Comment: The proposed modified development is considered to be consistent with this subclause. The proposed modified development is setback 100m from the Murray River, whilst no native vegetation is proposed to be removed. The proposed on-site sewerage management system will be required to be installed as per the requirements of all relevant legislation in order to limit any significant adverse impact occurring upon the wetlands of the River Murray.

Part 3 Planning requirements and consultation

Clause 11 Consultation—who consults and procedure for consultation

Comment: Noted.

Clause 12 General provisions for consultation

Comment: Noted.

Clause 13 Planning Control and Consultation Table

Comment: The proposed modified development was referred and advertised as a ‘camping ground’ under this plan.

Clause 14 Building setbacks—special provisions

(1) Application

Comment: This Clause is applicable under (1)(a).

(2) Building setback
Comment: The subject site is zoned RU1 Primary Production and directly adjoins the Murray River. All aspects of the proposed modified development are to be setback at least 100m from the Murray River which is considered an appropriate outcome. The proposed modified development includes a farm building to be constructed on the subject site. The proposed shed continues to be located in excess of 250m from the main channel of the Murray River which is considered an appropriate outcome.

(3) Objectives of building setback
Comment: It is considered that the proposed modified development is consistent with the objectives of this clause.

(4) Matters to be considered
When determining the location of a building in relation to the River Murray, in addition to the planning principles the following specific matters should also be considered:

(a) Effluent disposal

Comment: The camping ground will be serviced by amenities within the approved shed which is connected to a concrete storage tank for grey and black water. This facility will be required to be capped in the event of a flood occurring on the site, and this requirement will form a condition of any modified development consent granted.

(b) Landscaping
Comment: It is considered that the proposed modified development is not inconsistent with this subclause and will ensure the continued appropriate conservation and preservation of the natural riverine environment of the area. No native vegetation is proposed to be removed as part of the modified application, whilst all development is appropriately setback from the Murray River to protect the visual amenity of riparian land.

Dictionary

Comment: Noted.

3.2(a)(i)c State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

Comment: The proposed modified development cannot be classed as exempt or complying development as it does not meet all of the development requirements.

3.2(a)(i)d State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

Comment: Not required.

3.2(a)(i)e State Environmental Planning Policy No 44—Koala Habitat Protection

Comment: The subject land is not considered to be core koala habitat or potential core koala habitat.

3.2(a)(i)f State Environmental Planning Policy No 55—Remediation of Land

Comment: The subject land is not considered to be contaminated or likely to be contaminated and is not listed on Council’s Contaminated Land Register. In accordance with Clause 7 of SEPP 55, Council is satisfied that, the land is suitable in its current state for the purpose for which the development is proposed to be carried out.

3.2(a)(i)g State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

Comment: The proposed modified development is not inconsistent with this Policy.

3.2(a)(i)h State Environmental Planning Policy (Infrastructure) 2007

Comment: Not applicable.

3.2(a)(i)i State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007

Comment: Not applicable.

3.2(a)(i)j State Environmental Planning Policy No 64—Advertising and Signage

Comment: Not applicable.

3.2(a)(i)k State Environmental Planning Policy (State and Regional Development) 2011

Comment: Not applicable.

3.2(a)(i)l State Environmental Planning Policy No 1—Development Standards

Comment: Not applicable.

3.2(a)(i)m State Environmental Planning Policy No 21—Caravan Parks

Comment: Although the modified application is for a ‘camping ground’ under the Murray LEP 2011; this Policy applies as the definition of ‘caravan park’ includes ‘camping ground’ under this Policy.

Clause 3 Aims, objectives etc.

Comment: It is considered that the proposed camping ground is not inconsistent with the aims and objectives of this Policy. The proposed development is to be utilised for short-term use by the landowners and their families, whilst it is considered that the proposed development does not impact upon the social and economic welfare of the community. No community facilities are required, whilst it is considered that the environment is not significantly adversely impacted by the proposed modified development. No native vegetation is proposed to be removed. Council consent has been applied for, whilst no subdivision is proposed.

Clause 6 Definition

In this Policy:

caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.

Comment: This policy is applicable as the modified application included a camping ground.

Clause 7 Application of certain planning controls to places licensed for movable dwellings

Comment: This policy is applicable.

Clause 8 Development consent required for caravan parks

Comment: The applicant has applied for a primitive camping ground. As the modified application includes a camping ground under the Murray LEP 2011, no long-term residence sites are permitted to be developed. Any modified development consent will be appropriately conditioned to ensure compliance with the clause.

Under the Murray LEP 2011, “camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park”.

Clause 9 Subdivision of caravan parks for lease purposes

Comment: The Applicant has not proposed to subdivide the subject land.

Clause 10 Matters to be considered by Councils

A Council may grant a development consent required by this Policy only after it has considered the following:

(a) whether, because of its location or character, the land concerned is particularly suitable for use as a caravan park for tourists or for long-term residence,

Comment: During the original assessment it was considered that the subject site is appropriate for the proposed use (camping ground). No native vegetation is proposed to be removed and the land is not considered prime agricultural land. It is noted that no permanent sites are permitted within the camping ground (only undesignated camp sites permitted).

(b) whether there is adequate provision for tourist accommodation in the locality of that land, and whether existing or potential tourist accommodation will be displaced by the use of sites for long-term residence,

Comment: During the original assessment it was considered that there is adequate provision for the proposed tourist type development in the locality of the subject site. The proposed primitive camping ground is only to be used by the landowners and their families, and is not a commercial operation. The proposed modified development can be serviced by all required services. No undesignated camp sites will be permitted to be utilised for long-term residence.

(c) whether there is adequate low-cost housing, or land available for low-cost housing, in that locality,

Comment: The subject site is zoned RU1 Primary Production. The modified application includes a private camping ground which is a permitted land use with consent. It is noted that no long term sites are permitted as part of any camping ground consent. The modified application relates to a camping ground with undesignated camp sites to be used for short term purposes only. The locality does not readily provide land available for low-cost housing as the land is zoned RU1 Primary Production, which requires any application to construct a dwelling house to meet strict development controls.

(d) whether necessary community facilities and services are available within the caravan park to which the development application relates or in the locality (or both), and whether those facilities and services are reasonably accessible to the occupants of the caravan park,

Comment: The proposed camping ground is for private use only. It is considered that the proposed modified development includes appropriate facilities and services within the site. The submitted modified plans detail amenities within the approved shed to service the site. The proposed camping ground is primitive in nature, therefore it is considered unnecessary for more extravagant facilities. These are considered appropriate and are reasonably accessible to the occupants of the proposed private camping ground.

(e) any relevant guidelines issued by the Director, and

Comment: Planning Circular PS 05-007 issued on 14 September 2005 informs relevant stakeholders regarding the commencement of updated regulation for caravan parks and moveable dwellings (at the time of the Planning Circular issue). This Planning Circular is noted.

Section 9.1 Direction 3.2 Caravan Parks and Manufactured Home Estates is not applicable to this development application as the application is not a planning proposal.

