DEVELOPMENT APPLICATION - Orange City Council · The building represents the well-established premises of Davis Removals and Storage, which is a furniture removals and storage business

PLANNING & DEVELOPMENT

DEVELOPMENT APPLICATION

Alterations and Additions to Existing Building; Change of Use to Recreation Facility (Indoor); and

Business Identification Signage 52 Lords Place, Orange

Prepared for Homefront Crossfit

July 2019

Ref: DA1PJB19019

343 Summer St, PO Box 1827, Orange NSW 2800 telephone 02 6361 2955 facsimile 02 6360 4700 mobile 0409 821 016 email [email protected] obn 91 558 813 035

TABLE OF CONTENTS

Section 1.0 1 THE APPLICATION 1

1.1 OVERVIEW 1 1.2 DOCUMENTATION 2 1.3 APPLICANT 2 1.4 OWNERSHIP 2

Section LO 3 EXISTING CIRCUMSTANCES 3

2.1 LOCATION, TITLE AND ZONING 3 2.2 SITE DESCRIPTION 3 2.3 SURROUNDING DEVELOPMENT 4 2.4 ROADS AND ACCESS 5 2.5 SERVICES 5

Section ,.o 6

THE PROPOSAL 6

3.1 OVERVIEW 6 3.2 PROPOSED WORKS 6 3.3 PROPOSED ACTIVITIES 8 3.4 SIGNAGE 9

Section +.o 10

TOWN PLANNING CONSIDERATIONS 10

4.1 PROVISIONS OF ENVIRONMENTAL PLANNING INSTRUMENTS 10 4.1.1 Orange Local Environmental Plan 2011 10 4.1.2 State Environmental Planning Policy 55 - Remediation of Land 15 4.1.3 State Environmental Planning Policy No. 64 -Advertising and Signage 16

4.2 PROVISIONS OF DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS 18 4.3 PROVISIONS OF DEVELOPMENT CONTROL PLANS 18

4.3.1 Orange Development Control Plan 2004 - 00 Transitional Provisions - Residential Proximity 18

4.3.2 Orange Development Control Plan 2004 - 09 Development in the Industry and Employment Zone 19

4.3.3 Orange Development Control Plan 2004 -15 Car Parking 21 4.4 MATIER PRESCRIBED BY THE REGULATIONS 26 4.5 THE LIKELY IMPACTS OF THE DEVELOPMENT 27

4.5.1 Traffic Impacts 27 4.5.2 Visual Amenity 28 4.5.3 Noise impact 28 4.5.4 Water Quality 29 4.5.5 Air Quality 29 4.5.6 Waste Management 29 4.5.7 Impacts on Surrounding Development 29 4.5.8 Crime Prevention 31 4.5.9 Social and Economic lmpacts 32

4.6 THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT 33 4.7 SUBMISSIONS IN ACCORDANCE WITH ACT OR REGULATIONS 33 4.8 THE PUBLIC INTEREST 33

Section 5 .0 ...•......•...•.....••..•.••..•..•..•...•.•..•..••..............•.........•..........................•..••.••...............•.••.••..•..• 34

CONCLUSION ..................................................•.....................•...•.......................................................... 34

Annexure A Land Plans by Peter Basha Planning & Development

Annexure B Building Design Plans by Bassmann Drafting Services

Annexure C Schedule of Fire Safety Measures

ii

Section 1.0

THE APPLICATION

1.1 OVERVIEW

This Development Application relates to property at 52 Lords Place, Orange. The land is an industrial allotment of 2,023m2. It comprises an established

industrial building which presently represents the premises of Davis Removals and Storage (below). The subject property is zoned INl General Industrial.

Homefront Crossfit seeks approval for a change of use of the property to a

Recreation Facility (Indoor). The proposal will involve mostly internal works to convert the building for the proposed land use. This will include construction

of new internal walls and fit-out to provide the gym spaces; toilets/changerooms; administration areas; and an ancillary cafe.

Some external works are required to provide entry to the premises and to establish on-site parking. The front section of the building will be repainted.

Business identification signage is also proposed.

The proposed development is permissible subject to obtaining the

development consent of Council.

This report provides an assessment of the development as required under Section 4.15 of the Environmental Planning and Assessment Act, 1979 and

indicates that there are no aspects of the proposal that would prevent

approval.

Peter Basha Planning & Development


Business Identification Signage, S2 Lords Place, Orange Page 2

1.2 DOCUMENTATION

This development application consists of this report; a completed development application form; and the following plans:

Annexure A - land Plans by Peter Basha Planning & Development

Figure 1 Figure 2 Figure 3

Location of subject land Existing boundaries and site detail

Surrounding development

Annexure B - Building Design Plans by Bassmann Drafting Services

Drawing DA1 Drawing DA2

Drawing DA3

Proposed Site Plan Existing (Floor Plan and Elevations)

Proposed Floor Plan and Elevations

Annexure C

Schedule of Fire Safety Measures

1.3 APPLICANT

Homefront Crossfit

cf- Peter Basha Planning & Development

PO Box 1827 ORANGE NSW 2800

1.4 OWNERSHIP

Lords Place Funds Management Pty Ltd

52 Lords Place ORANGE NSW 2800


Section2.0

EXISTING CIRCUMSTANCES

2.1 LOCATION, TITLE AND ZONING

The subject land is located within the Lords Place industrial area, south of

Gardiner Road.

The street address is 52 Lords Place, Orange. The Real Property description is

Lot 4 DP 235184, Parish of Orange, County of Bathurst (refer to Figure 2).

