Agenda of Ordinary Council Meeting

MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

13.2 Development Application 10.2017.382.1 (DA 382/17)

File Number: -

Author: David Wilkinson, Relieving Director Planning & Environment

Authoriser: David Wilkinson, Relieving Director Planning & Environment

Applicant: Planright Surveying

Owner: Gateway Lifestyle Investments Holdings P/L

Proposal: Forty Four (44) Dwelling site Manufactured Homes Estate

Location: Lot: 1 DP: 802381 – Kiely Road, Moama NSW 2731

Recommendation

That Development Application 382/17 be granted development consent, subject to the conditions outlined in the report.

Background

Section 1: Executive Summary

The Application seeks permission to establish a forty-four (44) dwelling site Manufactured Home Estate (MHE) on the subject site. The subject site of the proposed development is located on Lot 1 DP 802381, Kiely Road, Moama.

The subject site is zoned R1 General Residential. In accordance with the State Environmental Planning Policy No 36—Manufactured Home Estates, a MHE is permitted with consent in the R1 General Residential zone.

The Application was notified to relevant Governmental agencies and surrounding property owners in accordance with relevant legislation and Council’s Notification Policy. All Government agencies supported the proposed development subject to appropriate conditions of consent being placed on any approval granted.

A total of fifty-eight (58) public submissions were received, all of which were objecting to the proposed development. In summary the main concerns of these public objectors relate to potential detrimental impacts on existing facilities associated to the currently operating MHE adjacent to the proposed development, adverse traffic impacts associated with increase in traffic movements, and insufficient parking spaces.

Full detail of all concerns raised by the submission makers will be tabled at the meeting.

Any development consent issued in respect of the proposed development will be appropriately conditioned to minimise any significant adverse impact to the amenity of the surrounding area. The Application was referred to Council’s Engineering Department to assess issues regarding access and services/infrastructure to service the proposal. Council’s Engineering Department advised that upgrades to existing services and infrastructure will be required to be undertaken, at the Applicant’s/landowner’s expense, to ensure the proposal can be sufficiently serviced.

It is considered that the proposed development is generally consistent with the Murray Local Environmental Plan 2011 (Murray LEP 2011), the State Environmental Planning Policy No 36—Manufactured Home Estates (SEPP 36), the Murray Development Control Plan 2012 (Murray DCP 2012), the Murray Strategic Land Use Plan 2010-2030 (Murray SLUP) and other relevant planning instruments associated with the site. The Application has been assessed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979 and is deemed consistent with the requirements therein. The design of the proposed MHE is considered appropriate for the location, respects the riverine environment, and does not significantly adversely impact upon the existing amenity and neighbourhood character of the area.

It is therefore recommended that the proposed development be granted development consent subject to appropriate conditions of consent as detailed at the end of this report.

Discussion

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

Subject Site

Section 1: Introduction

1.1 Subject Land

The site subject to this development application is located at Kiely Road, Moama NSW 2731 on Lot: 1 DP: 802381 – Kiely Road, Moama. Land size is 2ha. The site is zoned R1 General Residential and is mapped as Murray Regional Environmental Plan No. 2 – Riverine Land. The site is also mapped as Urban Release Area and partly Terrestrial Biodiversity (Native Vegetation). The site is not mapped as Bush Fire Prone Land, Flood Prone Land, Key Fish Habitat (Aquatic Biodiversity), Wetlands, RAMSAR Wetlands, a Watercourse, mining resources or contaminated land. The site does not contain any known items of environmental heritage significance. The site is irregular in shape and directly adjoins the Cobb Highway, whilst containing a small amount of vegetation.

Figures 1 and 2 outline the subject site.

Figure 1 – Locality

Figure 2 – Aerial photograph of subject site. Subject site marked by black star. (Photo taken 7/11/2015)

Proposal

1.2 Commentary

The proposed development is a forty-four (44) dwelling site Manufactured Homes Estate on the subject site.

The design for the proposed MHE includes forty-four (44) individual private dwelling sites. The proposed dwelling sites range in size from 239m² to 387m².

The proposed design includes internal bitumen sealed roads, with the road reserve for major access roads being 8.5m in width with 6m wide bitumen seal. The road reserve for minor access roads is proposed to have a width of 8m with 6m wide seal. The proposed design is to include a 10m wide buffer along the property boundary abutting Cobb Highway (north-east), and 6m wide landscaping buffer along the southern boundary along Kiely Road. The proposed MHE is going to utilise already existing community amenities buildings and swimming pool area located within the existing MHE across Kiely Road.

Road access is proposed from Kirchhofer Street. Kiely Road is proposed to be utilised as a walking track only, and will be closed off to through traffic.

The applicant has also provided the following details to support the application (see Figure 3, overleaf):

Figure 3 – Site Plan

Statutory Assessment Process

Section 2: Statutory Assessment Process

2.1 Environmental Planning and Assessment Act 1979

Section 1.3 Objects

Comment: It is considered that the proposed development is consistent 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 development will not have a significant effect on the terrestrial and aquatic environment, threatened species, populations or ecological communities, or their habitats. The proposal is not considered to create any significant adverse environmental impact. It is therefore considered that the 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: Not applicable.

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: Not applicable.

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

Application lodged	10/11/2017
DA Panel	20/12/2017
Further information requested	22/12/2017
Site Inspection	16/01/2018
Further information received	28/03/2018
Neighbour Notification	24/04/2018
Amended plans received	17/07/2018
Applicant requested the application be placed on hold	November 2018
Applicant requests assessment be concluded	5/6/2019

2.3 Referrals and Owners Consent

Internal Referrals	DA Panel Engineering Department
External Referrals	Murray REP 2: - DPE - EPA - OEH - MDBA - DOI (Water) - Crown Lands - WaterNSW - Tourism NSW RMS Essential Energy (Infrastructure SEPP)
Advertised	Under Murray REP 2 for 30 days.
Public Notification	The proposed development was notified to adjoining property owners for 30 days in accordance with Murray REP2 and Murray DCP 2012 Chapter 12.
Owners Consent	Provided.

2.4 Contributions

Section 7.11 (formerly Section 94) Development Contributions are required.

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

Section 64 contributions are 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 development is consistent with the aims of Murray LEP 2011. The proposed development will provide appropriate development within the locality.

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: R1 General Residential

§ To provide for the housing needs of the community.

§ To provide a variety of housing types and densities.

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

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

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

Comment: The proposed development is considered to be consistent with the objectives of the R1 General Residential zone of the Murray LEP 2011. The application seeks permission for a MHE, which is permissible in the R1 zone.

The proposed development has the potential to provide for the housing needs of the community in the form of additional housing for the over 55 age bracket of the community and will add to the variety of housing types and densities within Moama. It is considered that the proposed development is appropriately sited to avoid potential land use conflict and does not pose an unreasonable adverse impact to the amenity of existing residents in the area.

Permissibility

Comment: The proposed development of a MHE is permitted with consent in the R1 General Residential zone.

Definitions

Manufactured home estate means land on which manufactured homes are, or are to be, erected.

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.

Dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

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: The subject site is mapped as an Urban Release Area.

Clause 6.1 Arrangements for designated State public infrastructure

Comment: Not applicable. The proposed development is not classed as designated State public infrastructure. The proposed development will be assessed against the Murray DCP 2012 which provides appropriate criteria to ensure that any proposed development is suitable for the site.

Clause 6.2 Public utility infrastructure

Comment: Noted. Council is satisfied that there is adequate public utility infrastructure available for the proposed development.

Clause 6.3 Development control plan

Comment: Noted. A suitable Development Control Plan has been developed for land mapped as an Urban Release Area within Murray River Council. The Murray DCP 2012 addresses all required details. The current development application will be assessed against these criteria which are detailed in this report.

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,	Available – to be connected.
(b) the supply of electricity,	Available – to be connected.
(c) the disposal and management of sewage,	Available – to be connected.
(d) stormwater drainage or on-site conservation,	On site conservation incorporated into design – to be installed.
(e) suitable road access	Existing access to be altered & upgraded.

Clause 7.2 Earthworks

Comment: Any earthworks are considered ancillary and not inconsistent with objectives of clause or requirements of subclause (3).

Clause 7.3 Biodiversity protection

Comment: The subject site is partly covered by Council’s biodiversity mapping. No vegetation is proposed to be removed as part of the proposed development. It is therefore considered that the proposed development is not inconsistent with the objectives of the clause.

Clause 7.4 Development on river front areas

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

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

Comment: Not applicable.

Clause 7.7 Wetlands

Comment: Not applicable.

Clause 7.8 Flood planning

Comment: Not applicable. The subject site is not mapped as flood prone land.

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: The proposed development is considered to be consistent with the aims of this plan. The use of the land is unlikely to detrimentally impact upon the riverine environment of the River Murray and is well setback from any watercourse.

Clause 3 Objectives of the plan

Comment: The proposed development is considered to be consistent with the objectives of this plan.

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 development is considered to be consistent with the general principles of this plan. The proposed development is unlikely to significantly adversely affect the River Murray.

Clause 10 Specific principles

Comment: The proposed development is considered to be consistent with the specific principles of this plan. The proposed development is unlikely to significantly adversely affect 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 Application was referred in accordance with the requirements of Manufactured Home Estates.

Clause 14 Building setbacks—special provisions

Comment: The proposed development is set well back from the Murray River (in excess of 1km) which is considered an acceptable outcome.

Dictionary

Comment: Noted.

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

Comment: The proposed 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 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: Not applicable.

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

Comment: Not applicable.

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

Comment:

Clause 2 Aims and strategies

(1) The aims of this Policy are:

(a) to facilitate the establishment of manufactured home estates as a contemporary form of medium density residential development that provides an alternative to traditional housing arrangements, and

Comment: It is considered that the proposed development is consistent with this aim. The application seeks permission to establish a Manufactured Home Estate as a contemporary form of medium density residential development in Moama which would provide an alternative to traditional housing arrangements.

(b) to provide immediate development opportunities for manufactured home estates on the commencement of this Policy, and

Comment: The proposed development is consistent with this aim.

(c) to encourage the provision of affordable housing in well-designed estates, and

Comment: It is considered that the proposed development is not inconsistent with this aim. The proposed development will allow for the provision of housing in a well-designed estate, which is aimed toward a specific market (the over 55 years of age section of the community). It is therefore considered that the proposed development is not inconsistent with the aim of providing affordable housing. The purchasing of a manufactured home within a MHE is considered realistic for people within the over 55 year old age range as the applicant has stated that it is intended for the proposed MHE to provide an option for retired people to downsize and allow a more flexible lifestyle, whilst still enjoying quality housing and community facilities. It is also noted that the Applicant has submitted appropriate plans outlining the proposed development, including suitable landscaping plans.

(d) to ensure that manufactured home estates are situated only in suitable locations and not on land having important resources or having landscape, scenic or ecological qualities that should be preserved, and

Comment: It is considered that the proposed development is consistent with this aim. The proposed development is situated in a suitable location and not on land which has important resources or having landscape, scenic or ecological qualities that should be preserved. Although Council has received numerous objections to the proposed development, it is considered that the proposal does not create any unreasonable impact and can be approved subject to appropriate conditions of consent.

(e) to ensure that manufactured home estates are adequately serviced and have access to essential community facilities and services, and

Comment: It is considered that the proposed development is consistent with this aim. The proposed Manufactured Home Estate can be adequately serviced by all required services and will have access to essential community facilities and services.

(f) to protect the environment surrounding manufactured home estates, and

Comment: It is considered that the proposed development is consistent with this aim. The proposed MHE is unlikely to significantly adversely impact upon the environment surrounding the estate. The proposed development will be contained within the R1 General Residential zone, with no significant adverse impact to terrestrial, aquatic or riverine biodiversity predicted to occur as a result of this proposal. The proposed MHE is unlikely to significantly adversely impact upon the existing built environment of the area. Although the proposed MHE may change the existing dynamic of the locality, it is considered that the proposed MHE is appropriate for the site.