(f) the provisions of the Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993.

Comment: It is considered that the proposed modified development is not inconsistent with the Local Government (Manufactured Home Estates) Transitional Regulation 1993.

3.2(a)(i)n State Environmental Planning Policy No 30—Intensive Agriculture

Comment: Not applicable.

3.2(a)(i)o State Environmental Planning Policy No 33—Hazardous and Offensive Development

Comment: Not applicable.

3.2(a)(i)p State Environmental Planning Policy No 36—Manufactured Home Estates

Comment: Not applicable.

3.2(a)(i)q State Environmental Planning Policy No 52—Farm Dams and Other Works in Land and Water Management Plan Areas

Comment: Not applicable.

3.2(a)(i)r State Environmental Planning Policy (Rural Lands) 2008

Comment: The proposed modification does not alter the original assessment against this Policy. See below:

Part 1 Preliminary

Clause 2 Aims of Policy

The aims of this Policy are as follows:

(a) to facilitate the orderly and economic use and development of rural lands for rural and related purposes,

Comment: The proposed development is considered to be not inconsistent with this aim. Although the proposed development includes a camping ground and is not agricultural purposes, the proposed use will not significantly adversely impact productive agricultural land. The subject site is heavily constrained, whilst the proposed primitive camping ground will still provide a rural type setting.

(b) to identify the Rural Planning Principles and the Rural Subdivision Principles so as to assist in the proper management, development and protection of rural lands for the purpose of promoting the social, economic and environmental welfare of the State,

Comment: Noted. It is considered that the proposed development is not inconsistent with this aim. The application will not impact upon the criteria outlined above.

(c) to implement measures designed to reduce land use conflicts,

Comment: It is considered that the proposed development is not inconsistent with this aim. The proposed camping ground is unlikely to create any land use conflicts. The proposed camping ground is only ‘primitive’ in nature, whilst existing approved/exempt residential/agricultural and other uses in the locality will continue to be permitted. The proposed camping ground is appropriately located to avoid any land use conflict with nearby residential uses.

(d) to identify State significant agricultural land for the purpose of ensuring the ongoing viability of agriculture on that land, having regard to social, economic and environmental considerations,

Comment: It is considered that the subject site is not classified as State significant agricultural land.

(e) to amend provisions of other environmental planning instruments relating to concessional lots in rural subdivisions.

Comment: Noted. The proposed development is not inconsistent with this aim.

Part 2 Rural Planning Principles

Clause 7 Rural Planning Principles

The Rural Planning Principles are as follows:

(a) the promotion and protection of opportunities for current and potential productive and sustainable economic activities in rural areas,

Comment: It is considered that the proposed development is not inconsistent with this principle. The subject site is not considered productive agricultural land, whilst the proposed development has the potential to provide additional economic activity within the locality.

(b) recognition of the importance of rural lands and agriculture and the changing nature of agriculture and of trends, demands and issues in agriculture in the area, region or State,

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

(c) recognition of the significance of rural land uses to the State and rural communities, including the social and economic benefits of rural land use and development,

Comment: The proposed development is not inconsistent with this principle.

(d) in planning for rural lands, to balance the social, economic and environmental interests of the community,

Comment: The proposed development is not inconsistent with this principle. The proposed development is unlikely to cause any significant adverse impacts to the social, economic or environmental interests of the community.

(e) the identification and protection of natural resources, having regard to maintaining biodiversity, the protection of native vegetation, the importance of water resources and avoiding constrained land,

Comment: It is considered that the proposed development is not inconsistent with this principle. No native vegetation is proposed to be removed, whilst water resources in the area are unlikely to be adversely impacted or polluted. The subject site can be classed as ‘constrained land’, however the application is for a primitive camping ground to be used sparingly, therefore it is considered that the proposed use is appropriately sited.

(f) the provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities,

Comment: It is considered that the proposed development is not inconsistent with this principle. The proposed camping ground will provide for rural lifestyle type opportunities for the landowners whilst protecting the natural environment. The proposal has the potential to contribute to the social and economic welfare of the rural community.

(g) the consideration of impacts on services and infrastructure and appropriate location when providing for rural housing,

Comment: It is considered that the proposed development is not inconsistent with this principle. The proposed development is unlikely to adversely impact upon services and infrastructure.

(h) ensuring consistency with any applicable regional strategy of the Department of Planning or any applicable local strategy endorsed by the Director-General.

Comment: Noted. The application is not inconsistent with the draft Murray Murrumbidgee Regional Growth Plan current at the time of lodgement.

Note. Under section 117 of the Act, the Minister has directed that councils exercise their functions relating to local environmental plans in accordance with the Rural Planning Principles. Under section 55 of the Act, the Minister may also direct a council to prepare a local environmental plan.

Comment: Noted.

3.2(a)(i)s State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017

Comment: Not applicable.

3.2(a)(ii) Proposed instruments

Comment: Draft Murray LEP 2011 applies.

3.2(a)(iii) Any development control plan

Comment: Murray Development Control Plan 2012: Amendment 5 dated 2/2/2016 applies to the proposal. Chapters 5, 6, 9, 10, 11 and 12 are relevant. Chapters 2, 3, 4, 7 are not applicable.

Chapter 1 Introduction

Comment: Noted.

Chapter 2 Residential Development

Comment: Not applicable.

Chapter 3 Industrial Development

Comment: Not applicable.

Chapter 4 Commercial Development

Comment: Not applicable.

Chapter 5 Tourist Accommodation

Comment: The proposed modification does not alter the original assessment against this Policy. See below:

The proposed development is considered to be consistent with the objectives of this Chapter which are;

· to encourage and promote development of tourist accommodation within the Shire;

· to maximise utilisation and promotion of existing tourist resources;

· to protect the natural environment;

· to provide for tourist oriented activities that are appropriately located; and

· to promote diversification of development types and forms.