The land is Zoned INl General Industrial under the provisions of Orange LEP

2011.

2.2 SITE DESCRIPTION

The subject land is rectangular with an area of 2,023m2• It has a frontage of

20.117 metres to Peisley Street which forms the western boundary. The depth

from front to rear is 100.6 metres.

An easement to drain water 2.438 metres wide runs inside and parallel to the eastern boundary of the subject land. A right of carriageway easement 3.85

metres wide runs inside and parallel to the southern boundary of the subject

land.



Business Identification Signage, 52 Lords Place, Orange Page 4

The land comprises an industrial scale building of concrete block walls and steel roofing. The building has a footprint area of approximately 1,312.8m2 and

dominates the site. It has a setback some 14.78 metres from the Lords Place boundary; and as dictated by the existing easements it is set 3.84 metres from the southern boundary; and 2.438 metres from the rear boundary. The building

has zero setback from the northern boundary.

The building represents the well-established premises of Davis Removals and

Storage, which is a furniture removals and storage business. It comprises a large storage area (essentially the entire building}; offices at the front (north

west corner}; and staff amenities part way along southern wall.

Roller door access in the front elevation provides principal vehicle access to the building. Secondary vehicle access is provided via a smaller roller door along in

the southern wall.

The front setback section of the site is mostly used as the driveway to the front

of the building and provides some parking.

2.3 SURROUNDING DEVELOPMENT

The subject land is within a zoned and developed industrial area. The

surrounding development pattern comprises:

• Established industrial development to the north, east and south.

• A public reserve and the Anson Street School grounds to the west on the opposite side of Lords Place.

The nearest residential areas include:

• The Apollo Place neighbourhood which commences some 100 metres to the north west with the Lords Place industrial precinct in the intervening area.

• The Gardiner Road neighbourhood which commences some 160 metres to the north, with the Lords Place industrial precinct in the intervening area .

• The Anson Street neighbourhood which commences some 160 metres to the west, with the Anson Street school grounds; public reserve; and Lords

Place industrial precinct in the intervening area.




2.4 ROADS AND ACCESS

The subject land is serviced by Lords Place which intersects with Gardiner Road

to the north and terminates in a dead end to the south.

Vehicular access is provided to the subject land via a driveway that leads to a roller door in the front elevation of the building. Secondary access is provided

via a driveway which extends along the southern side of the building.

Given the nature of the existing business and the building configuration, most

large vehicle movements to or from the premises would require reverse access onto or from Lords Place.

2.5 SERVICES

The subject land and premises are connected to Council's sewer, town water

and storm water services. Telephone and electricity services are connected to

the subject land.


Section j.O

THE PROPOSAL

3.1 OVERVIEW

Homefront Crossfit presently operate from their existing premises at Barrett Court, along with Central West Gymnastics.

Central West Gymnastics will remain at the Barrett Court site. However,

Homefront Crossfit now seek to relocate to more central premises and create a modern recreation facility in terms of gym space; equipment; facilities; and function. To this end, the proposed development involves alterations and

additions to the existing premises at 52 Lords Place to provide:

• The principal gym space for crossfit training.

• A yoga studio.

• Male and female changeroom/bathrooms.

• Accessible WC

• Reception, office and administration areas.

• Storage mezzanine.

• Ancillary cafe.

3.2 PROPOSED WORKS

With reference to the submitted plans by Bassmann Drafting Services, the

proposed development involves the following works:

• Internal construction works to create the proposed spaces. Such works

include:

New internal walls using a mix of materials and finishes such as

weatherboards; recycled brick; and ply sheeting.




Fit-out of the new rooms and spaces.

Fit-out of the ancillary cafe in accordance with the relevant food

standards.

Refurbishment of the existing shed section for use as the main gym

area.

Provision of a synthetic turf internal running track.

• External building alterations, including:

Construction of a minor extension at the front of the building using blockwork and aluminium framed glazing to define the principal

entrance.

Provision of new PA doors (fire exits) along the southern elevation.

Provision of a new window in the southern elevation to provide natural

light to the ancillary cafe space.

Enlarge the existing roller door in the southern elevation and provide a second roller door further along to the east in the same wall.

Infill an existing window in the southern elevation to accommodate the

male changeroom/bathroom.

Painting ofthe front fac;:ade and along 2 bay widths of the southern wall.

Roof mounted photovoltaic panels as depicted on the submitted plans. The applicant advises that the system will have a capacity of

approximately 15 to 20 kW.

• Site works, including:

Establish off-street parking for 9 cars in the front setback area.

Provide a landscaping strip along part of the site frontage.

Provide planter boxes along the part of the building frontage.




3.3 PROPOSED ACTIVITIES

The principal use is for crossfit training, and supplemented with yoga/pilates

classes.

The schedule below summarises the proposed typical daily usage. This schedule is indicative only to demonstrate typical use and is subject to change

as required.

PERIOD

Early Morning 6am-8am

Morning 9am-12pm

Daytime 12pm-3pm

Afternoon 3pm-6pm

Evening 6pm-8pm

Weekend

CROSSFIT

Class 1: 6am - 6.45am Average 15 people/class

Class 2: 7am- 7.45am Average 10 people/class

Class: 9.30am - 10.15am Average 10 people/class

Class 1: 12pm - 12.45pm Class 2: 1pm - 1.45pm Average 10 people/class

Class: 5pm - 5.45pm Average 10 people/class

Class 1: 6pm - 6.45pm Class 2: 7pm - 7 .45pm Average 15 people/class

Saturday only Class 1: 7am- 7.45pm Class 2: 9.30am - 10.15am Average 15 people/class


YOGA

Nil

Class: 10.45am - 11.45am Average 10 people/class

Class: 2.15pm - 3.15pm Average 10 people/class


Nil

Saturday and Sunday Class 1: Sam - 9am Class 2: 11am - 12pm Class 3: 2pm - 3pm Average 10 people/class



The other spaces within the building would be used as follows:

• The offices provide administration space for the manager and staff.