(g) to provide measures which will facilitate security of tenure for residents of manufactured home estates.

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

(2) The strategies by which those aims are to be achieved are:-

(a) by allowing, with development consent, manufactured home estates on certain land on which caravan parks are permitted if the land meets the suitable locational criteria stipulated in this Policy (which it would not do if, for example, it contains important resources, is subject to natural or man-made risks or has sensitive environmental or ecological features), and

Comment: It is considered that the proposed development is consistent with this aim. The proposed development is consistent with the strategies as the land where the estate is proposed is zoned R1 General Residential, allows the use of caravan parks with consent (and therefore manufactured home estates), and is considered a suitable location for the proposed development.

The subject site is not considered to contain important resources, whilst the proposed development is appropriately sited in excess of 1km from the Murray River, which ensures that the proposed development site is not subject to natural or man-made risks or has sensitive environmental or ecological features.

(b) by applying this Policy to areas where there is likely to be a demand and suitable opportunities for the development of manufactured home estates, and

Comment: It is considered that the proposed development is consistent with this aim. The township of Moama is considered an area where there is likely to be a demand and suitable opportunities for the development of Manufactured Home Estates.

(c) by allowing manufactured home estates to be subdivided with development consent either by way of leases for terms of up to 20 years or under the Community Land Development Act 1989, and

Comment: It is noted that no subdivision of the Manufactured Home Estate is proposed.

(d) by enabling the Minister for Planning to exclude from this Policy any land that is subject to a local environmental plan prepared in accordance with the principles of a direction issued in conjunction with this Policy under section 117 of the Act.

Comment: Not applicable.

Clause 6 Where development for the purposes of a manufactured home estate may be carried out

Comment: The proposed use of the site as a MHE is permissible with development consent within the R1 General Residential Zone.

Clause 7 Development consent required for manufactured home estates

Comment: The Applicant has applied for development consent. Any development consent will be appropriately conditioned outlining that an approval to operate a Manufactured Home Estate on the land on which the proposed development is to be carried out must be obtained under Part 1 of Chapter 7 of the Local Government Act 1993.

Clause 8 Subdivision of manufactured home estates

Comment: Not applicable. The Applicant does not propose to subdivide the subject site.

Clause 9 Matters to be considered by councils

(1) A council may grant a development consent pursuant to this Policy allowing development for the purposes of a manufactured home estate only if it is satisfied:

(a) that each of the sites on which a manufactured home is or will be installed within the manufactured home estate is or will be adequately provided with reticulated water, a reticulated sewerage system, drainage and electricity, and

Comment: Any development consent granted will be appropriately conditioned outlining the requirement for each manufactured home to be serviced with reticulated water, a reticulated sewerage system, stormwater drainage and electricity. This is considered achievable given the existing services in the area, and the requirement for the Applicant to upgrade any services where necessary.

(b) that the manufactured home estate is or will be provided with adequate transport services, and

Comment: The proposed Manufactured Home Estate is located at the end of Kirchhofer Street, on Kiely Road, in close proximity to the centre of Moama and provides adequate transport services. Bicycling, walking and public transport options are available in the area, and the proposed Manufactured Home Estate provides adequate private automobile provisions to facilitate the proposed development. It is therefore considered that the proposed development is consistent with this subclause.

(c) that sufficient community facilities and services, whether situated within or outside the estate, are or will be available and reasonably accessible to the residents of the manufactured home estate, and

Comment: The Application proposes to use the community amenities building and swimming pool already in use at the existing MHE on Boyes Street. It is considered that this is an appropriate outcome and will provide adequate community facilities for occupiers of the proposed estate.

(d) that the development will not have an adverse effect on any:

· conservation area

· heritage item

· waterway or land having special landscape, scenic or ecological qualities,

which is identified in an environmental planning instrument applicable to the land concerned.

Comment: It is considered that the proposed development will not likely have an adverse effect on any conservation area or heritage item. The subject site is not mapped as having any heritage significance on Council’s GIS system. The applicant also employed a Local Aboriginal Land Council representative to inspect the site, which concluded there was no evidence of Aboriginal artefacts present on the site. The proposed development is unlikely to adversely impact upon any watercourse. The site of the proposed MHE is located in excess of 1km from the Murray River which is considered to be an acceptable outcome. The subject land is not known to contain any other special landscape, scenic or ecological qualities.

(2) A council may grant a development consent pursuant to this Policy allowing development for the purposes of a manufactured home estate only after it has considered the following:

(a) the cumulative impact of the proposed development and other manufactured home estates in the locality,

Comment: It is considered that the proposed development is unlikely to cause any significant adverse cumulative impact on the location. The proposed MHE will be assessed against the objectives and controls of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 to determine if the proposed design and density of the MHE is acceptable. The subject site is within close proximity to an existing MHE, whilst the Murray SLUP labels the locality as a residential precinct, which the proposed MHE is not inconsistent with. The proposed MHE will provide additional manufactured home type residential options for Murray River Council and the wider Echuca/Moama region.

(b) any relevant guidelines issued by the Director,

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 117 Direction 3.2 Caravan Parks and Manufactured Home Estates is not applicable to this Development Application as the Application is not a planning proposal.

(c) the provisions of the Local Government (Manufactured Home Estates) Transitional Regulation 1993.

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

3.2(a)(i)p 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. No issues identified.

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 2, 4, 6, 8, 9 and 12 are relevant. Chapters 3, 5, 7, 10 and 11 are not applicable.

Chapter 1 Introduction

Comment: Noted.

Chapter 2 Residential Development

Subchapter	Objectives	Controls	Comment
2.1 Neighbourhood Character	Not inconsistent	Generally not inconsistent	It is considered that the proposed development is generally consistent with the objectives of the subchapter. The application is consistent within the objective of providing a mix of compatible dwelling types. The proposed MHE is to provide manufactured homes within a residential area, adding to the housing variety which currently exists in the locality. It is considered that the proposed development will continue to provide an aesthetically pleasing residential neighbourhood within the area and will not significantly adversely impact the amenity of the area. The proposed development is classed as higher density residential development, and is considered to be located within an appropriate location in close proximity to the centre of Moama. It is considered that the proposed development will not adversely impact the existing average/lower residential density development surrounding the site. It is also considered that the proposed development is consistent with the neighbourhood character of the area as it is consistent with the existing MHE that is located adjacent to the subject site. Due to the nature of the proposed development, it is considered that the proposed development can be approved subject to appropriate conditions of consent. The proposed MHE adheres to the requirements of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 and SEPP 36, and is located within a mixed use area, containing numerous residential type uses. Varying types of residential development add to the neighbourhood character of a particular area, therefore proposed residential development which is different to the majority of existing residential development in the area is not a reason for refusal. The application is unlikely to pose any signficant adverse impact to the locality in which the subject site relates and therefore is considered appropriate. The proposed MHE will provide for additional housing options within Murray River Council which is a positive outcome. No subdivision of the land is proposed. The proposed MHE is to be landscaped to not conflict with the existing amenity of the area, as far as practically achievable. The subject site is located in proximity to public open space areas, public transport routes and commercial centres and it is considered that the proposed development is appropriate for the site. The scale and bulk of the dwellings within the proposed Manufactured Home Estate is smaller than some of the surrounding dwelling houses in the area, however this is not considered to be a reason for refusal. The Application complies with SEPP 36 and the Regulation.
2.2 Streetscape	Consistent	Consistent	It is considered that the proposed development is consistent with the objectives of the subchapter. It is considered that the proposed development will not significantly adversely impact the existing streetscape, and has the potential to make a positive contribution to the streetscape. The Applicant has proposed landscaping of the subject site. The buffers provide the proposed MHE with an appropriate setback and can be densely vegetated to provide effective screening of the development from the view of Cobb Highway. The applicant will be required to provide a satisfactory final landscaping plan prior to the commencement of any consent issued. The proposed development complies with the design provisions of SEPP 36 and the Regulation. The proposed design will allow for passive surveillance of the proposed MHE and its internal road network, which is considered an appropriate outcome. It is considered unnecessary to require the dwellings within the proposed MHE to face Cobb Highway or Kiely Road as this has the potential to be inconsistent with SEPP 36 and the Regulation. Orientating dwellings within the proposed MHE to Cobb Highway or Kiely Road could potentially require rear lane access from within the proposed MHE which would have the potential to reduce the amenity within the estate. The proposal will not create a precedent. It is considered that the proposed development can be integrated into the existing streetscape and neighbourhood of the area. All manufactured homes within the proposed MHE are to be appropriately sited and will be required to adhere to all relevant controls and legislation. All dwellings within the proposed MHE are to face internally, i.e. dwellings will not face the primary street frontage. It is considered in this instance that this is an appropriate outcome. The proposed MHE is to be a self-contained development with the provision of community facilities to be allocated as part of the development. The siting of the proposed dwellings ensures that private driveways are not created which directly access any surrounding roads which is considered an appropriate outcome. The Applicant has proposed landscaping to be established surrounding and throughout the Estate, which is considered an appropriate outcome. Therefore it is considered that although the dwellings will not face the primary street frontage, the proposal still complies with the objectives of the subchapter. It is considered that the proposed bulk and scale is compatible with the likely development within this residential precinct. As detailed above, the proposed MHE is considered to be consistent with the objectives of the subchapter and will add to the diverse range of housing options within Murray River Council. The dwellings within the proposed MHE are to be constructed out of high quality materials and finishes, along with any fencing associated with the proposal. No significant native trees or heritage items will be adversely affected by the application. No residential flat buildings are proposed as part of the proposed MHE.
2.3 Landscaping	Consistent	Consistent	The proposed development is considered to be consistent with the objectives of the subchapter. The proposed landscaping facing the street will contribute to an attractive streetscape, and has the potential to enhance the natural environment within the locality. The proposed development will be required to provide an adequate stormwater management plan which aims to reduce stormwater run-off from proposed dwellings. The proposed landscaping has the potential to contribute to the solar efficiency of dwellings by providing shade when required. At least 15% of the entire subject site will remain penetrable to water, whilst numerous significant native trees will remain on the subject site. The Applicant will be required to provide a detailed landscaping plan outlining the proposed use of native plant species. The width of the buffers enables the proposed development to be appropriately located on the site. It is also noted that the properties surrounding the proposed MHE are sparsely vegetated. The MHE will also be landscaped internally.
2.4 Private Open Space	Consistent	Consistent	It is considered that the proposed development is consistent with the objectives of the subchapter. All proposed dwelling sites are to comply with all relevant requirements (including size of sites) as outlined in the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. This will ensure that all objectives of the subchapter are complied with. Controls relating to higher density development apply in this instance. At least 20m² per dwelling of private open space will be required to be provided to all dwelling sites, which complies with the relevant control. Private open space will be available in close proximity to the main living area of each dwelling.
2.5 Building Setbacks	Consistent	Consistent	Although no dwelling houses are proposed (therefore the controls are technically not applicable), it is considered that the proposed development is consistent with the objectives of the subchapter. The proposed development will continue to provide for an attractive landscape in the area, whilst it is considered that the proposal will not significantly adversely impact upon the existing neighbourhood character of the area. The proposed MHE will be required to adhere to all relevant controls outlined within the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005, including setbacks.
2.6 Car Parking & Access	Consistent	Consistent	It is considered that the proposed development is consistent with the objectives of the subchapter. The submitted plans allow sufficient on-site parking for residents and their visitors, whilst safe movement of vehicles within the site can be achieved. The proposed car parking for all dwelling sites along with visitor parking spaces complies with the requirements outlined within the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. The proposed development has been designed so that all on-site vehicle movements (apart from manoeuvring) can be completed in a forward direction, whilst manoeuvring areas within the site are designed to minimise the number of vehicle movements, and particularly rearward movements. It is therefore considered that the proposed development complies with all relevant controls and objectives within the subchapter.
2.7 Site Facilities	Consistent	Consistent	The proposed development is consistent with the objectives and controls of this subchapter. Any site facilities within the proposed MHE are unlikely to detract from the public aesthetics of the locality or the existing residential amenity. The proposed MHE is to be self-contained and will be provided with an internal garbage collection system. External storage areas and clothes drying facilities for each dwelling can be located within private open space. Any required mail boxes can be appropriately sited to ensure compliance with the controls.
2.8 Security	Consistent	Consistent	The proposed development is considered to be consistent with the objectives and controls of this subchapter. The proposed design is considered to be of a high quality to enhance residents’ feelings of safety and security, whilst the design layout will allow surveillance of common spaces within the MHE by residents. It is considered that the proposed development is not inconsistent with the objective of providing environments which reduce opportunistic crime. It is considered that the proposed site layout has the potential to enhance personal safety and minimises the potential for fear, crime and vandalism, whilst the design of proposed dwellings has the potential to enable residents to survey internal streets, public areas and dwelling entries to enable surveillance of the neighbourhood to take place. Adequate lighting will be required to be provided for all paths, access ways, parking areas and building entries, whilst private open space for each dwelling will only be accessed from within the dwelling site (i.e. not accessible directly from the street or other public space).
2.9 Privacy	Consistent	Consistent	The proposed development is considered to be consistent with the objectives and controls of this subchapter. The privacy and amenity of neighbouring properties will not be significantly adversely impacted upon. Residents within the proposed MHE will be afforded with appropriate levels of privacy and amenity. All dwellings within the proposed MHE are to be single storey in height, unless additional approval is sought. No balcony, deck, patio, pergola, terrace or veranda with a floor level more than 1 metre above ground level (existing) is proposed.
2.10 Energy Efficiency	Consistent	Consistent	Although no buildings are proposed, it is considered that the proposed development is consistent with the intent of the objectives and controls of this subchapter. The proposed MHE has been appropriately designed in order to orientate dwellings to make appropriate use of solar energy where practical and will ensure energy efficiency of existing dwellings is not unreasonably reduced. As manufactured homes are not classed as ‘buildings’, no BASIX Certificate is required in this instance.
2.11 Outbuildings	Consistent	Consistent	Each proposed ‘typical lot’ has been proposed to have a small garden shed. It is considered this is consistent with the objectives and controls of this subchapter, as they are considered to be in proportion to the size of the lot in which they are located.
2.12 Rich River Golf Club	Not Applicable	Not Applicable	The subject land is not located within the Rich River Golf Club site.