Matters for Consideration	Comment
(a) the impact of the development on the natural environment and the means of protection to be employed against any potential effect;	The proposed development will have minimal adverse environmental impact as it is proposed to be located on cleared land, and setback at least 100m from the Murray River.
(b) the impact of the development on the built environment, the character of the area and significant places of heritage value	The proposed development is unlikely to adversely impact upon the built environment in the area. No known items of environmental heritage significance are located on the site.
(c) the proximity and means of access to an urban centre and facilities;	The subject site is located approximately 5km from Moama and can be accessed via Old Barmah Rd and carriageway easement. This distance is considered acceptable for a private camping ground.
(d) the impact of the development on adjoining land use activities and the amenity of nearby residents;	The proposed development will have minimal impact on surrounding properties as the proposed camping ground is located on a large rural allotment and well distanced from property boundaries. The nearest dwelling house on adjoining NSW land is situated at least 200m from the proposed camping ground. Other properties in the area are used for agricultural activities or camping within the vicinity of the Murray River, therefore the proposal is considered appropriate. The proposed shed is appropriately setback from property boundaries to avoid any adverse impact.
(e) the potential economic benefit;	It is considered that the proposed development is not inconsistent with this requirement.
(f) provision of suitable of road access and egress	There is existing road access and egress onto Old Barmah Road, via a carriageway easement burdening Lot 101 DP 751152 and Lot 1 DP 668650. The Application was referred to Council’s Engineering Department who did not object to the granting of consent.
(g) provision of a potable water supply;	There is an existing rainwater tank on the site. Any consent issued will include appropriate conditions of consent outlining that a potable water supply must be available and comply with all relevant requirements.
(h) provision of wastewater disposal facilities;	The Applicant has applied for consent to install amenities and associated storage tank for effluent purposes. Any consent granted will be conditioned to ensure that disposal of wastewater is properly managed.
(i) the availability of electricity and telecommunication services;	Electricity and telecommunication services are available to the site.
(j) natural hazards including flooding, bushfire or other risks to public safety and property; and	The entirety of the subject site is mapped as Flood Prone Land, whilst the majority of the subject site is mapped as Bush Fire Prone Land. Given the proposed development is for a private camping ground and shed, it is considered to be acceptable for the flood hazard of the land. The proposed camping ground is to be used on a temporary basis. The application was referred to NSW RFS as integrated development. NSW RFS have responded with their recommended conditions of consent, which will be included with any development consent issued. The proposed camping ground will be required to have a satisfactory buffer to the potential bushfire source.
(k) landscaping including retention of existing vegetation and proposed planting.	No native vegetation is proposed to be removed, whilst the proposed camping ground is to be setback 100m from the Murray River. It is therefore considered that the proposed development is appropriate for the site and complies with the subchapter.

The modified application has considered the appropriate provisions under the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

Chapter 6 Strategic Land Use Plan

Comment: It is considered that the proposed modified development is not inconsistent with the Murray Strategic Land Use Plan (SLUP).

Chapter 7 Subdivision

Comment: Not applicable.

Chapter 8 Urban Release Areas

Comment: Not applicable.

Chapter 9 Vegetation Removal

Comment: No vegetation is proposed to be removed.

Chapter 10 Watercourses & Riparian Land

Subchapter	Objectives	Controls	Comment
10.1 Visual Amenity	Consistent	Consistent	The modified proposal is unlikely to produce any significant adverse visual impact. The proposed development is to be setback at least 100m from the Murray River and will be camouflaged by the surrounding native vegetation in the area. The proposed shed will be setback at least 10m from all property boundaries.
10.2 Boat Ramps	Not Applicable	Not Applicable	No boat ramp is proposed.
10.3 Pontoons and Walkways	Not Applicable	Not Applicable	No pontoons or walkways are proposed.
10.4 Retaining Walls	Not Applicable	Not Applicable	No retaining walls are proposed.
10.5 Stairs	Not Applicable	Not Applicable	No stairs on the river bank are proposed.
10.6 Moorings	Not Applicable	Not Applicable	No moorings are proposed.
10.7 Liability and Public Safety	Not Applicable	Not Applicable	Not applicable.
10.8 Landscaping	Consistent	Consistent	It is considered that the modified application does not require additional landscaping to occur. The subject site contains significant native vegetation and the modified application does not propose the removal of any native vegetation.
10.9 Unauthorised Structures	Noted.	Noted.	Noted. See original comment below: Council consent has been applied for regarding the primitive camping ground use and construction/installation of a farm building and amenities. Previous plans submitted (which have been required to be superseded) showed a number of transportable homes located within the river front area of this lot. This issue has been identified to Council’s compliance officers. The subject transportable homes will not be located on any plans which may be stamped as part of any potential consent issued.

Chapter 11 Flood Prone Land

Comment: The proposed modification does not alter the original assessment against this Chapter. See below:

The subject site is mapped as Flood Prone Land under the Murray LEP 2011, and is classed as ‘High Hazard Flood Floodway’ in the Murray DCP 2012, located in Flood Planning Area 1. The 1 in 100 flood level on the site is 95.68m AHD whilst the 1 in 200 flood level is 95.86m AHD. The height of the subject site varies from 90.8m AHD to 95.13m AHD, with the majority of the land being significantly inundated in flood events. It is considered however that the application is consistent with the objectives of this Chapter. This Chapter outlines detailed controls to reduce the risk to occupants of flood prone land by reducing the impact of flooding and flood liability. The proposed development is unlikely to affect flood behaviour. In a flood event the proposed camping ground will not be occupied. The proposed shed is unlikely to cause any significant adverse impact to flooding, whilst it is noted that this is not a habitable building.

Considerations	Comment
Whether the proposed development is reasonable having regard for the flood risk and resources available to the location. Applicants should place no reliance on the implementation of a condition specifying a private evacuation/flood management plan as a means to overcome an unacceptable flood risk.	The subject site is significantly constrained by flooding. It is considered however that the proposed development is compatible with the flood hazard affecting the site as the application is for a primitive camping ground and shed which is not habitable. The proposed camping ground is proposed to include amenities to service the proposed development. In a flood event the proposed private camping ground can be vacated.
The need for a benefit/cost assessment that takes account of the full cost to the community of the flood response and flood damage likely to be incurred to the development and upon other development.	It is considered that the proposed development is unlikely to result in unsustainable social and economic costs to the community as a consequence of flooding. The proposed camping ground can only be used on a temporary basis and in the event of flooding occurring on the land, occupants have sufficient access to leave the property.
Specific principles relating to flood liable land contained within Murray Regional Environmental Plan No.2 - -Riverine Land (MREP2)	These principles have been assessed in the relevant section of this report.
The Floodplain Development Manual – the Management of Flood Liable Land (2005)	It is considered that the proposed development is consistent with the Floodplain Development Manual – the Management of Flood Liable Land (2005). The temporary installation of campervans, along with the have a negligible impact on flooding affecting the subject site.

Chapter 12 Notification Policy

Comment: The modified Application was notified to various Governmental agencies and neighbouring properties in accordance with this Chapter.

3.2(a)(iiia) Any Planning Agreements

Comment: No planning agreements apply.

3.2(a)(iv) The regulations

Comment: The regulations have been considered in the assessment of this modified application.

Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005

Part 1 Preliminary

Clause 3 Object

The object of this Regulation is to provide opportunities for affordable alternatives in short-term and long-term accommodation:

(a) by continuing in force (in amended form) the standards for the design of manufactured home estates, caravan parks and camping grounds established by the former Regulations, and

Comment: It is considered that the proposed modified development is generally in accordance with this object. It is noted however that Council’s legal advice has advised that caravans are not permitted within the definition of a camping ground, therefore Council staff are unable to approve the request to permit caravans within the camping ground.

(b) by continuing in force (in amended form) the standards for the design and construction of manufactured homes and other moveable dwellings and for their siting established by the former Regulations, and

(c) by continuing in force (in amended form) the standards to promote the health, safety and amenity of the occupiers of manufactured homes and other moveable dwellings established by the former Regulations.