• The reception areas will ensure proper management of entry and exit to the facility.

• The mezzanine storage area will provide secure and tidy storage of items not in use.

The cafe is ancillary to the principal use and is intended to encourage healthy

nutrition; enhance the overall experience; and contribute to the sense of

community.

Employee numbers are envisaged as follows:

• Crossfit classes 1 trainer per class

• Yoga/Pilates 1 trainer per class

• Administration Allow 2 staff on premises at any one time

• Cafe 3 staff

3.4 SIGNAGE

It is proposed to establish the following business identification signage:

• Flush wall or painted signage in the gable end facing Lords Place with the wordmark/logo Homefront Cross/it. This signage will be internally

illuminated.

• Awning fascia signage on the entry fascia with the wordmark Black Bull being the name of the cafe. This signage will be internally illuminated.

• A projecting wall sign with the Homefront Cross/it logo affixed to the Lords Place elevation above the main entry. This sign will be internally

illuminated.


Section+.o

TOWN PLANNING CONSIDERATIONS

In determining the application, Council must take into consideration the relevant

matters under section 4.15 ofthe Environmental Planning and Assessment Act, 1979.

These are assessed below.

4.1 PROVISIONS OF ENVIRONMENTAL PLANNING INSTRUMENTS

4.1.1 Orange Local Environmental Plan 2011

The land is subject to the provisions of Orange Local Environmental Plan 2011

(the LEP). The relevant provisions are considered below.

Zoning

The subject land is zoned INl General Industrial. The objectives ofthe zone are:

• To provide a wide range of industrial and warehouse land uses.

• To encourage employment opportunities.

• To minimise any adverse effect of industry on other land uses.

• To support and protect industrial land for industrial uses.

• To ensure development along the Southern Link Road has an alternative

access.

The proposed development is satisfactory in terms of the zone objectives due

to the following:

• The proposal is not adverse to the first stated objective. It relates to a well established indoor recreation facility and therefore does not impact upon

the range of uses undertaken in the industrial zone.

• In consideration ofthe second stated objective, the proposal facilitates the relocation and improved function of an existing business and will at least

maintain employment opportunities.




• In consideration of the third stated objective, the proposal represents a non-industrial use within an established industrial precinct. As such, it is

unlikely to adversely affect other land uses.

• In consideration ofthe fourth stated objective, the proposal utilises existing industrial premises for another use that is permitted in the INl Zone.

• The fifth stated objective is not relevant as the proposal does not involve

direct access to the Southern Link Road.

Permissibility

According to the Land Use Table in Part 2 of the LEP, a recreation facility (indoor) is a permitted use in the INl Zone subject to obtaining the

development consent of Council.

According to the LEP Dictionary, a recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.

The development as described in this application satisfies the above definition

as follows:

• Crossfit and yoga are recreation activities that are primarily undertaken

indoors.

• Consistent with the LEP definition, the use is characterised as a gymnasium or health studio.

• There are no aspects of the proposed use that would cause it to be characterised as an entertainment facility, recreation facility (major); or registered club.

The cafe is an ancillary component and is therefore permissible. In this regard:

• The principal use is clearly characterised as a recreation facility (indoor). The majority of the building will operate as the new premises of a well

established local recreation facility business.




• The proposed cafe and the activities to be undertaken therein, represent only a minor component of the overall floor space and operation and only

exist to serve the dominant use as a recreation facility (indoor).

• It is not unreasonable or unexpected that a recreation facility would offer food and refreshments. In particular, the proposed ancillary cafe seeks to reinforce the health and well-being message of the facility by offering

healthy food choices.

Clause 1.2 -Aims of Plan

The aims of the LEP are:

a} to encourage development that complements and enhances the unique

character of Orange as a major regional centre boasting a diverse economy and offering an attractive regional lifestyle,

b} to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Orange in a way that

allows the needs of present and future generations to be met by implementing the principles of ecologically sustainable development,

c} to conserve and enhance the water resources on which Orange depends,

particularly water supply catchments,

d} to manage rural land as an environmental resource that provides economic

and social benefits for Orange,

e} to provide a range of housing choices in planned urban and rural locations

to meet population growth,

f} to recognise and manage valued environmental heritage, landscape and

scenic features of Orange.

The following comments are provided in response to the LEP aims:

• There are no aspects of the proposal that detract from the character of Orange as a major regional centre [General Aim (a)].

• The proposal would have a neutral to positive effect in terms of the social, economic and environmental resources of the City. There are no aspects of

the proposal that would compromise the principles of ecologically

sustainable development [General Aim (b)]. Peter Basha

Planning & Development



• There are no aspects of the proposal that would threaten the City's water resources [General Aim (c)].

• The management of rural land as an environmental resource is not relevant to this proposal [General Aim (d)].

• The proposal will not impact on the City's range and supply of housing

choices [General Aim (e)].

• For the reasons outlined in this report, the proposal will not adversely affect the value of heritage, landscape and scenic features of the City [General Aim (f)].