Comment: It is considered that the proposed development is not inconsistent with the objectives of this chapter. Whilst there is not a specific subchapter within the Murray DCP 2012 relating to Manufactured Home Estates, it is considered that the proposed development is compatible with the locality. Any proposed MHE within a R1 General Residential zone is assessed on its merits, which has been done in this case, and it is considered that the subject proposal is appropriate for the site. The proposed Manufactured Home Estate has the potential to provide a wider range of housing options within Moama and is unlikely to create any significant adverse impact on adjoining neighbours. Any development consent can be appropriately conditioned to minimise any significant adverse impact occurring to the amenity of the location. The proposed development is considered to be compatible with the mixed residential character of the area and is consistent with the desired density of the Moama urban area.

Chapter 3 Industrial Development

Comment: Not applicable.

Chapter 4 Commercial Development

Comment: Although the proposed development is of a commercial nature, this Chapter does not apply as it is aimed towards commercial development of a retail type nature. It is noted that assessment of the application against relevant legislation and controls has been provided throughout this report.

Chapter 5 Tourist Accommodation

Comment: Not applicable.

Chapter 6 Strategic Land Use Plan

Comment: It is considered that the proposed development is consistent with Council’s Strategic Land Use Plan (SLUP) which supports infill development. The area is marked as a Residential area under the Murray SLUP. The Manufactured Home Estate will be able to be connected to all required services and is unlikely to create any significant adverse impact upon the natural environment or existing amenity of the area. A MHE is permitted with consent on the subject land.

Figure 16 - Moama Structure Plan

Chapter 7 Subdivision

Comment: Not applicable.

Chapter 8 Urban Release Areas

Comment: This chapter of the DCP applies to land shown on the Urban Release Area (URA) Map of the Murray Local Environmental Plan 2011 (“the LEP”). This land is essentially the ‘greenfield’ development area to accommodate the future growth of Moama over the next 15 to 20 years.

The overall objective of the chapter is to ensure the logical and cost-effective development of future urban land.

The chapter is in response to the direction of the Department of Planning and Infrastructure for Council to include Part 6 in the LEP relating to Urban release areas. Clause 6.3 of Part 6 prevents any development within the URA unless in accordance with a DCP that addresses a range of development matters. These requirements duplicate many of those already required by other chapters of the DCP. Consequently compliance with the DCP requirement of Clause 6.3 can be achieved by simply cross-referencing to the relevant section of other chapters in the Murray Development Control Plan 2012.

URA DCP Requirement	Requirements for Compliance	Comment
A staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing.	Satisfactory response to Section 7.3 of Chapter 7 of this DCP.	Not applicable. No subdivision is proposed.
An overall transport movement hierarchy showing the major circulation routes and connection to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists.	Satisfactory response to Section 7.4 of Chapter 7 of this DCP.	Although no subdivision is proposed, it is considered that the proposed development is consistent with this requirement. The proposed MHE can be accessed by a range of transport modes, including private vehicles, public transport, pedestrians and cyclists, whilst it is considered that the internal movement network is appropriate. The subject site is located in close proximity to the centre of Moama. The surrounding area contains established residential development therefore sufficient services are available in the area.
An overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirement for both public and private domain.	Satisfactory response to Section 7.7 of Chapter 7 of this DCP.	Although no subdivision is proposed, it is considered that the proposed development is consistent with this requirement. The Applicant has proposed landscaping to form part of the application. None of the subject site is mapped as riparian land. Any development consent granted will include a condition of consent requiring a detailed landscaping plan to be prepared, submitted and approved prior to the use of the MHE.

A network of passive and active recreational areas.	Satisfactory response to Section 7.6 of Chapter 7 of this DCP.	Although no subdivision is proposed, it is considered that the proposed development is consistent with this requirement. The proposed MHE will make use of existing surrounding recreational opportunities for the proposed development. The Applicant has also proposed substantial landscaping, along with pedestrian/cycling paths around the proposed MHE. This is considered an appropriate outcome.
Stormwater and water quality management controls.	Satisfactory response to Section 7.9 of Chapter 7 of this DCP.	Although no subdivision is proposed, it is considered that the proposed development is consistent with this requirement. The proposed development is to be serviced by an appropriate stormwater system which complies with all required legislation and does not adversely impact on the natural or built environment. Stormwater generated by the proposed development will be conditioned to discharge appropriately in to existing Council infrastructure.
Amelioration of natural and environmental hazards, including bushfire, flooding and sire contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected.	Satisfactory response to Section 7.10 of Chapter 7 of this DCP.	Although no subdivision is proposed, it is considered that the proposed development is consistent with this requirement. The site of the proposed development is not constrained by flooding. The subject site is not mapped as contaminated land on Council’s Contaminated Lands Register and is not likely to be contaminated.
Detailed urban design controls for significant development sites.	The only “significant development sites” within the URA is land zoned B2 north of the Perricoota Road/Cobb Highway intersection. Satisfactory response to Chapter 4 of this DCP.	The subject land does not contain any significant sites.
Measure to encourage higher density living around transport, open space and service nodes.	Satisfactory response to Section 2.1 of Chapter 2 of this DCP.	The proposed development satisfactory responds to Section 2.1 of Chapter 2 of the Murray DCP 2012. The proposed MHE will provide higher density living options and which is located in close proximity to the center of Moama. It is considered that the proposed development does not significantly adversely impact on the existing neighbourhood character and amenity of the area.
Measures to accommodate and control appropriate neighbourhood commercial and retail uses.	Satisfactory response to Section 4.1 of Chapter 4 of this DCP.	Not applicable.
Suitably located public facilities and services, including the provisions for appropriate traffic management facilities and parking.	Satisfactory response to Sections 7.4 and 7.5 of Chapter 7 of this DCP.	Although no subdivision is proposed, it is considered that the proposed development is not inconsistent with this requirement. The Applicant has provided a Traffic Impact Assessment report to support the proposed development. The proponent will be required to provide suitable upgrades to road infrastructure to cater for the proposed development to improve vehicular infrastructure. The application includes the use of existing community facilities for residents of the proposed MHE, whilst the locality contains adequate existing public facilities to cater for increased residential development. The Applicant/landowner will be required to provide appropriate contributions in order to expand existing services to ensure the proposed development can be appropriately serviced.

Chapter 9 Vegetation Removal

Comment: No vegetation is proposed to be removed as part of the proposed development.

Chapter 10 Watercourses & Riparian Land

Comment: Not applicable.

Chapter 11 Flood Prone Land

Comment: Not applicable.

Chapter 12 Notification Policy

Comment: The Application was notified in accordance with the requirements of this Chapter. Fifty-eight (58) public objections were received.

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 application. It is considered that the application is consistent with the objectives of the regulations.

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 development is generally in accordance with this object.

(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

Comment: It is considered that the proposed development is generally in accordance with this object.

(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 development is generally in accordance with the object of this Regulation. The proposed MHE will provide additional housing opportunities within a suitable location of Moama.

The Application is consistent with the requirements and standards of the current regulations in relation to the design of MHE, design and construction of manufactured homes and other moveable dwellings and their siting, and in the promotion of the health, safety and amenity of the occupiers of manufactured homes and other moveable dwellings.

Part 2 Manufactured home estates and manufactured homes

Division 2 Approvals and exemptions

Subdivision 1 Operation of manufactured home estates

Clause 6 Factors for consideration before approval is granted

(1) The council must not grant an approval to operate a manufactured home estate unless it is satisfied that the manufactured home estate will be designed, constructed, maintained and operated in accordance with the relevant requirements of Division 3.

Comment: The proposed MHE is to be designed, constructed, maintained and operated in accordance with the relevant requirements of Division 3 and thus is considered appropriate for the site.

(2) In deciding whether or not the approval for the manufactured home estate should allow the installation of a manufactured home on flood liable land, the council must have regard to the principles contained in the Floodplain Development Manual.

Comment: Not applicable. The proposed MHE is located on flood free land.

Clause 7 Matters to be specified in approval

In addition to any other matters it must contain, an approval to operate a manufactured home estate must specify, by reference to a plan, the number, size and location of the dwelling sites allowed by the approval.

Comment: Noted. The submitted plans are in accordance with this requirement.

Clause 8 Conditions of approval

An approval to operate a manufactured home estate is subject to the condition that the manufactured home estate is designed, constructed, maintained and operated in accordance with the requirements of Division 3.

Note. The council may also impose conditions on the grant of an approval under section 94 of the Act.

Comment: Noted. The application has been assessed against Division 3 and is considered to be in accordance with the requirements. Please see Division 3 section of this report for more detail.

Subdivision 2 Installation of manufactured homes and associated structures in manufactured home estates

Note. Section 68 of the Act prohibits a person from installing a manufactured home or associated structure on land without the prior approval of the council, except in so far as the regulations (among other instruments) allow a manufactured home or associated structure to be installed without that approval. Section 626 makes it an offence to fail to obtain such an approval. Breach of the conditions on which the installation of a manufactured home or associated structure is allowed constitutes an offence under section 627 of the Act.

Clause 9 Conditional exemption

Comment: Noted.

Clause 10 Installation on flood-liable land

Comment: The site of the proposed MHE is not mapped as Flood Prone Land.

Clause 11 Installation of manufactured home or associated structure of more than one storey

Comment: The Applicant has not advised what size manufactured homes are proposed for the site. Any structure of more than one storey will be required to adhere to all relevant requirements including seeking additional consent for their installation.