Comment: It is considered that the proposed modified development is generally in accordance with the object of this Regulation. The proposed camping ground will provide additional short term accommodation opportunities for the subject site’s landowners and their families. The application is consistent with the requirements and standards of both the current and repealed regulations in relation to the design of a primitive camping ground, and in the promotion of the health, safety and amenity of the occupiers of camping grounds.

Part 3 Caravan parks, camping grounds and moveable dwellings

Division 2 Approvals and exemptions

Subdivision 1 Operation of caravan parks and camping grounds

Note. Section 68 of the Act prohibits a person from operating a caravan park or camping ground without the prior approval of the council. Part 1 of Chapter 7 of the Act deals generally with the granting, amendment, extension, renewal, revocation and modification of approvals. Approvals may be granted subject to conditions, including conditions prescribed by the regulations. Section 626 makes it an offence to fail to obtain an approval. Breach of any condition of an approval constitutes an offence under section 627 of the Act.

Comment: Noted.

Clause 71 Factors for consideration before approval is granted

Comment: Please see assessment against Subdivision 9 of Division 3. It is noted that no relocatable home, rigid annexe or associated structure is permitted to be constructed on the subject site. It is also noted that Council’s legal advice has advised that caravans are not permitted within the definition of a camping ground, therefore Council staff are unable to approve the request to permit caravans within the camping ground.

Clause 72 Matters to be specified in approval

Comment: The relevant requirements will be outlined in any approval granted.

Clause 73 Conditions of approval to operate caravan park or camping ground

Comment: The relevant requirements will be outlined in any approval granted.

Subdivision 2 Installation of moveable dwellings and associated structures in caravan parks and camping grounds

Comment: Noted.

Clause 74 Conditional exemptions

Comment: Noted.

Clause 75 Installation on flood liable land

Comment: Noted.

Clause 76 Installation of relocatable home, rigid annexe or associated structure of more than one storey

Comment: Noted.

Clauses 83 - 131

It is noted that Clauses 83 to 131 do not apply to the subject modified proposal as the applicant seeks consent for a land use defined as a ‘primitive camping ground’ under the Regulations rather than a ‘camping ground’.

Division 3 Caravan parks and camping grounds

Subdivision 9 Primitive camping grounds

Clause 132 Primitive camping grounds

(1) If an approval to operate a primitive camping ground designates one or more camp sites within that ground, then the maximum number of designated camp sites is not to exceed a mean average of 2 for each hectare of the camping ground (where that figure is the average calculated over the total area of the primitive camping ground).

Comment: The Applicant has not proposed to designate camp sites. Any approval granted will therefore not designate sites. The approval will designate an area where camping will be permitted. A condition of consent will restrict camping outside this area. Please see section (3) of this clause for more information.

(2) The following conditions apply to a primitive camping ground:

(a) if the approval to operate the primitive camping ground designates one or more camp sites within that ground—camping is not permitted within the primitive camping ground other than on those designated camp sites,

Comment: The approval will not designate sites. The approval will designate an area in which camping will be permitted. A condition of consent will restrict camping outside this area.

(b) if the approval to operate the primitive camping ground does not designate one or more camp sites within that ground—the maximum number of caravans, campervans and tents permitted to use the camping ground at any one time is not to exceed a mean average of 2 for each hectare of the camping ground (where that figure is the average calculated over the total area of the primitive camping ground),

Comment: The applicant in the original application stated that they are to have no more than ten (10) privately owned caravans on the property at any one time. It is noted however that Council’s legal advice has advised that caravans are not permitted within the definition of a camping ground, therefore Council staff are unable to approve the request to permit caravans within the camping ground. Any approval will not designate camp sites, therefore no more than ten (10) campervans and tents (excluding caravans which are prohibited) being used at any one time within the proposed primitive camping ground will comply with the requirements of the Clause given the size of the allotment.

(c) a caravan, annexe or campervan must not be allowed to be installed closer than 6 metres to any other caravan, annexe, campervan or tent,

Comment: Noted. This requirement will form a condition of consent. It is noted however that Council’s legal advice has advised that caravans are not permitted within the definition of a camping ground, therefore Council staff are unable to approve the request to permit caravans within the camping ground.

(d) a tent must not be allowed to be installed closer than 6 metres to any caravan, annexe or campervan or closer than 3 metres to any other tent,

Comment: Noted. This requirement will form a condition of consent.

(e) the camping ground must be provided with a water supply, toilet and refuse disposal facilities as specified in the approval for the camping ground,

Comment: Noted. This requirement will form a condition of consent.

(f) unoccupied caravans, campervans and tents are not to be allowed to remain in the camping ground for more than 24 hours,

(g) if a fee is charged for camping, a register must be kept that contains entries concerning the same matters as are specified in clause 122 and, in addition, that specifies the size of the group (if any) with whom the person listed in the register camped,

Comment: This requirement will form a condition of any consent granted. It is also noted that the applicant has stated that the proposed camping ground is to be for private use only.

(h) such fire fighting facilities as may be specified in the approval are to be provided at the primitive camping ground.

Comment: Noted. This requirement will form a condition of consent.

(3) If the approval to operate a primitive camping site does not designate camp sites, a council may impose as a condition of the approval that the installation of tents, caravans, campervans and annexes is not permitted on a particular area or areas of land within the primitive camping ground, for reasons of health or safety or to ensure consistency with the principles of ecologically sustainable development or for any other purpose.

Comment: Any development consent granted will include a condition of consent which prohibits camping from occurring on land within a river front area. This is proposed in order to ensure consistency with the principles of ecologically sustainable development.

(4) The provisions of Subdivisions 1–8 do not apply to a primitive camping ground.

Comment: Noted.

(5) For the purposes of subclause (2) (b), in the calculation of the number of tents using a camping ground, 2 or more tents occupied by not more than 12 persons camping together as a group are to be counted as only one tent.

Comment: Noted.

3.3(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.

Environmental Impacts

Natural Environment

Comment: The modified application does not propose the removal of any native vegetation or habitat from the subject site. The proposed modified development is considered unlikely to significantly impact on the natural environment.

Built Environment

Heritage

Comment: No adverse impact is predicted to occur. Any modified consent issued will include appropriate conditions of consent regarding Aboriginal Cultural Heritage.

Watercourse

The proposed modified development will have a minimal impact on the Murray River as the proposal is to be setback at least 100m from the bank of the Murray River. The proposed modified development will increase human activity around the river and its bank however such activity is not considered to have a significant adverse impact.

Water

Comment: The subject modification does not affect this assessment. See original assessment:

The proposed development will provide potable water from tanks which will need to comply with NSW Health requirements. Campervans etc. parked on the site will only create negligible amounts of stormwater, which will not be discharged into the Murray River.

Hazards

Comment: The development site is flood and partly bushfire prone. These hazards are addressed more specifically under their individual headings.

Bushfire

Comment: Part of the property is mapped as bush fire prone land. The modified application was subsequently referred to NSW RFS, who provide conditions of modified consent.

Flooding

Comment: The subject site is mapped as Flood Prone Land. The proposed modification is not considered inappropriate for the subject site. Please see relevant sections of this report for more detail.