Clause 7.3 Stormwater management

Clause 7.3 of the LEP applies to the proposal and provides as follows:

1) The objective of this clause is to minimise the impacts of urban storm water on the land to which the development applies, and on adjoining

downstream properties, native bushland and receiving waters.

2) This clause applies to all land in residential, business and industrial zones.

3) Development consent must not be granted to development on land to

which this clause applies unless the consent authority is satisfied that the

development:

a) Is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting on-site

infiltration of water.

b) Includes, where practical, on-site stormwater retention for use as an alternative supply to mains water, ground water or river water; and

c) Avoids any significant impacts of stormwater runoff on adjoining

downstream properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the

impact.

Stormwater drainage for the new work will be provided in accordance with

Council's normal requirements.



Business Identification Sign age, 52 Lords Place, Orange Page 14

Clause 7.6 Groundwater vulnerability

The subject land is defined on the Orange Local Environmental Plan 2011 -

Groundwater Vulnerability Map as having groundwater vulnerability. Clause

7.6 of the LEP provides as follows:

1} The objectives of this clause are to maintain the hydrological functions of key groundwater systems and to protect vulnerable groundwater

resources from depletion and contamination as a result of inappropriate

development.

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

Groundwater Vulnerability Map.

3} Before determining a development application for development on land to which this clause applies, the consent authority must consider:

a) Whether or not the development (including any on-site storage or disposal of solid liquid waste and chemicals) is likely to cause any

groundwater contamination or have any adverse effect on groundwater dependent ecosystem, and

b) The cumulative impact (including the impact on nearby groundwater extraction for potable water supply or stock water supply) of the

development and any other existing development on groundwater.

4) Development consent must not be granted to development on land to

which this clause applies unless the consent authority is satisfied that:

a) The development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

b) If that impact cannot be reasonably avoided - the development is

designed, sited and will be managed to minimise that impact,

c) If that impact cannot be minimised-the development will be managed

to mitigate that impact.

There are no aspects of the proposal that would adversely affect groundwater

resources.




Clause 7.11 Essential services

Pursuant to Clause 7.11, development consent must not be granted to

development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when

required:

a) the supply of water,

b) the supply of electricity,

c) the disposal and management of sewage,

d) storm water drainage or on-site conservation,

e) suitable road access.

The relevant urban utility services are connected to the subject land and

premises. The proposal will satisfy Council's normal requirements pertaining to the servicing of development.

Legal and practical access is provided to the subject land.

4.1.2 State Environmental Planning Policy 55 - Remediation of Land

Clause 7(1) of SEPP 55 Remediation of Land provides that a consent authority

must not consent to the carrying out of any development on land unless:

a) It has considered whether the land is contaminated, and

b) If the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

c) If the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the

land will be remediated before the land is used for that purpose.

The subject land is not known to have been used for a purpose listed in Table

1 of Managing Land Contamination Planning Guidelines SEPP 55 -Remediation

of Land.



Business Identification Signage, 52 Lords Place, Orange ------------------------

Page 16

The majority of the site is covered by the existing building which has long been

used to accommodate a furniture removals and storage business. The space at

the front has been used a loading and informal parking. The space along the

southern side of the building is a shared driveway. The space at the eastern side of the building is a setback area with no use. There is no obvious evidence that the current long-standing previous use has caused land contamination.

Based on the above, it is requested that Council not require soil testing or further assessment pertaining to potential site contamination.

4.1.3 State Environmental Planning Policy No. 64 - Advertising and Signage

Schedule 1 of SEPP No. 64 requires the following criteria to be considered in

regard to the proposed advertising signage.

Character of the Area

Signage in this industrial precinct relates to the existing businesses and is affixed to buildings in a relatively restrained manner. There are some free

standing signs at the front of some properties. The majority of signs are unlit

or externally lit.

Despite being internally lit, the proposed sign age is not uncharacteristic of the area. It is to be affixed to the building with a relatively restrained approach in terms of placement, size and colour. It will identify the business and will not

dominate in terms of size or brightness.

It is not unreasonable or unexpected for a recreation facility to affix business identification signage to the subject premises in the manner proposed by this

application.

Special Areas

The proposal does not involve the establishment of any advertising signage

within a special area.

The proposed signage is focussed within an existing industrial precinct. It will not detract from the amenity or visual quality of the streetscape.




Views and Vistas

There are no significant views or vistas around the subject land that are likely

to be adversely affected by the proposed signage.

Streetscape, Setting or landscape

Except for the projecting illuminated sign, the proposed signage is confined

entirely within the facade or profile of the building and does not protrude beyond it.

It is requested that Council accept the projecting wall sign on the basis that it

is relatively subdued; modest in size; and well setback from the street.

The proposed signage scheme would not be easily detected in views from the residential areas that commence beyond the precinct.

The signage is generally acceptable because:

• It does not obscure or compromise important views.

• It does not dominate the skyline and reduce the quality of vistas.

• It does not interfere with the viewing rights of other advertisers.

Site and Building

The signage remains within the profile of the building (noting the above

comments relating to the projecting wall sign) and does not obliterate architectural detailing or dominate in terms of size or placement.

The signage identifies the site and premises at a level which is not considered

unreasonable or unexpected for such a business.

Associated devices and logos with advertisements and advertising structures

The signage does not include any safety devices, platforms, lighting devices or

logos that form an integral part of the sign age or structure.

Illumination

Illumination of the signage can be provided in a subdued manner to remain

sympathetic to the surrounding development pattern.