Division 3 Manufactured home estates

Subdivision 1 Land and dwelling site requirements

Clause 12 Minimum size of estate

Comment: The site of the proposed MHE is in excess of one (1) hectare, with the subject site having a total area of 2ha.

Clause 13 Community amenities

Comment: The proposed MHE is adjacent to the existing MHE located on Boyes Street. The applicant has highlighted that the existing community amenities area associated to the existing MHE has the capacity to also cater for the proposed development. It is noted that the subject site is also within close proximity to the Moama Recreation Reserve.

Clause 14 Size of dwelling sites

Comment: All forty-four (44) proposed dwelling sites have an area of at least 130 square metres. The proposed sites range from 239m² to 387m² which is an appropriate outcome.

Clause 15 Site identification

Comment: All of the forty-four (44) proposed dwelling sites are numbered and site boundaries clearly delineated on the submitted plans. Any development consent issued will be conditioned outlining the requirement for each dwelling site on the land to be numbered or identified and its site boundaries clearly delineated via some form of fencing etc.

Subdivision 2 Setbacks

Clause 16 Dwelling sites to have road frontage

Comment: All of the forty-four (44) proposed dwelling sites have vehicular access to an access road.

Clause 17 Setbacks of community buildings

Comment: The proposed development does not include any community buildings. It is proposed that the new development will use the existing community amenities area associated to the existing MHE that is located adjacent to the proposed development. It is noted that the existing community amenities structures are located at least 10m from the boundary of any dwelling site within the operating MHE, which is considered an appropriate outcome.

Clause 18 Setbacks of dwelling sites from road frontages

Comment: All proposed dwelling sites are located at least 10m from Cobb Highway, which complies with this clause. The applicant has proposed a variation in the setback buffer zone which adjoins Kiely Road. The proposed setback is to be decreased from 10m down to 6m. This is considered appropriate in this instance as Kiely Road is proposed to be closed to through traffic and be replaced by a pedestrian/cycling path. Council is also satisfied that the dwelling sites will be properly screened, fenced, enclosed or otherwise treated.

Clause 19 Use of buffer zones

Comment: Noted. Buffer zones along Cobb Highway, Kiely Road, and the northern property boundary are to be landscaped with native vegetation. It is noted that through discussions with the applicant, RMS and Council’s Engineering Department, it was concluded that Kiely Road will be closed to through traffic to allow for a pedestrian/cycling path. This is considered an appropriate outcome.

Subdivision 3 Roads

Clause 20 Entrance and exit roads

Comment: The submitted plans propose vehicular access to the entire site to be provided from Kirchhofer Street. Any development consent will be appropriately conditioned outlining the requirement for the entrance road to be a minimum of 8m wide.

Clause 21 Width of roads

(1) The width of the road reserve must be:

(a) at least 8.5 metres for a major access road, and

(b) at least 6 metres for a minor access road.

(2) The width of the sealed portion of an access road must be:

(a) at least 6 metres for a major access road, and

(b) at least 4 metres for a minor access road.

(3) If a minor access road exceeds 80 metres in length, a passing bay or bays must be provided within the road reserve.

(4) Passing bays must be provided at intervals of not more than 100 metres.

(5) The width of the sealed portion of an access road at any point at which there is a passing or parking bay must be:

(a) at least 8.5 metres for a major access road, and

(b) at least 6 metres for a minor access road

Comment: The submitted plans show road reserves for major access roads are to have a width of 8.5m, and the width of minor access roads are to be 8m, which complies with the requirements. The width of the sealed portion of all proposed access roads is 6m, which is considered appropriate.

Clause 22 Speed restrictions as part of road design

Comment: It is considered that the proposed access roads have been so designed as to limit the speed at which vehicles may travel on them to 30kmh for major access roads, and 15kmh for minor access roads. Any development consent issued will be conditioned outlining the requirement for all roads to be provided with appropriate speed limit signage to ensure that speed restrictions can be enforced.

Clause 23 Visitor parking

Comment: The proposed MHE includes forty-four (44) dwelling sites. The submitted plans show twelve (12) visitor vehicle parks, which is in accordance with the requirements of the regulations. Any development consent will be conditioned outlining the requirement for each visitor car parking space to have minimum dimensions of 5.4 metres by 2.5 metres, in the case of angle parking, and 6.1 metres by 2.5 metres, in any other case. All visitor parking spaces will also be required to be clearly identified as such.

Clause 24 Visitor parking for people with disabilities

Comment: The submitted plans outline two (2) visitor parking spaces for people with disabilities, which is in accordance with the requirements of the regulations. Any development consent issued will be conditioned outlining the requirement for the visitor carparking space for people with disabilities to be provided in accordance with AS/NZS 2890.1:2004, Parking facilities—Off street parking. The visitor parking space for people with disabilities will also be required to be clearly identified as such.

Clause 25 Road surfaces

Comment: Any development consent issued will be conditioned outlining the requirement for all access roads, along with all parking bays, to be sealed with all-weather bitumen and adapted to the topography to allow for adequate stormwater drainage and to eliminate excessive grades.

Clause 26 Lighting

Comment: Any development consent issued will be conditioned outlining the requirement for the developer to provide appropriate lighting.

Subdivision 4 Utility services

Clause 27 Water supply

Comment: Any development consent issued will be appropriately conditioned, outlining the requirements to conform to this clause. The proposed MHE is to be connected to Council’s filtered water supply in accordance with Council’s Engineering Department requirements. Each dwelling site must be connected to the water supply service for the manufactured home estate, and must be provided with a separate water meter and a separate water service isolating valve. The water supply service will be required to comply with the Plumbing and Drainage Act 2011 and any regulations under that Act, and the requirements of any relevant statutory body. The water supplied for human consumption or domestic purposes will be required to comply with the Australian Drinking Water Guidelines published in 2004 by the National Health and Medical Research Council.

Clause 28 Sewerage

Comment: The proposed MHE will be required to connect to Council’s sewer infrastructure. Any development consent issued will be appropriately conditioned outlining this, along with being required to meet the requirements of this Clause.

Clause 29 Drainage

Comment: The proposed MHE can be adequately provided with a stormwater drainage system. The Applicant has provided details on a drainage retardation basin on site, and proposed stormwater drainage techniques to service the proposed MHE. Council’s Engineering Department did not object to the granting of consent subject to appropriate conditions of consent being placed on any consent received. All dwelling sites within the proposed MHE will be able to connect to the stormwater drainage system for the manufactured home estate once approved.

Clause 30 Electricity supply

Comment: The requirements of this clause will form a condition of any development consent issued for the proposed development.

Clause 31 Telephone lines

Comment: Telephone services are available to the proposed MHE. Any development consent issued will be conditioned outlining the requirement for each dwelling site to have access to a telephone connection.

Clause 32 Common trenches

Comment: Common trenches are permitted to be used as part of the proposed development.

Subdivision 5 General

Clause 33 Garbage removal

Comment: Any development consent issued will be appropriately conditioned, outlining the requirement that all dwelling sites within the proposed Manufactured Home Estate are to be serviced by the removal of garbage and for the maintenance of garbage receptacles in a clean and sanitary condition.

Clause 34 Fire hydrants

Comment: Any development consent issued will be appropriately conditioned, outlining the requirement for the proposed development to conform to the requirements of this clause.

Clause 35 Buildings

Comment: The proposed MHE does not include any community amenities buildings. Any development consent issued would be for the approval of the MHE only, and any other development would have to be re-submitted to Council for additional development consent.

It is noted that a manufactured home is not a ‘building’ as defined under the Local Government Act 1993. See below:

building includes part of a building and any structure or part of a structure, but does not include a moveable dwelling or associated structure or part of a moveable dwelling or associated structure.

Clause 36 Use of manufactured home estates

Comment: Any development consent issued will be appropriately conditioned, outlining the requirement for the proposed development to conform to the requirements of this clause.

Clause 37 Community map

Comment: The requirement for the Applicant to provide Council with a community map after any consent is issued will form a condition of any development consent issued.

Clause 38 Access to approval and community map

Comment: Any development consent will be appropriately conditioned which outlines that the holder of an approval to operate the Manufactured Home Estate must ensure that copies of the approval for the Manufactured Home Estate, the current community map, and the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 be readily available for inspection without cost by any person in a location in the Manufactured Home Estate which is central and easily accessible.

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

The proposed development is unlikely to adversely impact upon the natural environment. The majority of the site proposed to be used as a MHE is cleared of any native vegetation, whilst the land is not mapped as Bush Fire Prone Land or Flood Prone Land. The proposed development is unlikely to create any soil erosion on the site and can be appropriately conditioned to ensure the natural environment is protected. Stormwater generated by the proposed development can be appropriately managed.

Built Environment

The proposed development is unlikely to adversely impact upon the built environment. The proposed development will be screened through landscaping buffering and is respectful of the character of the area which is comprised of a range of different residential type properties. The proposed development will complement the diverse streetscape of the Cobb Highway/Kiely Road residential precinct and is not inconsistent with other similar development constructed in the area. It is therefore considered that the proposed development is appropriate for the location and will not have a significantly detrimental impact upon the built environment.

Numerous public objections to the proposal were received by Council during the notification of the application. Issues which were raised included internal impacts on the existing MHE, which does not directly impact upon the surrounding Built Environment. Council acknowledges the concerns of existing residences within the existing MHE, however these issues are not a planning consideration and cannot be used as reasons for refusal for the application. .

Social Impacts

The proposed development is unlikely to create any adverse social impact and has the potential to create beneficial social impacts through its contribution to increasing the supply and diversity of housing in Moama.

Economic Impacts

The proposed development is unlikely to create any adverse economic impact. The proposed MHE will provide additional housing options within Moama and has the potential to provide short term economic benefits during the installation phase of the individual manufactured homes along with the construction of the entire estate.

· Traffic and Parking: It is considered that the proposed development will not produce any significant adverse traffic or parking impacts.

· Noise: It is considered that the proposed development will not produce any significant adverse noise impacts.

· Amenity: Satisfactory. The proposal will not have an adverse impact on the amenity of the immediate locality.

· Waste: Satisfactory. All waste will be disposed of lawfully.

· Non-Aboriginal Heritage: Not applicable. The site is not subject to any heritage conservation provisions.

· Aboriginal Cultural Heritage: No known items identified on the subject land. In any event statutory requirements would trigger contingency measures if any cultural heritage was subsequently identified.

· Bushfire Hazard: Not applicable. The subject site is not mapped as bushfire prone land.

· Water Quality & Stormwater: Satisfactory. The subject land will discharge stormwater to a lawful point of discharge.

· Soils, soil erosion: Satisfactory.

· Flora & Fauna: Satisfactory. No areas of critical habitat are affected by the proposal. No native vegetation on site will be impacted upon.

· Utilities: Satisfactory.

· Signage: Not applicable

· Safety, security & crime prevention: Not applicable.

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

Comment: The subject site is considered suitable for the proposed development. Any potential amenity impacts will be minimal.

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

Agency	Response
NSW NRAR (Water)	No objections.
NSW RMS	No objections, subject to conditions.
NSW OEH	No objections, subject to conditions. The Applicant has provided a letter of inspection from the Moama Local Aboriginal Land Council, outlining no visible signs of Aboriginal sites were found. It is noted that it is the responsibility of the proponent to ensure Due Diligence practices regarding the protection of Aboriginal Cultural Heritage have been adhered to. Regarding biodiversity, the applicant originally submitted plans showing the upgrade of Kiely Road which included vegetation removal (to facilitate access via Cobb Highway), however the application has since been amended to move the entrance to the west of the site, and therefore no clearing of vegetation on Kiely Road is proposed. No native vegetation is proposed to be removed. It is therefore considered that the proposed development is unlikely to adversely impact upon biodiversity values.
NSW Crown Lands	No objections.
MDBA	No objections.
Essential Energy	No objections, subject to conditions.
NSW EPA	No objections, subject to conditions.