Waste

Comment: Waste will be collected and then disposed of into Council’s landfill though a refuse disposal facility.

Noise /Operating Hours

Comment: The subject modification does not affect this assessment. See original assessment:

The proposed use of the site as a primitive camping ground has the potential to create irregular noise from campers, however this is considered to be no different to any other camping area. The property is located in a rural locality and is well setback from the nearest residence.

Siting and density

Comment: The subject modification does not affect this assessment. See original assessment:

It is considered that the proposed primitive camping ground is appropriately sited as it is well setback from the Murray River on a cleared portion of the property which limits any impact on the riparian environment.

Amenity/Adjoining land

Comment: The subject modification does not affect this assessment. See original assessment:

The proposed development will have minimal impact on the amenity given the primitive camping ground is proposed to occur on a rural property. The nearest dwelling house (which is in fact located across the Murray River in Victoria) is approximately 160m from the site of the proposed camping ground. There is also a buffer between the proposed camping ground and adjoining rural properties. The proposed development will have no other significant adverse impact on adjoining rural land.

Visual impact

Comment: The proposed modified development will have minimal visual impact. The proposed camping ground is setback a minimum of 100m from the Murray River. Any camping ground approval will only permit campervans etc. to be erected / installed for short term use. The proposed farm building is appropriately setback from property boundaries to avoid any adverse visual impact.

Cumulative effect

Comment: The proposed modified development is not considered to have a cumulative effect.

Public domain

Comment: The proposed modified development is not considered to have a detrimental impact on the public domain. The property adjoins a Crown reserve which can be utilised to access the Murray River. It is important that the proposed modified development does not encroach upon this Crown reserve; therefore this requirement will form a condition of any modified development consent granted.

Access

Comment: The subject site gains vehicle access via a carriageway access easement burdening Lot 101 DP 751152 & Lot 1 DP 668650, and subsequently off Old Barmah Road. This access is considered adequate to service the proposed development.

Traffic/ Road capability

Comment: The modified proposal is for a private camping ground and farm building. It is therefore considered that the proposed modified development will have minimal traffic impact with higher traffic concentration to only occur during peak holiday times. The original application was referred to Council’s Engineering Department who did not object to the granting of consent.

Parking

Comment: The subject site contains ample room for vehicle parking.

Social Impacts

Comment: It is considered that the proposed modified development is unlikely to cause any detrimental social effects.

Economic Impacts

Comment: It is considered that the proposed modified development is unlikely to cause any detrimental economic effects. The modified application is for a private camping ground and construction of a shed on the subject site.

3.4(c) The suitability of the site for the development

Comment: The subject site is considered suitable for the proposed modified development. The allotment abuts the Murray River which provides amenity and recreational opportunities for private campers. The subject site is also in close proximity to the urban area of Moama and has satisfactory road access via a carriageway easement and Old Barmah Road. The site of the proposed camping ground is set well back from the Murray River (100m) and no native vegetation is proposed to be removed. The site is subject to flooding however these impacts are considered acceptable given the camping ground will be vacated during a flood event. It is noted however that Council’s legal advice has advised that caravans are not permitted within the definition of a camping ground, therefore Council staff are unable to approve the request to permit caravans within the camping ground.

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

Agencies

NSW NRAR Water	No objections.
NSW Crown Lands	No objections subject to conditions.
NSW OEH	No objections subject to conditions.
VIC DELWP	No objections.
WaterNSW	No objections.
NSW EPA	No objections subject to conditions.
Destination NSW	No response.
NSW DPE	No response.
VIC Shire of Campaspe	No objections.
MDBA	No objections.
NSW RFS	No objections subject to conditions.

Public Submissions

No public submissions were received.

3.6(e) The public interest.

Comment: The public’s interest has been considered throughout the assessment of this modified development application. It is considered that the proposed modified development will have no significant adverse impact on the public interest.

Conclusion

The proposed modified development has been assessed in accordance with the provisions of Section 4.15 and Section 4.55 of the Environmental Planning and Assessment Act 1979 and is considered to be partially satisfactory. The proposed modified development will not adversely impact upon Murray River Council, however it is noted Council’s current legal advice outlines that caravans are not permitted as part of any (primitive) camping ground. It is therefore recommended that partial modified development consent be granted subject to relevant conditions outlined below.

Conditions:

Ø Modified Conditions:

Condition 1

Condition 5

Condition 6

Condition 7

Condition 9

Condition 24

Condition 59

Condition 60

Condition 62

Ø Deleted Conditions:

Condition 4

Condition 41

Ø Additional Conditions:

Nil

Section 4. Conditions of Development Consent

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.

Conditions that must be fulfilled prior to the release of a Construction Certificate

1. The farm building must be constructed / installed from materials and colours that blend in with the natural riverine environment. Details of materials, finishes and colour schemes must be submitted and endorsed by Council prior to the issue of the Construction Certificate.

Reason: To ensure that the development is complimentary to its riverine environment and to comply with Murray REP No.2.

2. The proponent must identify the area designated for the camping ground on the subject site through the installation of tangible objects such as bollards and/or native landscaping. The 100m setback to the top of the bank of the Murray River must be set out by a Registered Land Surveyor. There must be no camping on land identified as ‘river front area’, which means the land within 100m of the top of the bank of the Murray River. Signage must be installed stipulating areas where camping is permitted and not permitted. Documentary evidence and details of proposed measures to identify the camping area must be submitted and endorsed by Council with the application for a Construction Certificate. These measures must be installed prior to the issue of a Section 68 Approval to Operate the Camping Ground.

Reason: To ensure compliance with Clause 7.4 of the Murray Local Environmental Plan 2011.

3. The applicant must provide Council with a detailed report from an appropriate consulting structural engineer demonstrating that the farm building can withstand the force of flowing floodwaters and buoyancy forces in 0.5% AEP flood events. If any earth pad is required for the subject farm building, all details of such earth pad must be approved by Council prior to the release of the Construction Certificate. Any earth pad must be in suitable proportion with the size of the shed. No excessive earth pad is permitted.

Reason: To ensure that the shed can withstand the impact of floodwaters and buoyancy forces associated with flooding.

4. Deleted.

5. The Applicant must submit an emergency management plan for the development prepared to the satisfaction of Council. This emergency management plan must include:

· An emergency/evacuation plan for bushfire, prepared for the proposed development consistent with the NSW Rural Fire Service document ‘Guidelines for the Preparation of Emergency/Evacuation Plan

· An emergency/evacuation plan for flood events prepared in accordance with Councils ‘guide to flood emergency planning for tourist operators’. This plan must detail how people are to be evacuated, how services will be disconnected and campervans, tents, refuse facility, amenities etc. removed in the event of a flood.

Reason: To comply with the Murray Development Control Plan 2012 and NSW Rural Fire Service requirements.