Safety

The signage is confined within the site and would not obstruct movement, obscure sightlines, or reduce the safety for any public road, pedestrians or

cyclists.

4.2 PROVISIONS OF DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

There are no known draft regional, state or local planning instruments that are

likely to affect the subject land or development.

4.3 PROVISIONS OF DEVELOPMENT CONTROL PLANS

4.3.1 Orange Development Control Plan 2004 - 00 Transitional Provisions - Residential Proximity

Orange DCP 2004 - 00 Transitional Provisions requires certain planning outcomes to be considered where industrial development is proposed near

dwellings or a residential zone.

According to the DCP, industrial development typically has the potential to generate adverse impact on surrounding land and must therefore be designed and operated in a manner that minimises such impacts. This becomes

particularly relevant where industrial land adjoins or is in proximity to

residential land.

For development on land within the IN1 General Industrial and IN2 Light Industrial zones that is within 800m of residential zones or established

dwellings in any zone, the following objectives apply:

• To preserve reasonable levels of residential amenity for existing and future residents.

• To protect the character of residential areas from intrusive or obnoxious development.

The DCP sets certain Planning Outcomes to achieve these objectives. The relevant Planning Outcomes are considered later in Section 4.5. 7 of this report.


Alterations and Additions to Existing Building; Change of Use to Recreation Facility {Indoor); and


4.3.2 Orange Development Control Plan 2004 - 09 Development in the Industry and Employment Zone

Orange Development Control Plan 2004 - 09 Development in the Industry and Employment Zone is applicable to this proposal. The DCP sets certain planning

outcomes for development in the INl Zone. These are considered below.

Planning Outcome 1 - Buildings are setback a minimum of 10 metres from front boundaries (5 metres to a secondary boundary on a corner lot) for lots greater than 1000m2 or 5 metres for lots less than 1,000m2 or otherwise to a setback consistent with existing setbacks in established areas.

The proposal satisfies this Planning Outcome. As indicated in the proposed site plan, the building as altered will retain a front boundary setback of more than

10 metres.

Planning Outcome 2 - Buildings cover up to 50% of the site area (excluding the area of accessways for battleaxe lots)

The existing building has site coverage in the order of 66%. As such, it already

exceeds the 50% site coverage control. The proposed entrance structure will cause site coverage to be exceeded slightly further. However, this minor addition will not exceed the front setback requirement and nor will it adversely

affect operation of the site in terms of parking or vehicle manoeuvring.

Planning Outcome 3 - Landscaping is provided along boundaries fronting roads including trees with an expected mature height at least comparable to the height of buildings on the site. All sites contain an element of landscaping. Landscaping provided is of a bulk, scale and height relative to buildings nearest the front

property boundary so as to provide beautification and visual relief to the built form proposed or existing on the site. The depth of the landscape bed at the site frontage is sufficient to accommodate the spread of plantings that meet the abovementioned outcomes but, where practicable, a minimum depth of 3.Sm is provided. Plantings are designed to provide shade for parking areas, to break up large areas of bitumen, to enhance building preservation and to screen against noise.




It is requested that Council not insist on 3.Sm wide beds along the site frontage

due to the following:

• Landscaping at the front of buildings in this industrial precinct is relatively modest. Whilst the buildings are reasonably set back from the street, the frontages are generally presented as vehicle areas, with some lawn areas

and very few trees or shrubs. The subject land is typical of this pattern.

• The proposal will provide a narrow landscape bed at the site boundary on the northern side of the driveway. Planter boxes are also proposed against the wall of the existing building. The development will result in a general

improvement of the appearance of the site and building.

• To provide a greater amount of landscaping would cause a reduction in the number of car parking spaces within the site.

Planning Outcome 4 - Architectural features are provided to the front building facade to provide relief using such elements as verandahs, display windows, indented walls etc.

The proposed development satisfies this Planning Outcome as explained in this

report at Section 4.5.2 Visual Impacts.

Planning Outcome 5 - External materials consist of non reflective materials.

The proposed development satisfies this Planning Outcome as explained in this

report at Section 4.5.2 Visual Impacts.

Planning Outcome 6 - Adequate parking and on site manoeuvring is provided.

The parking requirements for the development are assessed below under

Section 4.3.3 of this report.

In terms of vehicle manoeuvring, the proposal does not alter the existing arrangements that serve the subject land. Further, the proposed use does not

generally require large vehicles to visit the site and should thus reduce the

incidence of reverse movement to or from Lords Place. Peter Basha




Planning Outcome 7 -Advertising involves business identification signs within the front facade and/or by a pole sign comparable to the relative height to the main building on the site.

The assessment under SEPP 64 provided in Section 4.1.3 of this report

demonstrates that the proposed sign age is satisfactory in terms of the above

Planning Outcome.

Planning Outcome 8 - Security fencing is located or designed in a manner that does not dominate the visual setting of the area.

This Planning Outcome is not relevant as there is no new fencing proposed by

this application.

4.3.3 Orange Development Control Plan 2004 - 15 Car Parking

The DCP provides 2 rates for development of this type as follows:

• 7.5 spaces per 100m2 of GFA for entertainment and recreation facilities (gymnasiums/fitness centres).

• 4 spaces per 100m2 of GFA for health and community services (gymnasium, health and fitness centres).

The RTA Guide to Traffic Generating Development suggests a minimum provision of 4.5 spaces per 100m2 of GFA and a desirable provision of 7.5

spaces per 100m2 of GFA for such development.