Public Submissions

Fifty-eight (58) public objections were received in relation to the proposed development. Majority of concerns related to internal processes and facilities associated to the existing MHE, or issues which are out of the control of Council. Although Council acknowledges these concerns, they are not related to planning considerations.

All of the objections were of a similar nature and voiced similar issues in relation to parking, community facilities and the increase in traffic. These concerns were considered by both Council’s Planning and Engineering Departments. The following was concluded:

· Arrangements of car parking and facilities inside the property boundaries are a private matter and an issue for the developer.

· The Cobb Highway is a NSW Classified Road and Council cannot control the amount of traffic on a NSW Classified Road. If the development is moved further north, as was suggested, the same amount of traffic will still be generated along the Cobb Highway.

· Traffic volume is inevitably higher during school drop-off and pick-up times, however this is only limited to certain times of the day and has been present since the establishment of the school.

· The development of surrounding residential zoned land is foreseeable, therefore an increase in surrounding traffic to the area is likely.

· The traffic from Perricoota Road via Kirchhofer and Boyes Street is an ongoing arrangement and cannot be stopped as these roads are public roads. Many roads in the area will be affected during construction of the bridge. This is a temporary arrangement and is inevitable during the construction period.

· The development was designed to have only one entrance for security reasons. The speed limit along Boyes Street is 50km/h. The exit could be made safer if the speed limit along Boyes Street is limited to 40km/hr. Council has not received any request to limit the speed to 40km/hr.

· Part of the conditions of development will be to seal the applicable roads.

· RMS is aware of the increase in traffic. Traffic lights are not planned at this stage.

· The entrance to the MHE is a private matter and should be taken up with the developer.

All objections will be tabled at the meeting.

3.6(e) The public interest.

The public’s interest has been considered throughout the assessment of this development application under Section 4.15 of the Environmental Planning and Assessment 1979. It is considered that the public interest is not significantly detrimentally impacted upon by this application. Whilst numerous public objections to the proposed development have been received during the assessment of the application, it is considered that the proposed development will not cause any unreasonable impacts to the locality and can be appropriately conditioned to minimise any significant adverse impact to the amenity of the surrounding area. The public interest of Murray River Council is unlikely to be significantly adversely impacted. The application is to provide additional housing options within Moama, which is considered an appropriate outcome for the public.

Conclusion

3.7 Summary

The proposed development is for a forty-four (44) dwelling site Manufactured Home Estate on the subject site, being Lot 1 DP 802381 located at Kiely Road, Moama. It is considered that the proposed development is not inconsistent with the Murray Local Environmental Plan 2011, the Murray Regional Environmental Plan No. 2-Riverine Land, the State Environmental Planning Policy No 36—Manufactured Home Estates, all other applicable environmental planning instruments, and the Murray Development Control Plan 2012. The proposed development is consistent with the Murray Strategic Land Use Plan 2010—2030. The proposed Manufactured Home Estate has the potential to provide appropriate additional housing within Murray River Council and is considered to not be significantly incompatible with the existing neighbourhood character of the area. The proposed development is not considered to have significantly unreasonable overshadowing, privacy or any other significantly adverse amenity impacts on the location. It is therefore recommended that development consent be granted subject to appropriate conditions of development consent.

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 commencement of any works

1. Full Engineering plans in respect to the provision of the following services must be submitted to and approved by Council prior to the commencement of any works on the site and surrounding road reserve;

· Internal Road Design

· Sewer including Council assets within the Road Reserve. Sewer to be gravity feed back to the existing Council pump station.

· Filtered Water including Council assets within the Road Reserve.

· Raw Water including Council assets within the Road Reserve.

· Fire Hydrants (as per Clause 34 of Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005) internal and external to the development.

· Stormwater Management plan including retention and treatment

· 2.5m wide hotmix pedestrian/cycling path on Kiely Road from the development entrance to the Cobb Hwy

· Construction of Kirchhofer Street from the entrance for 200m at a full construction including drainage, kerb, street lighting and 40mm asphalt. Then to seal any remainder of unsealed road to the roundabout at Boyes Street.

· Allow turning movement of vehicles at the end of the road

· Installation of bollards with a gate access for Council vehicles on Kiely Road.

These plans must be generally in accordance with the submitted Site Plan and information submitted and considered as part of the development application except where amendments are required to be made in accordance with conditions of consent.

These plans must be prepared in accordance with Council’s ‘Engineering Guidelines for Subdivisions and Development Standards’. The submitted plans must comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 and must be in accordance with the relevant requirements of Part 2 of the Regulation.

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

These plans must be approved prior to the commencement of any works on the subject site. All required works must be completed prior to the release of the Section 68 Approval to Operate / use of the site as a MHE.

Reason: To ensure the development is appropriately serviced.

2. 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 issue. 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.

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

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

4. 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, 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, 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.

5. An application for a Road Opening Permit must be submitted to Council’s Engineering Department for approval. The Road Opening Permit must be approved prior to the commencement of any works to the proposed intersection with Kirchhofer Street. The new access must be constructed at the Applicant’s expense to Council’s standards and in accordance with Council’s policy.

Reason: To ensure that the development can be appropriately accessed from Kirchhofer Street.

6. A detailed Landscape Plan must be submitted to and approved by Council prior to the commencement of any works on the site. The submitted landscaping plan must detail the use of locally native species, including a range of plant life forms, such as trees, shrubs, grasses and ground covers.

Once approved by Council, the developer/landowner is responsible for the funding and completion of required landscaping in accordance with the approved plan. Landscaping must be completed in accordance with the approved Landscaping Plan prior to the use of the site as a Manufactured Home Estate.

The landowner is responsible for the maintenance and care, including replacement with similar species/age plants of all landscaping for the life of the MHE development.

Reason: To ensure the development is satisfactorily landscaped.

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

Reason: To comply with the requirements of Essential Energy.

8. An application must be made to Council's Engineering Department prior to constructing hard surface driveways, footpaths or the like on or over the footpath reserve. Any works in the road reserve, including landscaping, require approval under the Roads Act 1993.

Reason: To ensure compliance with the Roads Act 1993 and that installations crossing Council’s footpath reserve are installed in accordance with Council’s standards and meet minimum levels.

General Conditions that must be fulfilled

9. The development must be carried out in accordance with the plans and information submitted to and approved by Council.

The approval is for a Manufactured Home Estate only. The Manufactured Home Estate is to have a maximum of forty-four (44) dwelling sites.

As defined in the Local Government Act 1993;

manufactured home estate means land on which manufactured homes are, or are to be, erected.

(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.

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

10. The MHE 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.

11. All Manufactured Homes within the Manufactured Home Estate must be single storey only.

Reason: To protect the amenity of the area.

12. The Manufactured Home Estate use is only approved to occur within the area outlined on the approved and stamped plans. The use of the land as a Manufactured Home Estate is not permitted outside of this designated area.

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

13. 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 Division 3 of Part 2, (Attached to this consent as Appendix 4) with evidence of this required to be shown to Council.

Reason: To comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 and to ensure the development is carried out as assessed.

14. Arrangements must be instituted and maintained for the removal of garbage from the Manufactured Home Estate and for the maintenance of garbage receptacles in a clean and sanitary condition at all times. Internal collection of garbage bins is the responsibility of the proponent.

15. The twelve (12) visitor car parking spaces for the MHE must be used solely by visitors associated with the MHE use of the site. Appropriate signage must be erected near the MHE visitor parking outlining the requirement that only visitors associated with the MHE are permitted to park in this area.

Reason: To ensure the development is appropriately serviced.

16. No dwelling houses are permitted to be constructed on the subject site without development consent.

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

17. A shared path (pedestrian and cyclist) must be provided within Kiely Road. The path must be 2.5m wide and designed in accordance with Council’s Engineering Guidelines.

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

18. A separate application must be lodged with Council for any internal street or place name. New road names and plans of their complete proposed alignment must be presented to Council not less than six weeks before the release of a Section 68 Approval to Operate. This timeframe gives sufficient period to advertise and get approval from the Geographic Names Board.

Reason: To ensure street naming is appropriate and that there is continuity for emergency services.

19. 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.

20. 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.

21. The construction 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.

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

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

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

23. 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.

24. 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.

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

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

26. 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.

27. There must be no clearing of native vegetation.

Reason: To comply with the Biodiversity Conservation Act 2016.

28. 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, work must stop immediately, the area secured to prevent unauthorised access and NSW Police and NSW OEH contacted.

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

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

Reason: To protect Aboriginal heritage.

29. No trees are permitted to be removed from Council’s road reserve.

Reason: To protect Council’s assets.

30. Roof stormwater must be conveyed to the stormwater point provided.

Reason: To ensure stormwater is adequately and appropriately disposed of from the building.

31. The developer must connect each dwelling site to a filtered water supply system. 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. Separate filtered water meters may be required to be provided for each dwelling site. Please contact Council’s Engineering Department for more information.

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

32. The developer must connect each dwelling site to a raw water supply system. Separate raw water meters may be required to be provided for each dwelling site. Please contact Council’s Engineering Department for more information.

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

33. The developer must connect each dwelling site to an appropriate sewerage system.

Reason: To satisfactorily service the dwelling sites created.

34. The Manufactured Home Estate must be connected to an appropriate stormwater drainage system, in accordance with the submitted and approved stormwater management plan. Each dwelling site within the MHE must be connected to the approved stormwater management system. The stormwater drainage system must comply with the Plumbing Code of Australia and the requirements of Council’s Engineering Department.

Reason: To ensure stormwater is adequately and appropriately disposed of from the development.

35. Each dwelling site must be supplied with electricity from a reticulated electricity service by means of an electrical circuit connected to a separate electricity meter. Any such electrical circuit must be installed in accordance with the requirements of AS/NZS 3000:2000, Electrical Installations (known as the Australian/New Zealand Wiring Rules) as in force on 1 September 2005, except that the maximum capacity of the electrical circuit supplying a dwelling site need not be greater than 32 amperes if the site is provided with gas, whether by means of a reticulated gas service or by means of on-site gas containers.

If a dwelling site is provided with electricity otherwise than by way of direct connection to the local electricity supply authority’s electricity main, the maximum amount that may be charged for the supply of electricity during a particular period is the amount that the standard retail electricity supplier for the relevant district would have charged under a standard form customer supply contract for that supply during that period.

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

36. The developer must provide all dwelling sites with underground electricity, at their own cost. The developer must consult with the relevant electricity provider and must obtain suitable written correspondence/evidence from this provider stating that underground electricity has been provided to each dwelling site, or alternatively that final agreement has been made between the underground electricity provider and the developer to provide underground electricity to each dwelling site. This written correspondence must be to the satisfaction of Council.

Reason: To satisfactorily service the dwelling sites created.

37. The developer must provide all dwelling sites with natural gas connection, at their own cost. The developer must consult with the relevant natural gas provider and must obtain suitable written correspondence/evidence from this provider stating that natural gas services have been provided to each dwelling site, or alternatively that final agreement has been met between the natural gas provider and the developer to provide natural gas services to each dwelling site. This written correspondence/evidence must be to the satisfaction of Council.

Reason: To satisfactorily service the dwelling sites created.

38. The developer must provide all dwelling sites with telecommunication connection, at their own cost. The developer must consult with the relevant telecommunications carrier and must obtain suitable written correspondence/evidence from this carrier stating that telecommunication services have been provided to each dwelling site, or alternatively that final agreement has been met between the telecommunications carrier and the developer to provide telecommunications services to each dwelling site. This written correspondence/evidence must be to the satisfaction of Council.

Reason: To satisfactorily service the dwelling sites created.

39. 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.

Compliance with Government Department conditions of consent

40. The proponent must comply with all conditions and requirements outlined in NSW RMS correspondence (Dated 31 August 2018), attached to this Development Consent as Appendix 1.

Reason: To ensure compliance with NSW RMS conditions of consent.

41. The proponent must comply with all conditions and requirements outlined in NSW OEH correspondence (Dated 21 May 2018), attached to this Development Consent as Appendix 2.