6. The Applicant must submit to Council an appropriate stormwater management plan prior to the release of a Construction Certificate. Details in respect to stormwater management must be submitted to and endorsed by Council prior to the issue of a Section 68 Approval. Stormwater disposal on the property must be to the satisfaction of NSW Office of Environment and Heritage / NSW NRAR Water. No untreated stormwater is to be directly discharged into any watercourse (including the Murray River), and no stormwater generated by the development is to traverse any adjoining property. The plan must incorporate Water Sensitive Urban Design techniques and be consistent with ‘The Blue Book: Managing Urban Stormwater’ produced by LANDCOM.

Note. The Act requires stormwater drainage work to be carried out only with the approval of the Council. The Local Government (General) Regulation 2005 specifies further requirements with respect to drainage.

Reason: To ensure the development is adequately serviced and to protect the natural environment and amenity of the area.

7. Internal roads must comply with the following requirements of section 4.2.7 of 'Planning for Bush Fire Protection 2006':

· Internal roads must be two wheel drive, all-weather roads.

· Dead end roads must incorporate a minimum 12 metres outer radius turning circle or other turning head design, and must be clearly signposted as a dead end.

· Traffic management devices must be constructed to facilitate access by emergency services vehicles.

· A minimum vertical clearance of 4 metres to any overhanging obstructions, including tree branches must be provided.

· Curves must have a minimum inner radius of 6 metres and must be minimal in number to allow for rapid access and egress.

· The minimum distance between inner and outer curves is six metres. Curves must have a minimum inner radius of 6 metres and must be minimal in number to allow for rapid access and egress.

· Maximum grades must not exceed 15 degrees and average grades must not be more than 10 degrees.

· Crossfall of the pavement must not be more than 10 degrees.

· Roads must not traverse through a wetland or other land potentially subject to periodic inundation (other than flood or storm surge).

· Roads must be clearly signposted and bridges clearly indicate load ratings.

· The internal road surfaces and bridges have a capacity to carry fully loaded fire fighting vehicles (15 tonnes).

Note: The developer is required to submit and have approved by Council the appropriate details/plans to ensure compliance with the above requirements prior to the release of the Construction Certificate.

Reason: To comply with NSW RFS requirements.

Conditions that must be fulfilled prior to the commencement of any works

8. The Applicant must, in accordance with the Public Health Act 2010:

· Develop and adhere to a quality assurance program for the private drinking water supply; and

· Provide a copy of the program to the local Public Health Unit.

The quality assurance program must be approved by Council prior to implementation.

Reason: To ensure compliance with the Public Health Act 2010.

9. An amended Construction Certificate must be submitted to, and approved by a nominated Certifying Authority prior to any building works taking place on the subject site.

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

10. An erosion and sediment control plan must be prepared and submitted to Council prior to the commencement of any works. Exposed surface soil must be stabilised as soon as possible to avoid potential erosion and dust issues. This plan must be approved by Council prior to the commencement of any works.

Reason: To ensure the erosion and sediment is appropriately managed during construction.

11. 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.

12. An application under Section 68 of the Local Government Act 1993 must be lodged (application fees apply) and approved prior to any sanitary plumbing and drainage work, installation of sewage disposal system, operate a system of sewerage management, stormwater work, or water supply works commencing on the site. Once the Section 68 approval has been granted, before any sanitary plumbing and drainage work, installation of sewage disposal system, operate a system of sewerage management, stormwater work, or water supply work is commenced, a Notice of Work (NoW) must be submitted to Council 48 hours prior to works commencing. On completion of work, the licensed plumber / drainer must apply for an inspection and a Certificate of Compliance (CoC) must be submitted to Council. A sewer service diagram (SSD) must also be provided to Council upon completion of the drainage works.

Reason: To ensure that the installation of plumbing and drainage work is in accordance with Australian Standards and the Plumbing Code of Australia.

13. The Applicant must advise Council of the destination of any excavated material (i.e. from the proposed installation of septic holding tank). No earthworks are permitted to occur prior to Council consenting to the proposed destination of excavated material.

Reason: To protect the natural environment and amenity of the area.

14. A refuse facility must be provided to service the primitive camping ground. Details of this refuse facility must be provided and approved by Council prior to the commencement of any works.

Reason: To ensure the development is adequately serviced.

General Conditions that must be fulfilled

15. The development must be carried out in accordance with the plans submitted to and stamped by Council as part of the application.

Any amendments to these plans require the consent of Council.

Reason: To ensure that the development is carried out as assessed and approved by Council.

16. This consent is for the partial use of the land as a ‘camping ground’ only, as defined in the Murray Local Environmental Plan 2011.

A camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.

The camping ground is to be used as a primitive camping ground as defined within the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005).

A primitive camping ground means a camping ground that is specified in its approval as being a primitive camping ground.

For the purposes of this consent, a

campervan means a moveable dwelling (other than a caravan) that is designed so as to be capable of being registered (within the meaning of the Road Transport Act 2013) as a motor vehicle, and includes a camper trailer.

moveable dwelling means:

(a) any tent, or any van (other than a caravan) or other portable device (whether on wheels or not), used for human habitation.

The consent is not for a caravan park.

As defined in the Murray Local Environmental Plan 2011;

caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.

Reason: To ensure that the development is carried out as assessed and approved by Council.

17. The shed must not be used for residential accommodation or tourist and visitor accommodation and can only be used as a farm building as was approved. Any amendment to this use requires the consent of Murray River Council.

Under the Murray LEP 2011,

farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.

residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following:

(a) attached dwellings,

(b) boarding houses,

(c) dual occupancies,

(d) dwelling houses,

(e) group homes,

(f) hostels,

(g) multi dwelling housing,

(h) residential flat buildings,

(i) rural workers’ dwellings,

(j) secondary dwellings,

(k) semi-detached dwellings,

(l) seniors housing,

(m) shop top housing,

but does not include tourist and visitor accommodation or caravan parks.

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:

(a) backpackers’ accommodation,

(b) bed and breakfast accommodation,

(c) farm stay accommodation,

(d) hotel or motel accommodation,

(e) serviced apartments,

but does not include:

(f) camping grounds, or

(g) caravan parks, or

(h) eco-tourist facilities.

Reason: To ensure that the development is carried out as assessed and approved by Council.

18. The approval is for a private primitive camping ground which must not be used for commercial purposes.

Reason: To ensure that the development is carried out as assessed and approved by Council.

19. No fill is permitted to be brought on site, without the prior written consent of Council.

Reason: To ensure that the development is carried out as assessed and approved by Council.

20. Solid waste generated on site must be collected and then disposed of appropriately within a designated and approved land fill.

Reason: To protect the natural environment.

21. No advertising signage is approved as part of this application. A development application must be submitted to, and approved by Council prior to the construction of any advertising signage on the subject site, unless the proposed advertising signage is classed as Exempt Development under the Murray Local Environmental Plan 2011 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Reason: To ensure that the development is carried out as assessed and approved by Council.

22. The camping ground and occupiers must adhere to relevant legislation including the Protection of the Environmental Operations Act 1997, the Protection of the Environmental Operations (Noise Control) Regulation 2008, along with the requirements of the NSW EPA.