It is not clear as to why the above parking rates vary. However, if used, the

parking requirement for the development may range between 51 to 97 spaces,

based on a GFA of 1,293m2•

However, based on the proposed use of the facility, the following summary demonstrates that it would generate a much lower demand for parking than is

indicated in the DCP (and the RTA Guide).




PERIOD CROSSFIT

6am-8am Early Morning Class 1: 6am - 6.45am

Morning 9am-12pm

Daytime 12pm-3pm

Afternoon 3pm-6pm

Evening 6pm-8pm

Weekend

Average 15 people/class 15 parking spaces per class

Class 2: 7am - 7.45am Average 10 people/class 10 parking spaces per class

Class: 9.30am -10.15am Average 10 people/class

YOGA

Nil

STAFF

2 Cross fit 1Admin 2 Cafe

Class: 10.45am - 11.45am 1 Cross fit Average 10 people/class 1 Yoga

10 parking spaces per class 10 parking spaces per class 2 Adm in 3 Cafe

Class 1: 12pm - 12.45pm Class 2: 1pm - 1.45pm


2 Cross fit 1 Yoga

Average 10 people/class 10 parking spaces per class 2 Admin 10 parking spaces per class 3 Cafe

Class: 5pm - 5.45pm Average 10 people/class


1 Cross fit 1 Yoga

10 parking spaces per class 10 parking spaces per class 2 Admin 2Cafe

Class 1: 6pm - 6.45pm Class 2: 7pm - 7 .45pm Average 15 people/class 15 parking spaces per class

Saturday only Class 1: 7am - 7 .45pm Class 2: 9.30am - 10.15am Average 15 people/class

Nil

Saturday and Sunday Class 1: 8am - 9am Class 2: 11am - 12pm Class 3: 2pm - 3pm

15 parking spaces per class Average 10 people/class 10 parking spaces per class


2 Cross fit 1Admin

1 Cross fit 1 Yoga 1Admin 2 Cafe


Business Identification Signage, 52 Lords Place, Orange ---------------------~

Page 23

Referring to the above table, the parking requirements for the facility through typical daily use are summarised as follows:

• Early Morning

15 parking spaces to cater for crossfit Class 1 and 10 parking spaces to

cater for crossfit Class 2 (noting that crossfit class times do not overlap).

3 parking spaces for staff (adopting typical DCP rate of 1 space per 2

employees).

• Morning

10 parking spaces to cater for crossfit and yoga at any one time (noting

that crossfit and yoga class times do not overlap).


employees).

• Daytime




employees).

• Afternoon



3 parking spaces for staff (adopting typical DCP rate of 1 space per 2 employees).

• Evening

15 parking spaces to cater for crossfit (noting that crossfit class times do not overlap).

2 parking spaces for staff (adopting typical DCP rate of 1 space per 2 employees).




• Weekends

15 parking spaces to cater for crossfit and yoga at any one time (noting that crossfit and yoga class times do not overlap).


employees).

Based on the above, the parking demand for typical daily operation would

range between 13 to 18 spaces.

It is requested that Council accept 18 spaces as the peak parking requirement

for the development due to the following:

• The facility operates under a strictly timetabled regime.

• Class sizes are limited.

• Class times do not overlap.

• Council accepted a similar methodology when it approved DA 366/2017 for Homefront Crossfit when the business was proposing to upgrade its current

facility at 3 Barrett Court, Orange.

The parking needs ofthe development are proposed to be met by the provision of 9 off-street parking spaces in conjunction with the on-street parking

opportunities in Lords Place.

It is submitted that the proposed parking arrangements for the development would be satisfactory because the peak demand for parking for the recreation facility will occur outside normal business hours (refer Table below).

Period Parking On site Street Outside normal Requirement spaces spaces business hours

Crossfit: 6am - 6.45am 18 9 14 Yes Crossfit: 7am - 7.45am 13 9 4 No Crossfit: 9.30am -10.lSam 14 9 5 No Yoga: 10.45am -11.45am 14 9 5 No Crossfit: 12pm - 12.45pm 14 9 5 No Crossfit: 1pm - 1.45pm 14 9 5 No Yoga: 2.15pm - 3.15pm 14 9 5 No Yoga: 3.30pm - 4.30pm 14 9 5 No




Period Parking On site Street Outside normal Requirement spaces spaces business hours

Crossfit: 5pm - 5.45pm 13 9 4 No Crossfit: 6pm - 6.45pm 18 9 13 Yes Crossfit: 7pm - 7.45pm 18 9 13 Yes Crossfit: 7am - 7.45pm 13 9 4 Yes Saturday Yoga: 8am -9am 13 9 4 Yes Saturday /Sunday Crossfit: 9.30am -10.lSam 13 9 4 Yes Saturday Yoga: 11am -12pm 13 9 4 Yes Saturday /Sunday Yoga: 2pm - 3pm 13 9 4 Yes Saturday /Sunday

In the circumstances the reliance on street parking resources would be

acceptable due to the following:

• The peak demand for parking will occur outside normal business hours

when there is very little activity in the Lords Place industrial precinct and little to no pressure upon the on-street parking resources.

• The lower demand for parking will occur during normal business hours when the development would typically only require 5 on-street spaces.

• Lords Place is of sufficient width to accommodate on-street parking without disruption to traffic flow.

• The drainage reserve and school grounds that are immediately opposite the subject land in Lords Place do not generate parking pressure on the

street parking resources. Further, many of the existing properties within this industrial precinct provide reasonable off-street parking opportunities

which would assist to ease parking pressures on the street.