Reason: To ensure compliance with NSW OEH conditions of consent.

42. The proponent must comply with all conditions and requirements outlined in Essential Energy correspondence (Dated 25 July 2018), attached to this Development Consent as Appendix 3.

Reason: To ensure compliance with Essential Energy conditions of consent.

43. The proponent must take all necessary precautions and implement measures to prevent pollution of waters during construction and operation of the development.

Reason: To comply with NSW EPA requirements.

Conditions that must be fulfilled prior to the use of the site as a Manufactured Home Estate/ release of Section 68 Approval to Operate

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

F3 Operate a manufactured home estate.

The approval to operate cannot be issued until all infrastructure and facilities required by Part 2 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.

45. 5% of Construction cost of roads, drainage, water, sewer, landscape and any other required infrastructure are applicable and required to be paid with the Section 68 Approval to Operate application. This deposit will be held by Council for the defects liability period of 12 months and will be used in the circumstance of needing to repair any defects. It will be refunded when a ‘Final Release Certificate’ is issued by Council’s Engineering Department.

Reason: To ensure assets are adequate prior to the release of maintenance period.

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

Reason: To ensure assets are adequate prior to the release of maintenance period.

47. Works As Executed (WAE) plans of all the Council infrastructure and services to be provided to Council in both hard and electronic format (PDF and DWG format). The applicant must also provide Council with an asset value for all infrastructure installed that will be transferred to Council ownership.

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

48. The proponent must submit to Council documentation outlining how the constructed development complies with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005, and specifically the relevant requirements of Division 3 of Part 2. This must be provided to the satisfaction of Council prior to the release of the ATO.

49. The applicant / owner must consolidate Lot 1 DP 802381 and Lot 2 DP 1211412. The plan of consolidation must be lodged with and registered by NSW Land Registry Services (i.e. NSW ‘Titles Office’) prior to the release of an Approval to Operate/use of the site. The Applicant must provide Council with a copy of the newly registered plan of consolidation.

Reason: To ensure that the development is contained within one single allotment to provide adequate community amenities to future residents.

50. Section 7.11 Development Contributions and Section 64 Sewerage and Water headworks charges must be paid prior to the release of any Section 68 Approval to Operate. Charges are for the additional dwelling sites being created that will create additional demand on Council’s infrastructure. These charges are;

Section 64 Servicing Charges (2018/19 Rates)

	CONTRIBUTION RATE (% OF ET)	CONTRIBUTION AMOUNT
DEVELOPMENT		SEWER	WATER
Units – 2 Bedroom x 44	Sewer 75% Water 60%	$935.25 per unit x 44	$1,605.60 (Filtered) + $188.40 (Raw) per unit x 44
Total = $120,087.00		$41,151	$70,646.40 + $8,289.60 = $78,936

Section 7.11 Development Contributions (2018/19 Rates)

	CONTRIBUTION RATE (% OF ET)	CONTRIBUTION AMOUNT
DEVELOPMENT		ROAD UPGRADE	OPEN SPACE	COMMUNITY FACILITIES	WASTE	STORMWATER
2 bedroom unit x 44	70%	$1,192.80 per unit x 44	$315 per unit x 44	$105 per unit x 44	$300 per unit x 44	$450 per unit x 44
Total = $ 103,963.20		$52,483.20	$13,860	$4,620	$13,200	$19,800

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

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

51. All required civil works (outlined in Condition 1 of this consent) must be completed to the satisfaction of Council’s Engineering Department, prior to the release of the Section 68 Approval to Operate / use of the site as a MHE.

Reason: To ensure the MHE is appropriately serviced.

52. Landscaping and associated infrastructure must be completed to the satisfaction of Council in accordance with the approved Landscaping Plan prior to the use of the site as a MHE/release of the ATO.

Reason: To ensure the MHE is appropriately landscaped.

53. Appropriate signs must be erected within the site, which remind drivers to utilise low beam lights on their vehicles. The signs must be of an appropriate size.

Reason: To protect the amenity of the area.

54. The applicant must not allow or permit the site of the MHE to be occupied or used, until:

· 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.

Advice to applicant

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

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

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

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

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

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

Reason: To protect underground assets.

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

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

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

Reason: To comply with relevant legislation.

The proponent should 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

1. RMS Conditions ⇩

2. OEH Conditions ⇩

3. Essential Energy Response ⇩

4. Division 3 of Part 2 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 ⇩

MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

13.3 DA 10.2019.41.1

File Number: -

Author: Christopher O'Brien, Town Planner

Authoriser: David Wilkinson, Relieving Director Planning & Environment

Applicant: Murray River Council

Owner: NSW Crown Lands

Proposal: Water Recreation Structure / Wharf or Boating Facility

Location: Lot: 107 DP: 756508, 9 Murray Street BARHAM 2732 (Murray River)

Recommendation

1. That development consent be granted for the construction of a Water Recreation Structure/Wharf of Boating Facility at Lot 107, DP756508, 9 Murray Street, Barham; and

2. That the following conditions be included with the development consent.

Background

The Application seeks permission to construct a Water Recreation Structure / Wharf or Boating Facility on the subject site. The subject site of the proposed development is located on Lot 107 DP 756508, 9 Murray Street, Barham (Murray River).

It is considered that the proposed development is generally consistent with the Wakool Local Environmental Plan 2013 (Wakool LEP 2013), the Wakool Development Control Plan 2013 (Wakool DCP 2013), the Wakool Strategic Land Use Plan and other relevant planning instruments associated with the site. The Application has been assessed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979 and is deemed consistent with the requirements therein. The design of the proposed development is considered appropriate for the location, respects the riverine environment, and does not significantly adversely impact upon the existing amenity and neighbourhood character of the area.

It is therefore recommended that the proposed development be granted development consent subject to appropriate conditions of consent as detailed at the end of this report.

Discussion

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

Subject Site

The subject land is situated within the Township of Barham along the northern riverbank of the Murray River. The proposed infrastructure will be an extension of the existing boardwalk and fixed viewing platform which extends into the waterway.

The site is located approximately 145m upstream of the Barham Koondrook Bridge.

The infrastructure will project beyond the title boundary and into the Murray River. The Crown land affected by the proposal is identified as Crown Waterway (Murray River) adjacent to part Crown Reserve 64943 notified on 30 November 1934 for Public Recreation.

This land is managed by the Wakool Council Crown Reserves Reserve Trust who were appointed as trust manager on 27 January 1995. This land includes Lot 159 DP 1049554 being 0.3256 ha in area.

Located to the south across the Murray River from the subject land is the Township of Koondrook. The southern riverbank is Crown Reserve which is part of the network of Murray River Parklands zoned Public Conservation and Recreation Zone under the Gannawarra Shire Planning Scheme.

Figure 1 outlines the subject site.

Figure 1 – Aerial photograph of subject site.

Proposal

The development proposal relates to construction a pontoon, gangway and landing as a connection to the existing Barham Boardwalk. The proposed public infrastructure is defined by the Wakool LEP 2013 as a “water recreation facility”. The proposed development will comprise a structure 45m in length with a 20m long floating pontoon connected to a hinged 32.9m long walkway. The facility will connect to a landing attached to the existing boardwalk.

The structure will be designed consistent with relevant criteria outlined within AS 3962 – 2001 Guidelines for Design of Marinas, AS 4997 – 2005 Guidelines for the Design of Marine Structures and AS 1428 – 2001 Design for Access and Mobility.

In terms of relevant NSW Roads and Maritime Services (RMS) Engineering Standards & Guidelines it is to be noted that:

• No hydrographic surveys are required.

• No dredging will be necessary in order to accommodate the proposed structure.

• The structure and its elements will be designed and constructed for static stability under overturning, uplift and sliding and for dynamic stability.

• Appropriate combinations of design actions have been factored into the design so that stability loads and other actions exceed the destabilising loads and other actions.

• The design for ultimate strength, serviceability, stability and other relevant limit states has taken into account appropriate design actions in accordance with AS/NZS1170 and Standard Australia’s - DR 02536 - Guidelines for Design of Maritime Structures.

• The pontoon has been designed to have regard to the required minimum flotation and stability loads.

Statutory Assessment Process

2.1 Environmental Planning and Assessment Act 1979

Section 1.3 Objects

Comment: It is considered that the proposed 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

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

Comment: Not applicable.

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 application is not classed as Integrated Development.

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

(a) the provisions of:

(i) any environmental planning instrument, 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 Wakool Local Environmental Plan 2013 (Available: https://www.legislation.nsw.gov.au/#/view/EPI/2013/655)

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 development is consistent with the aims of Wakool LEP 2013. The proposed development will provide appropriate development within the locality.

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 & Land Use Table (development permissibility)

Comment: The development is primarily situated within the Murray River waterway which is affected by the Recreational Waterways (W2) Zone. The structure will connect to the existing boardwalk situated on Lot 159 DP 1049554. This section of Crown Land is affected by the Public Recreation (RE1) Zone. (See Property Report at Appendix 4).

The proposal is a Section 3 – Permitted with Consent use within both zones being an application for a water recreation structure, defined as:

Water recreation structure – means a structure used primarily for recreational purposes

that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.

In this regard it is considered that there are no matters raised in respect of the proposal that could be considered to be inconsistent with the LEP.

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 and environmental protection zones

Comment: Not applicable.

Clause 4.1B Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings

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 Subdivision for the purposes of intensive plant agriculture

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

Not adopted

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

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 Additional local provisions

Clause 6.1 Earthworks

Comment: No earthworks are required with to only works being associated with driving mooring poles into the riverbank and river bed. The final engineering design associated with the development will be subject to a separate Construction Certificate approval process.

Clause 6.2 Flood planning

Comment: The subject land is not included in an area mapped as being a “Flood planning area” on a Flood Planning Map incorporated into the LEP provisions.

It is noted however that Clause 6.2 relates to “flood liable land” and that the Wakool DCP identifies that section of the Murray River adjacent to the Barham Township as being flood liable land.

Having regard to the nature of the development, it is concluded that the proposed structure can be considered to be consistent with the LEP provisions and in particular the proposal:

(a) has been designed so as to be compatible with the flood hazard of the land,

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

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

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

Further there will be no increased risk to property associated with the use of land while the design is considered to be compatible with river variability including flood behaviour and the environment.

Clause 6.3 Terrestrial biodiversity

Comment: Noted.

Clause 6.4 Riparian land and watercourses

Comment: This clause applies to the development site being land:

a) identified as “Watercourse” on the Watercourse Map, and

b) situated within 40 metres of the top of the bank of a watercourse

Having regard to Subclause 3 it is submitted that the proposed structure can be considered to be consistent with the LEP provisions and in particular the proposal will not be likely to cause any adverse impact on the following:

i. the water quality and flows within a watercourse,

ii. aquatic and riparian species, habitats and ecosystems,

iii. the stability of the bed, shore and banks of a watercourse,

iv. the free passage of fish and other aquatic organisms within or along a watercourse,

v. any future rehabilitation of a watercourse and riparian areas, and;

The proposal will also not increase water extraction from a watercourse.

Clause 6.5 Wetlands

Comment: That part of the structure that projects into the Murray River waterway is affected by the provisions of Clause 6.5.

Having regard to Subclause 3 it is submitted that the proposed structure can be considered to be consistent with the LEP provisions and in particular the proposal will not have any significant adverse impact on the following:

i. the condition and significance of the existing native fauna and flora on the land,

ii. the provision and quality of habitats on the land for indigenous and migratory species,

iii. the surface and groundwater characteristics of the land, including water quality, natural water flows and salinity.

Clause 6.6 Development on river front areas

Comment: The subject land is defined as being part of a “River Front Area” being land partly zoned RE1 Public Recreation and being situated within 40m for the Murray River.