Reason: To limit any significant adverse impact to the amenity of the area.

23. Appropriate erosion and sedimentation control measures must be installed and maintained on site 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 prevent water pollution and protect the amenity of the adjoining area, and to comply with the Protection of the Environment Operations Act 1997 and Council Policy.

24. There must be no clearing of any native vegetation.

Reason: To comply with the Biodiversity Conservation Act 2016.

25. Deleted.

26. 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.

27. Any fencing along the property boundary of the subject site must be of a post and wire ‘rural style’.

Reason: To ensure that the amenity of the area is not adversely impacted upon.

28. All services to the development must be designed to withstand inundation from floodwater and must be capable of being disengaged and sealed in times of flooding.

Reason: To prevent contamination of floodwaters.

29. The septic holding tank must be pumped out as soon as it reaches 75% capacity. The disposal of wastewater must be undertaken by a suitably accredited specialist.

Reason: To protect the natural environment.

30. No caravan(s), manufactured home(s) or relocatable home(s) are to be installed / placed on the subject site at any time.

For the purposes of this condition, caravans, manufactured home(s), and relocatable home(s) are defined as:

“caravan means a moveable dwelling that is designed so as to be capable of being registered (within the meaning of the Road Transport Act 2013) as a trailer, but does not include a camper trailer”.

“manufactured home means a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling:

(a) that comprises one or more major sections, and

(b) that is not a motor vehicle, trailer or other registrable vehicle within the meaning of the Road Transport Act 2013,

and includes any associated structures that form part of the dwelling”.

“Relocatable home means:

(a) a manufactured home, or

(b) any other moveable dwelling (whether or not self-contained) that comprises one or more major sections, including any associated structure that forms part of the dwelling,

but does not include a tent, caravan or campervan or any moveable dwelling that is a vehicle of a kind that is capable of being registered within the meaning of the Road Transport Act 2013”.

Reason: To ensure that the development is carried out as assessed and approved by Council.

31. The development must comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 and in accordance with the relevant requirements of Subdivision 9 of Division 3 of Part 3.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

32. A maximum of ten (10) campervans and tents are permitted to use the camping ground at any one time.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

33. An annexe or campervan must not be allowed to be installed closer than six (6) metres to any other annexe, campervan or tent.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

34. A tent must not be allowed to be installed closer than 6 metres to any annexe or campervan or closer than 3 metres to any other tent.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

35. Unoccupied campervans and tents must not remain in the camping ground for more than twenty-four (24) hours.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

36. A person must not stay in a campervan, tent, annex or other similar portable and lightweight temporary shelter within the primitive camping ground for a total of more than 50 days in any 12 month period.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

37. The camping ground must be supplied or connected to potable water supply, toilet and refuse disposal facilities to the satisfaction of Council. The water supply service must comply with:

(a) the Plumbing and Drainage Act 2011 and any regulations under that Act, and

(b) the requirements of any relevant statutory body.

The water supplied for human consumption or domestic purposes must comply with the Australian Drinking Water Guidelines published in 2004 by the National Health and Medical Research Council.

Reason: To ensure the camping ground is supplied with adequate potable water supply.

38. No relocatable home, rigid annexe or associated structure is permitted to be constructed on the site at any time.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

39. All services to the development must be designed to withstand inundation from floodwaters and be able to be disengaged in times of flooding and capped to prevent inundation/contamination/failure.

Reason: To comply with the Murray Development Control Plan 2012.

40. The entirety of the subject site is flood liable land. There must be no filling of the site. The camping ground is not permitted to be occupied should there be a flood event that will affect the property. All campervans and tents must be removed from the site in such an event. Council cannot guarantee access and egress during flood events.

Reason: To address flood impacts and to ensure the protection of the environment.

41. Deleted.

42. No dwelling houses are permitted to be constructed on the subject site.

Reason: To ensure that the development is carried out as assessed and approved by Council.

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

During installation the proponent must undertake measures to minimise dust and noise.

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

44. 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.

45. Any damage or deterioration to any portion of 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.

46. 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.

47. All aspects of the camping ground must be setback at least 100m from the high bank of the Murray River.

Reason: To protect the riverine environment.

48. No vehicular access to the Murray River is allowed at any time. Pedestrian access to the River Murray must be restricted to constructed pathways and a vegetated strip of river frontage must be retained as a buffer between the River and camping sites and amenities.

Reason: To ensure that the development is carried out as assessed and approved by Council.

49. Under Section 120 of the Protection of the Environment Operations Act 1997, it is an offence to pollute waters. As such, any stormwater generated by the proposal must be adequately disposed of via a method approved by Council’s Engineering Department. Details of stormwater disposal must be provided to Council’s Engineering Department for approval prior to operation of the site as a camping ground.

Reason: To minimise pollution and to protect the water quality of the River Murray, to ensure compliance with the Protection of the Environment Operations Act 1997, and to ensure stormwater is adequately and appropriately disposed of from the camping ground.

50. Any additional development on the allotment will be required to be applied for and approved by Council.

Reason: To ensure that the development is carried out as assessed and approved by Council.

51. To ensure the proposed camping ground is able to be adequately serviced by emergency vehicles, the applicant must liaise with the relevant emergency services to ensure emergency vehicles can access the subject site and to ensure compliance with the Terms of Easement affecting the subject site.

Reason: To ensure that the proposed camping ground can be adequately serviced by emergency services.

52. Noise from the camping ground must be managed and noise mitigation measures are to be implemented so as not to constitute offensive noise to the neighbouring properties. The noise level emitted from the property must not exceed the background noise level in any Octave Band Centre Frequency (31.5 Hz – 8k Hz inclusive) by more than 5 dBA at the boundary of any affected property after 12:00am on any given day.

Reason: To reduce any detrimental effects noise may have on surrounding properties and to comply with the Protection of the Environment Operations Act 1997.

53. Works 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.

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

o Not further harm the object;

o Immediately cease all work at the particular location;

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

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

o 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, all work must stop immediately, the area must be secured to prevent unauthorised access, and NSW Police and NSW OEH must be 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.

55. The developer must ensure that the camping ground is serviced by appropriate telecommunication connections.

Reason: To satisfactorily service the camping ground.

56. 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.

NSW EPA Conditions that must be fulfilled

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

Reason: To comply with NSW EPA requirements.

58. Deleted.

NSW Crown Lands Condition that must be fulfilled

59. The proponent must not:

· encroach upon the adjacent and adjoining Crown land,

· remove any vegetation from the adjacent and adjoining Crown land,

· stockpile materials, equipment or machinery on the adjacent and adjoining Crown land,

· use the adjacent and adjoining Crown land as access,

· direct stormwater discharges on the adjacent and adjoining Crown land, or

· use the adjacent and adjoining Crown land as an asset protection zone.

Reason: To comply with NSW Crown Lands requirements.