• The RTA Guide to Traffic Generating Development (2002) does not oppose on-street parking, provided that it does not adversely affect the amenity of the adjacent area. The potential impacts upon the amenity of the area are

considered below:

The area is an established industrial precinct. As such, on-street parking

would not generate unreasonable impacts in terms of noise or privacy.




- The potential for drivers to park across the driveway of another

property is addressed by the fact that parking laws make it illegal for vehicles to park across a driveway.

- The early morning and evening periods of operation of the recreation facility are outside normal business hours. At these times there is very

little activity in this industrial precinct and little to no pressure upon the

on-street parking resources.

• It should also be noted that 1 participant for every car at all times is an unlikely scenario, particularly as the facility offers a couples package, and some members tend to train with a friend. Therefore it is reasonable to submit that some cars will arrive with more than 1 participant which assist

to reduce parking demand.

4.4 MATTER PRESCRIBED BY THE REGULATIONS

The Environmental Planning and Assessment Regulation 2000 prescribes certain matters that must be considered by Council in determining a

development application. The following information is provided in respect of the relevant prescribed matters:

Demolition of a Building (Clause 92)

Not applicable as the proposal does not involve demolition.

Fire Safety Considerations (Clause 93)

Not applicable. This clause only applies to a development application for a change of building use for an existing building, where the applicant does not

seek the rebuilding, alteration, enlargement or extension of a building.

Buildings to be Upgraded (Clause 94)

Applicable. This clause applies to a development application comprising the

rebuilding, alteration, enlargement or extension of an existing building. In determining the application, Council is to take into consideration whether it would be appropriate to require the existing building to be brought into total or partial conformity with the Building Code of Australia.




Council will require the building to meet BCA (NCC) requirements in regard to fire protection and accessibility. In terms of fire protection measures, where it

is not practical for the building to meet the Deemed-to-Satisfy provisions of the

BCA, an Alternative Solution may be sought. These matters will be addressed as part of the Construction Certificate process.

BASIX Commitments {Clause 97A}

Not applicable to non-residential buildings.

4.5 THE LIKELY IMPACTS OF THE DEVELOPMENT

The potential impacts of the development are considered below.

4.5.1 Traffic Impacts

The proposal would not cause unacceptable traffic impacts. In this regard:

• The present use of the land as a furniture removals and storage business

facility is a well-established component of the traffic regime and appears to have operated to date without unreasonable traffic impacts, noting that most large vehicle movements to or from the premises would require

reverse access onto or from Lords Place.

• In terms of vehicle manoeuvring, the proposal does not alter the existing arrangements that serve the subject land. Further, the proposed use does not generally require large vehicles to visit the site and should thus reduce

the incidence of reverse movement to or from Lords Place.

• In terms of the broader road network, carriageway widths, trafficable lanes, and intersection controls appear satisfactory to carry traffic associated with this industrial precinct. There are no aspects of the road network that indicate it would not be able to accommodate additional traffic generated by the proposed development.

• It is reasonable to submit that any additional traffic generated by this

proposal would integrate reasonably with established traffic levels along the surrounding road network.

• Based on the information provided earlier in this report, the development

will be provided with sufficient parking resources.




4.5.2 Visual Amenity

The visual impacts of the development are considered satisfactory due to the

following:

• The proposal does not increase building bulk and scale.

• The proposal will improve the appearance of the building due to the addition of new glazing in the front elevation and the repainting of the front section in a dark visually recessive colour.

• The proposed carpark and landscaping (albeit modest) will tidy the front section of the site and improve the contribution it makes to the

streetscape.

• The proposed signage scheme is restrained.

4.5.3 Noise impact

The proposed development is not expected to generate unreasonable noise

impacts in the locality due to the following:

• Reasonable separate exists between the site and existing residential development. The nearest residential neighbourhoods are approximately 160 metres to the north and 100 metres to the north west and west.

• The Lords Place industrial precinct forms the intervening area between the subject land and the identified residential neighbourhoods. The ambient

noise levels of the area are defined by the industrial activities associated

with the industrial area as well as by traffic movement along the road

network.

• In this land use context, it is highly unlikely that this proposal would have the net impact of increasing noise impacts upon the identified residential

areas.

• The principal activities of the recreation facility will be confined entirely within the building.

• The recreation facility will not operate during the night time period when

background noise levels are typically lower.




4.5.4 Water Quality

The proposed use does not involve any processes or activities that would

impact on water quality.

4.5.5 Air Quality

The proposal does not involve processes or activities that would affect the neighbourhood in terms of waste, dust, odour or atmospheric discharges.

4.5.6 Waste Management

Wastes generated by the facility will be stored in bins for recycling or for disposal via Council's normal collection service.

The applicant will be required to provide a grease trap and enter into a trade waste agreement in accordance with Council's normal requirements.

4.5.7 Impacts on Surrounding Development

Clause 9.6 of Orange DCP 2004 requires that consideration be given to industrial development where emissions (such as noise or other air emissions)

may potentially affect nearby residentially zoned land (or existing dwellings in

any zone) to ensure that the industry does not adversely affect residential

amenity.

The following assessment relates primarily to the residential neighbourhood that commences to the north of the subject land on the opposite side of the

public reserve. In providing this assessment, it is a reasonable submission that

the amenity of the existing residential area is already characterised by the well

established industrial area that forms the setting of the subject land and development. The following information is provided to address Clause 9.6.

Planning Outcome 1 - The design of industrial and commercial development is consistent or compatible with nearby residential areas in terms of design, siting and landscaping.