Under the LEP provisions the development is permissible being for the purposes of a water recreation Facility. Having regard to Subclause 3:

• the development is consistent with relevant zone objectives;

• the appearance of the development, from both the river and adjacent river front area, will be compatible with the surrounding area;

• the development is not likely to cause environmental harm including pollution or siltation of the river, or an adverse effect on surrounding uses, marine habitat, wetland areas, fauna or flora habitats;

• the development will represent a significant visual intrusion on the existing landscape setting;

• the development is for public purposes improving opportunities for public access to / from the river; and

• will not impact upon any known historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic attributes of the land on which the development is to be carried out and of surrounding land.

Clause 6.7 Development on river beds and banks

Comment: The subject land is defined as being part of a “River” being land comprising the bed of the river and up to the top of the bank of the river.

Having regard to Subclause 3.

• the development is consistent with relevant zone objectives;

• the development will not increase erosion,

• the development will not likely cause any adverse effect on riverine habitat or flora or fauna habitats,

• it is not expected that the development will cause any adverse effect on drainage or flow patterns.

Having regard to Subclause 4:

• the development is to be located along a relatively straight stretch of the river,

• the appearance of the proposed structure, from both the river and any adjacent land, will be compatible with the surrounding area,

• the proposal will only facilitate short term public access to moorings.

Clause 6.8 Essential services

Development consent must not be granted for development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required:

*Subclause*	Comment
(a) the supply of water,	Able to comply - Required as a part of the scope of the project.
(b) the supply of electricity,	Able to comply - Required as a part of the scope of the project.
(c) the disposal and management of sewage,	Able to comply - Required as a part of the scope of the project.
(d) stormwater drainage or on-site conservation,	Able to comply.
(e) suitable vehicular access	Not applicable.

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: The proposed development is considered to be consistent with the aims of this plan. The use of the land is unlikely to detrimentally impact upon the riverine environment of the River Murray.

Clause 3 Objectives of the plan

Comment: The proposed development is considered to be consistent with the objectives of this plan.

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 development is considered to be consistent with the general principles of this plan. The proposed development is unlikely to significantly adversely affect the River Murray.

Clause 10 Specific principles

Comment: The proposed development is considered to be consistent with the specific principles of this plan. The proposed development is unlikely to significantly adversely affect the River Murray.

The proposal in particular is development for public purposes and will provide moorings for the purposes of short stay occupation only. Environmental values of the river will not be compromised.

The proposed water recreation facility will facilitate controlled access to the river from adjoining public land.

No native vegetation is required to be removed, and there will be no significant disturbance of the river bed.

Suitable safeguards will be put in place before and during the carrying out of works to minimise impacts.

There are no works proposed that will adversely impact upon the operation of the flood plain and/or the free movement of flood waters.

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: At Section 21 of the Table “Marina (Small)” is included as development that may have a possibility to significantly affect the environment. Such development is defined as being a facility providing mooring for less than 10 boats.

The application was consequently referred under this plan to nominated relevant agencies including NRAR.

Clause 14 Building setbacks—special provisions

Comment: The proposed water recreation structure is directly related to the location of the development site relative to the waterway and existing adjacent infrastructure. Although it is arguable whether the proposed development relates to a building, the proposal none the less will sit comfortably within this part of the riverine corridor which is largely within a modified urban setting rather than a natural environmental context along this stretch of the river.

Dictionary

Comment: Noted.

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

Comment: Not applicable.

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

Comment: Not applicable.

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

Comment: Not applicable.

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

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

Comment: Not applicable.

3.2(a)(i)i State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development

Comment: Not applicable.

3.2(a)(i)j State Environmental Planning Policy No 70—Affordable Housing (Revised Schemes)

Comment: Not applicable.

3.2(a)(i)k State Environmental Planning Policy (Affordable Rental Housing) 2009

Comment: Not applicable.

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

Comment: Not required.

3.2(a)(i)m State Environmental Planning Policy (Concurrences) 2018

Comment: Not applicable.

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

Comment: Not applicable.

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

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

3.2(a)(i)p State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

Comment: Not applicable.

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

Comment: Not applicable.

3.2(a)(i)q State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007

Comment: Not applicable.

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

Comment: Not applicable.

3.2(a)(i)s State Environmental Planning Policy (Primary Production and Rural Development) 2019

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

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

Comment: Not applicable.

3.2(a)(i)u State Environmental Planning Policy (State Significant Precincts) 2005

Comment: Not applicable.

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

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

3.2(a)(ii) Proposed instruments

Comment: Draft Wakool LEP 2013 applies. No issues identified.

3.2(a)(iii) Any development control plan

Comment: Comment: The Wakool DCP 2013 (“the DCP”) applies to the proposal. Relevant to this application are the following Chapters of the DCP have been taken into consideration:

Section A INTRODUCTION

Comment: Noted.

Section B LAND USE TYPES

B.1 RESIDENTIAL & ANCILLARY USES

Comment: Not applicable.

B.2 INDUSTRIAL & HIGHER IMPACT USES

Comment: Not applicable.

B.3 COMMERCIAL, RETAIL & OTHER USES

Comment: Not applicable.

B.4 AGRICULTURAL USES

Comment: Not applicable.

B.5 SUBDIVISION

Comment: Not applicable.

B.6 OTHER TYPES OF DEVELOPMENT

A.4.5 - River Structures & Boating Facilities

Comment: Relevant to this proposal it is noted that Council at its meeting of March 2018 resolved to amend Clause A.4.5 of the DCP to permit public infrastructure within the Mooring exclusion zones, with the following resolution being adopted:

‘That Council resolve to amend the Wakool Development Control Plan 2013 to permit Council owned public infrastructure within the mooring exclusion zones within Barham, Tooleybuc and Moulamein where attached to land owned or managed by Council.’

The proposed amendment was placed on public exhibition with no submissions being received.

At its meeting of February 2019 Council subsequently resolved to Amend the clause to instead provide:

3) Prohibited Areas: Council will not approve any applications for moorings, mooring pens, marinas, wharf or boating facilities, boat launching ramps, jetties, boat sheds, water recreation structures and/or ancillary works (including pump ashore facilities) in key watercourses designated on the Mooring Exclusion Map in Appendix 6 - Maps for Barham, Tooleybuc, and Moulamein (where it is incompatible with the appearance of the surrounding

areas) UNLESS;

- the uses listed are ancillary to an approved retail or commercial use and meet all other controls in WLEP2012 and this DCP; OR

- the river structure is a public facility under the control of Council and is attached to or adjacent to land that is owned and or managed by Council; and

- is the only structure located within the Mooring Exclusion Zone utilised to moor vessels; and

- only permits the temporary mooring of vessels.

Having regard to the above the proposal is consistent with the DCP being a public facility to facilitate short term moorings adjacent to Council managed land.

Section C SITE-SPECIFIC CONTROLS

C.1 NATURAL ENVIRONMENT

Comment: No vegetation is proposed to be removed.

C.2 HAZARDS

C.2.4 - Flood Planning

Comment: This DCP adopts a broad risk management hierarchy of

- avoidance of flood risk;

- minimisation of flood risk using appropriate planning controls; and

- flood risk mitigation.

Among other objectives the DCP seeks to

- reduce private and public losses resulting from flooding;

- restrict the intensification of development below the Flood Planning Level (FPL);

- provide for and protect the natural passage, storage and quality of flood waters;

- recognise and help sustain the natural ecosystems of floodplains and riparian zones including the protection of associated vegetation and wetlands;

The DCP provides for a merit-based approach to all development decisions which takes account of social, economic, ecological and flooding considerations.

Having regard to relevant DCP provisions it is concluded that the proposal is not inconsistent with the DCP. When completed, the proposal will result in

public infrastructure designed and constructed to cope with relevant flood events. The outcome will not be one that results in any increased risk to human life or result in additional economic and social costs which may arise from damage to property from flooding.

Further the recreational facility will not represent a development outcome that constitutes an unacceptable level of risk of asset damage in the event of a flood.

C.3 HERITAGE & CULTURE

Comment: Noted.

C.4 ACCESS & PARKING

Comment: Noted.

C.5 URBAN AREA CHARACTER STATEMENTS

Comment: The proposal is considered to be consistent with the Tourism and Environment & Recreation criteria outlined including promoting development that is located so as to take advantage of the opportunities in Barham including, but not limited to the riverfront and key recreation and community facilities. Such development should be designed to be sensitive to the river and heritage character of the town, enhance public access to the riverfront and recreation areas, and integrate with commercial and community services.

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 application. It is considered that the application is consistent with the objectives of the regulations.

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.

Comment: There will be no adverse impacts on either the natural and built environments as a consequence of approval of this public infrastructure proposal. The design layout will have little or no consequences on adjoining properties or the immediate neighbourhood. The land is also adequately serviced to an appropriate standard.

It is submitted that the activity will result in a positive social and economic impact upon Barham. Further the activity not impact upon habitat, species or communities that would necessitate a Species Impact Assessment.

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

Comment: Having regard to site context and characteristics the subject land is considered to be suitable for the proposed development. The development is appropriately accommodated for within the zone provisions of the Wakool LEP. Further there are no issues of non-compliance with relevant DCP provisions that would warrant refusal of this application.

Lastly it is also to be noted:

• The proposal is located within an identified Mooring Zone under the Wakool DCP provisions;

• The proposal relates to public facility adjacent to Council controlled land.

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

Agency	Response
NSW DOI NRAR Water	No objections (exempt from Controlled Activity Approval)
NSW EPA	No objections subject to conditions.
NSW OEH	No objections subject to conditions.
NSW RMS	No objections, comments received.
MDBA	No objections, comments received.
VIC DELWP	No objections.
NSW Murray LLS	No objections.
NSW DPI Fisheries	No objections subject to conditions.
WaterNSW	No objections, comments received.
NSW Crown Lands	Land Owners Consent granted subject to conditions.
Gannawarra SC	No response.
Destination NSW	No response.
NSW Public Works Department	No response.

Public Submissions

No public submissions were received.

3.6(e) The public interest.

Comment: During the Stronger Community Fund - Major Projects it was evident that the Barham community thought that the installation of a mooring structure on the river would be advantageous. It was suggested that such structures would permit vessels to moor on a temporary basis and access the facilities and businesses within each town.

Subsequent amendment of the Wakool DCP to facilitate such development outcome as that proposed received no public submissions.

As a consequence it is submitted that there is nothing against the public interest that would prevent Council making a favourable determination in this matter.

No detrimental issues exist in relation to the public - private land interface, including the river bank frontage and adjoining land under Council management.

Conclusion

The proposed development has been assessed in accordance with the provisions of Section 4.15 of the Environmental Planning and Assessment Act 1979 and is considered to be satisfactory. The proposed development will not adversely impact upon Murray River Council. It is therefore recommended that development consent be granted subject to the relevant conditions of development consent outlined below.

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: Conditions relating to maximum capacity signage

Clause 98E: Conditions 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.

Planning conditions

General Conditions that must be fulfilled

1. The development must be carried out in accordance with the plans and information approved by Council.

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

2. There must be no clearing of native vegetation.

Reason: To comply with the Biodiversity Conservation Act 2016.

3. No trees are permitted to be removed from Council’s road reserve.

Reason: To protect Council’s assets.

4. 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, work must stop immediately, the area secured to prevent unauthorised access and NSW Police and NSW OEH contacted. All reasonable precautions must be taken to prevent damage to Aboriginal objects.

Reason: To protect Aboriginal heritage.

5. The proponent must ensure and monitor that the development is secured in the approved location. The development must not be relocated without the prior written consent of Council and other government departments or agencies, as may be the case.

Reason: To ensure the development operates as approved.

6. The proponent must ensure that the development is maintained in a safe and serviceable condition at all times. The use of the development must not detrimentally affect the amenity of the area, including through:

Ø the transport of materials, goods or commodities to or from the site, and

Ø the appearance of any works or materials, and

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

Reason: To protect the amenity of the area and to accord with the Protection of the Environment Operations Act 1997.