NSW Rural Fire Services Conditions that must be fulfilled

Asset Protection Zones

60. At the commencement of use for primitive camping and in perpetuity the property around each primitive camping site to a distance of 50 metres, must be maintained as an inner protection area (IPA), and 10 metres, must be maintained as an outer protection area (OPA) as outlined below.

(a) The inner protection area must comprise of the following:

· minimal fine fuel at ground level;

· vegetation that does not provide a continuous path to the building/camp sites for the transfer of fire;

· shrubs and trees that do not form a continuous canopy and vegetation is planted/cleared into clumps rather than continuous rows;

· species that retain dead material or deposit excessive quantities of ground fuel are avoided;

· shrubs and trees are pruned or removed so they do not touch or overhang the building/camp sites; and

· vegetation is located far enough away from the building/camp sites so that plants will not ignite the building/camping structures by direct flame contact or radiant heat emission.

(b) The outer protection area must comprise of the following:

· vegetation that does not provide a continuous path for the transfer of fire; and

· fuel loadings are maintained below 8 tonnes per hectare by mowing, slashing or other approved hazard reduction methods.

Reason: To comply with NSW RFS requirements and to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building.

Water and Utilities

61. Water, electricity and gas must comply with the following requirements of Section 4.1.3 of 'Planning for Bush Fire Protection 2006':

· A hardened ground surface for truck access must be supplied up to and within 4 metres of the water source.

· A 65mm metal Storz outlet with a gate or ball valve must be provided.

· The water tank if located above ground must be of a non-combustible material.

· The gate or ball valve, pipes and tank penetration must be adequate for full 50mm inner diameter water flow through the Storz fitting and must be metal.

· All associated fittings to the tank must be non-combustible.

· A minimum 5hp or 3kW petrol or diesel powered pump must be made available to the water supply.

· Reticulated or bottled gas must be installed and maintained in accordance with Australian Standard AS/NZS 1596:2014: 'The storage and handling of LP gas' and the requirements of relevant authorities. Metal piping must be used.

· The water tank and storage water trailer must be filled at the beginning of each tourist season. The storage water trailer and pump must be tested annually to ensure full operational functionality.

Reason: To comply with NSW RFS requirements and to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building.

Access

62. Internal roads must comply with Section 4.2.7 of 'Planning for Bush Fire Protection 2006'.

Reason: To comply with NSW RFS requirements and to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area.

Evacuation and Emergency Management

63. An Emergency/Evacuation Plan must be prepared detailing the following:

i. under what circumstances will the complex be evacuated;

ii. where will occupants be evacuated to;

iii. roles and responsibilities of persons co-ordinating the evacuation;

iv. roles and responsibilities of persons remaining with the complex after evacuation; and

v. a procedure to contact the NSW Rural Fire Service District Office / NSW Fire Brigade and inform them of the evacuation and where they will be evacuated to.

Reason: To comply with NSW RFS requirements and to provide safe operational access for emergency services personnel in suppressing a bush fire, while residents are accessing or egressing an area.

64. The nominated evacuation point on the sandbar is deemed to experience a radiant heat of greater than 2kW/m² and as such is unsafe. The preferred emergency and evacuation plan would be to leave the site early on fire danger days.

Reason: To comply with NSW RFS requirements and to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments.

NSW RFS Advice

Riparian Areas

The asset protection zones (APZ) required as part of the development will encompass land that will be located within a riparian corridor/area. Ecological management of the riparian area may conflict with that required for the APZ’s.

In this regard the applicant will need to liaise with the relevant Government Department to identify their management requirements do not conflict with those required for the APZ’s by the NSW Rural Fire Service.

Conditions that must be fulfilled prior to the release of the Occupation Certificate or use of the farm building

65. The applicant must not allow or permit the building (or part of the building, in the case of alteration or additions) to be occupied or used, until:-

a. All conditions of this consent have been completed in full;

b. An application for an Occupation Certificate has been completed and returned to the Principal Certifying Authority; and

c. The Principal Certifying Authority has issued an Occupation Certificate.

Reason: To comply with the requirements of the Environmental Planning and Assessment Act 1979 and to ensure compliance with conditions.

Conditions that must be fulfilled prior to the use of the site as a camping ground

66. The applicant must obtain a Section 68 Approval in accordance with the Local Government Act 1993 to:

F2 Operate a camping ground.

The approval to operate cannot be issued until all facilities required by Subdivision 9 of Division 3 of Part 3 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 have been approved and constructed/installed to the satisfaction of Council.

Reason: To comply with the requirements of the Local Government Act 1993.

67. Prior to issue of an approval to operate the camping ground the applicant must pay to Council an inspection fee in accordance with Council’s fees policy applicable at the time for the cost of providing inspections of works.

Reason: To enable Council to undertake an inspection of completed works.

68. The Council will not grant an approval to operate the camping ground unless it is satisfied that it complies with the conditions of consent and the requirements of Part 3, Division 3, Subdivision 9 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

69. Deleted.

70. Any unauthorised structures/development must be removed from the subject site, prior to the issue of the Section 68 Approval to Operate.

Reason: To ensure that the development is carried out as assessed and approved by Council.

71. Occupation - The Applicant must not allow or permit the site of the camping ground to be occupied or used, until:

a. All conditions of this consent have been completed in full.

Reason: To comply with the requirements of the Environmental Planning and Assessment Act 1979 and to ensure compliance with conditions of consent.

NSW NRAR Water Advice to Applicant

No permanent structures are to be erected without prior approval within 40m of the high bank of the Murray River, within the watercourse.

There must be no deposition or excavation without prior approval within 40m of the high bank of the Murray River or within the watercourse.

Vegetation within the watercourse or within 40 m of the high bank of Murray River is not to be removed or harmed.

Reason: To advise the Applicant of NSW NRAR Water’s requirements.

Advice to applicant

As outlined in Clause 74 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005, it is noted that the prior approval of the Council is not required for:

· the installation of a tent on a camp site within a camping ground.

· the installation of a campervan on a camp site within a camping ground

An exemption provided for by this advice applies in respect of the installation of a campervan or tent only if such installation is carried out by or with the consent of the holder of the approval to operate the camping ground.

Reason: To advise the Applicant of relevant legislation.

The subject site and surrounding area is currently zoned RU1 Primary Production under the Murray Local Environmental Plan 2011. This land zone allows agricultural type uses and development to occur. It is noted that adjoining properties zoned RU1 Primary Production are permitted to utilise the land for agricultural purposes providing they adhere to relevant legislation, and that the issuing of consent to use part of the subject site as a camping ground does not impede the ongoing use of surrounding RU1 Primary Production zoned land for agricultural purposes.

Reason: To advise the Applicant that adjoining properties are permitted to conduct agricultural activities.

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 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 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.

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.

Attachments

Nil


AGENDA Ordinary Council Meeting Tuesday, 26 March 2019
I hereby give notice that an Ordinary Meeting of Murray River Council will be held on:
Date:	Tuesday, 26 March 2019
Time:	6:00PM
Location:	The Venue, Moama Bowling Club 6 Shaw Street, Moama
Des Bilske General Manager