7. No waste or waste storage facilities are to be placed or stored on the bank or land adjacent to the development.

Reason: To protect the amenity of the area and to accord with the Protection of the Environment Operations Act 1997.

8. No vessels are permitted to be moored permanently at the site.

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

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

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

Compliance with Government Department conditions of consent

10. The proponent must comply with all conditions and requirements outlined in NSW OEH correspondence (Dated 8 April 2019), attached to this Development Consent as Appendix 1.

Reason: To ensure compliance with NSW OEH conditions of consent.

11. The proponent must comply with all conditions and requirements outlined in Murray-Darling Basin Authority correspondence (Dated 8 April 2019), attached to this Development Consent as Appendix 2.

Reason: To ensure compliance with MDBA conditions of consent.

12. The proponent must comply with all conditions and requirements outlined in NSW Department of Industry – Fisheries correspondence (Dated 13 May 2019), attached to this Development Consent as Appendix 3.

Reason: To ensure compliance with NSW Department of Primary Industries – Fisheries conditions of consent.

13. The proponent must comply with all conditions and requirements outlined in NSW Department of Industry – Crown Lands correspondence (Dated 2 May 2019), attached to this Development Consent as Appendix 4.

Reason: To ensure compliance with NSW Department of Industry – Crown Lands conditions of consent.

NSW EPA Conditions that must be fulfilled

14. The proponent must take all necessary precautions and implement measures to prevent pollution of waters during construction and operation of the development.

Reason: To comply with NSW EPA requirements.

15. All waste generated from construction and operation of the development must be disposed of at a site that can lawfully accept the waste.

Reason: To comply with NSW EPA requirements.

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

16. The Applicant must prepare and submit an Erosion and Sediment Control Plan with the application for a Construction Certificate. This plan must be approved by Council prior to the issue of a Construction Certificate. These measures must be in place prior to works commencing. Such measures must be maintained throughout the working period and must not be removed until the works are completed. Operations must be conducted in such a manner as not to cause damage or increase erosion of the adjacent banks.

Reason: To ensure that sediment does not enter the watercourse and the banks are protected during construction works.

17. The proponent must provide Council with a detailed report from an appropriate consulting structural engineer demonstrating that the proposed development can withstand the force of flowing floodwaters, including buoyancy forces.

Reason: To ensure the development can withstand the force of flowing floodwaters and is structurally sound.

18. The Applicant must supply Council with details of the specific colours being used to complete the structure. Colours must blend with the riverine environment and must be approved by Council prior to the commencement of works. This condition does not apply to the requirements of NSW RMS for navigational safety.

Reason: To ensure that the structure blends with the riverine environment.

19. Prior to the issue of a Construction Certificate, the applicant must submit to Council a landscaping plan detailing indigenous species of riparian vegetation to be planted to screen and soften the appearance of the development to the riverine environment. This plan must also assist with stabilising the bank, providing both habitat for wildlife and a trap for silt, nutrients and other substances which may otherwise enter the river and lead to a deterioration of water quality.

Reason: To comply with Murray REP2 Riverine Land and to reduce the visual amenity impacts of the development on the riverine environment of the River Murray.

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

20. A Construction Certificate must be submitted to, and approved by Council prior to any building works taking place on the subject site.

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

21. Erosion and sedimentation controls must be installed and maintained on site in accordance with the approved plan for the duration of construction works. Such measures must be maintained throughout the working period and not removed until the works are completed. Operations must be conducted in such a manner as not to cause damage or increase erosion of the bank. Erosion and sediment mitigation devices must be erected in a manner consistent with currently accepted Best Management Practice (i.e. Managing Urban Stormwater: Soils and Construction 4th Edition Landcom, 2004) and the NSW Department of Environment and Conservation “Erosion and Sediment Control – A Resource Guide for Local Councils” to prevent the entry of sediment into the waterway prior to any earthworks being undertaken. These must be maintained in good working order for the whole duration of the works and subsequently until the site has been stabilised and the risk of erosion and sediment movement from the site is minimal. Exposed soil must be reseeded or turfed.

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

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

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

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

Reason: To comply with the Electricity Supply Act 1995.

Conditions that must be complied with during works and in perpetuity

24. 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.

25. The construction 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.

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

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

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

27. 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.

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

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

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

29. The Applicant must not allow or permit the development 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 of consent.

30. Landscaping must be completed to the satisfaction of Council in accordance with the approved Landscaping Plan prior to the use of the development.

Reason: To ensure the development is appropriately landscaped.

31. The development must have restricted access and appropriate signage to prohibit unauthorised use. The signage must be of minimal size to protect the amenity of the riverine environment.

Reason: To protect the public from harm or injury from using approved river structures.

32. The development must be hinged so it is able to rise and fall with the level of the watercourse and be able to be removed in a major flood event.

Reason: To ensure that the structure does not contribute to flood debris.

Advice to applicant

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

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

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.

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.

NSW RMS Advice to applicant

RMS advises that any occupation by a vessel longer than 6 hours on the Murray River, will require further assessment of the impacts to safe navigation and may require an Occupation Licence issued by Department of Industry Lands (formally Crown Lands).

The Department of Industry Lands administers specific rules relating to the berthing of vessels at structures such as pontoons. I recommend the applicant is advised to consult Crown Lands directly regarding these rules.

I can advise you the Transport for NSW ‘Boating Now’ infrastructure program is currently in the delivery/build phase, and that the future of the program is expected to be known in the middle of 2019 when a fresh round of proposals will be considered should the program continue. For further information on this program please contact: MIDO@rms.nsw.gov.au.

It is important to note that no agent shall be exempt from the provisions of the Marine Safety Act 1998, or any other relevant legislation, and all agents must comply with any direction given by Roads and Maritime officers with regard to the prevention of pollution.

Reason: To advise of NSW RMS requirements.

WaterNSW Advice to applicant

It is noted that the development is on flood prone land and must not impact on the flow of flood waters to and from the Murray River.

Reason: To advise of WaterNSW comments.

MDBA Advice to applicant

The proponent of DA 10.2019.41.1 needs to be aware that the MDBA has the responsibility to regulate the River Murray and cannot guarantee water levels. As part of river operations, variation in river levels and weir pool levels, both up and downstream may become more pronounced or that average levels may significantly change.

Reason: To advise of MBDA comments.

NSW Natural Resources Access Regulator Advice to applicant

Natural Resources Access Regulator (formerly the Department of Industry - Water) has reviewed documents associated with the above proposal. The applicant is a public authority and under clause 41 of the Water Management (General) Regulation 2018 is exempt from section 91E (1) of the Water Management Act 2000 (WM Act), and no controlled activity approval is required.

This exemption is subject to any applicable requirements set by the Minister for the protection of waterfront land or any river, lake or estuary to which that land has frontage. Any relevant requirements will be published on NRAR’s website. Other information on controlled activity approvals is also located here. www.industry.nsw.gov.au/water go to Licensing & trade > Approvals > Controlled activities.

The Minister may also issue a direction in relation to a controlled activity that is having, has had, or is likely to have, an adverse effect on a water source or waterfront land and works which degrade the watercourse or waterfront land may be subject to compliance action.

Reason: To advise of NRAR comments.

Attachments

1. Appendix 1 (OEH Response) ⇩

2. Appendix 2 (MDBA Response) ⇩

3. Appendix 3 (DPI Fisheries Response) ⇩

4. Appendix 4 (NSW Crown Lands Land Owners Consent) ⇩


AGENDA Ordinary Council Meeting Tuesday, 25 June 2019
I hereby give notice that an Ordinary Meeting of Murray River Council will be held on:
Date:	Tuesday, 25 June 2019
Time:	6:00PM
Location:	Tatalia Room, Upper Level, Rich River Golf Club 24 Lane, Moama
Des Bilske General Manager

Direct Activities - supporting young people
One-to-one support for up to 4 young people at risk, including client referrals in Moama and Greater Murray Wards
one-to-one support for up to 4 young people at risk, including .client referrals in Greater Wakool Ward
Group support - assist small working groups of young people to collaborate and pursue collective goals - e.g. building Youth Bases at Moama/Barham/remote locations
Group support - facilitate workshops to create, plan, administer and facilitate Youth led events, of Grant funded activities

Grants
Administer, facilitate and enable youth led events and projects, (this could include leadership programs):
1. National Youth Week (NSW Grant Fund)
2. Regional and Youth Participation Grant (NSW Grant Fund)
3. Youth Opportunities Grant (NSW)

Network participation, involvement with:
1. Campaspe Youth Services Network
2. Campaspe Murray Mental Health Network
3. Echuca Wellbeing Network (Wellbeing Officers, Echuca/Moama Schools)
4. Deniliquin Mental Health Awareness Group and/or other regional networking activities
5. Gannawarra/Swan Hill (Wakool Ward) Youth Network/s (to be determined)
6. Headspace Networks - Echuca working group and Swan Hill (to be determined)

Participation at other organisation events:
1. Echuca College - Wellbeing Day or Youth Expo
2. Barham High School - wellbeing day (to be determined)
3. Tooleybuc High School - wellbeing day (to be determined)
4. Cummeragunja, Njernda, MDAS Swan Hill - community event/s (to be determined)
5. YOMOVE Barham (Wakool Ward) Youth Group - leader meetings

Training to maintain competencies of two Youth Officers
1. Family and Community Services - industry briefing and training session days
2. NSW Office of Children's Guardian - Childsafe and Child Protection training sessions
3. Youth Mental Health First Aid
4. other Training opportunities to maintain competencies and knowledge of challenging issues facing young people

Program Status – Stronger Communities Fund Round 2 (SCF2)			SCF2 $4,095,000		Projects 7
Program Health	Program Trend	Actual Spend Budget	At Risk Projects		Last updated

MRC Culture / Bus Excellence F/work / Enterprise System Status On track Stage Start-up Budget $1,500,000 SCF2 Actual $$ 0.0%	Moama Business Expansion Status On track Stage Start-up Budget $1,195,000 SCF2 Actual $$ 0.0%	Moama Business Park Upgrade Water Pressure Pump Status On track Stage Start-up Budget $500,000 SCF2 Actual $$ 0.0%	Moama Council New Office Car Park Upgrade Status On track Stage Start-up Budget $250,000 SCF2 Actual $$ 0.0%		Barham Bridge Road Access Status On track Stage Start-up Budget $250,000 SCF2 Actual $$ 0.0%
Moama Recreation Reserve Road Sealing and Drainage Status On track Stage Start-up Budget $200,000 SCF2 Actual $$ 0.0%	Tooleybuc Rec Reserve Irrigation System Upgrade Status On track Stage Procurement Budget $200,000 SCF2 Actual $$ 0.0%	Comments: Nil
Program Status – Stronger Country Communities Fund Round 1 (SCCF1)				SCCF1 $2,049,463 MRC $54,891	Projects 7
Program Health	Program Trend	Actual Spend Budget		At Risk Projects	Last updated

Barham Pontoon Status On track Stage Planning/Approvals Budget $505,000 SCCF1 Actual $$ 4.0%	Tooleybuc Pontoon Status On track Stage Planning/Approvals Budget $505,000 SCCF1 Actual $$ 4.0%	Moama Rec Reserve Zone 4 Lights/Criterion Track/L’scape Status Complete Stage Closure Budget $384,294 SCCF1 Actual $$ 71%		Murray Downs Path Stage 1 Status On track Stage Closure Budget $80,960 SCCF1 Actual $$ 69%	Tooleybuc Rec Reserve Amenities Building Status On track Stage Construction Budget $120,206 SCCF1 $40,794 MRC Actual $$ 83%
Moulamein Swimming Pool Reline Status Complete Stage Closure/defect Budget $133,975 SCCF1 $14,097 MRC Actual $$ 112%	Barham, Bunnaloo, Koraleigh, Mathoura, Wakool Courts Status Complete Stage Closure Budget $320,028 SCCF1 Actual $$ 96%	Comments: 3 projects complete; 1 nearing completion & rolling into next stage