The design, siting and landscaping of the development is not expected to adversely affect or have implications in regard to the identified residential

areas.




The interface between the residential areas and the proposed development is non-existent due to the physical separation and by the intervening industrial

development pattern.

Planning Outcome 2 - The hours of operation, traffic and noise generation do not interfere with reasonable expectations of residential amenity.

The proposed development is considered satisfactory as follows:

• No operation is proposed during the night time period.

• The proposed use is not considered to be a noise generating activity.

• Traffic generated by the development remains relatively modest (mostly cars) and will not impact upon the amenity of the identified residential

areas.

Planning Outcome 3 - Noise-generating activities are contained within the building where practicable.

The proposal satisfies this Planning Outcome as explained above in Section 4.5.3.

Planning Outcome 4 - Industrial air conditioning compressors are shielded to direct noise away from residential development.

The separation between the site and the residential areas is such that noise from air conditioning units on the subject land would be undetectable from the

identified residential areas.

Planning Outcome 5 - Car park and security lighting is positioned and shielded to prevent direct light spill onto residential properties.

The potential for site lighting to impact upon the residential areas is considered

minimal due to the physical separation that exists between the subject land

and the identified residential areas. Peter Basha




In any case, new lighting required by the development will be affixed to the building where possible with a reasonably low level of brightness and be

directed downwards to reduce light scatter.

Planning Outcome 6 - Measures to prevent dust, odour and chemical spray from reaching or affecting residential properties must be demonstrated.

There are no aspects of the proposal that would cause unacceptable dust, odour or chemical spray impacts upon the residential area, or indeed other

properties in the precinct.

Planning Outcome 7 - The design must demonstrate how residential privacy and solar access will be maintained.

Due to the physical separation that exists between the site and the residential

areas, the development would not cause adverse impacts in terms of privacy

or solar access.

4.5.8 Crime Prevention

Crime prevention through environmental design (CPTED) seeks to influence

the design of buildings and places to reduce crime opportunities:

CPTED involves the following principles:

• Surveillance

• Access control

• Territorial reinforcement

• Space management

In consideration of the above principles the following information is submitted

for Council's assessment.



Business Identification Signage, 52 Lords Place, Orange Page 32 ·---------=----------------------='-----

Surveillance

The proposed development is considered satisfactory in this regard due to the

following:

• The provision of new glazing in the front and southern elevations of the building will improve passive surveillance between the building and Lords

Place.

• The front setback area maintains an open character and will maintain sightlines.

Access Control

Effective access control would be achieved as follows:

• The main entry point to the building will be clearly depicted.

• Secure doors and locking will be provided along the southern elevation.

Territorial Reinforcement

The proposed development is considered satisfactory in terms of territorial reinforcement. The layout provides clear cues on how the site and building is

to be used. The public areas are obvious.

Space Management

In terms of business success and crime prevention; it is in the interest of the

development for the site to remain well presented; regularly maintained; and

have all lighting systems operating in full.

4.5.9 Social and Economic Impacts

The proposal has the potential to generate positive social and economic effects

due to the following:

• Facilitates the improved function and efficiency of an existing business.

• Encourages health and fitness.

• Improves existing building stock.



Business Identification Signage, 52 Lords Place, Orange ·~----==-------------- Page 33

• Maintains expenditure in Orange due to operational spending.

• Contributes to the role of Orange as a major regional business centre.

The development does not present any negative social impacts. It is submitted

that any negative economic impacts would only be of consequence to the

proponent.

4.6 THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT

There are no physical aspects of the site or premises that would indicate that

it is not suitable for the proposed development.

The site/premises are connected to available urban utility services. Any further

augmentation will be to the requirements of the relevant supply authority.

4.7 SUBMISSIONS IN ACCORDANCE WITH ACT OR REGULATIONS

According to Orange Development Control Plan 2004 - 05 General

Consideration for Zones and Development Council is required to formally

advertise the development application.

The DCP lists recreation facilities as development that must be advertised.

As such, Council will seek and consider any submissions made in respect of the

proposed development.

4.8 THE PUBLIC INTEREST

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

Notwithstanding this, the development if approved would be of benefit to the

local economy as it would facilitate the function of an existing local business

and assist to maintain employment opportunities. In this regard, the proposal

is in the public interest


Section5.0

CONCLUSION

The proposal as submitted could be supported on the following grounds:

• The proposal can be demonstrated to comply with the relevant provisions of

Orange LEP 2011.

• The proposal satisfies the relevant Planning Outcomes contained in Orange DCP 2004.

• The proposal is considered satisfactory in terms of Section 4.15 of the Environmental Planning and Assessment Act, 1979. The potential impacts of the proposal are considered to be acceptable and may be addressed by appropriate

design, responsible management practices and relevant Conditions of Consent.

• The proposal facilitates the on-going and improved operation of a local business in an appropriate location. It may generate some economic spin-offs due to its

potential to be of service to both the local and regional population.

• There are no aspects of the development that warrant refusal.

We trust that this application will be given favourable consideration by Council. Any

further enquiries may be directed to Mr Peter Basha on 6361 2955.

Yours faithfully Peter Basha Planning & Development

Per: PETER BASHA


FIRE SAFETY SCHEDULE

Occupant: Homefront Crossfit Address of Building: 52 Lords Place, Orange - Lot 4 DP 235184 Date: 8 July 2019

Schedule

Fire Safety Measure Design/Installation Minimum Standard of Existing Proposed Standard Performance Installation Installation

Access panels, doors BCA Clause C3.13 BCA Clause C3.13 and hoppers to fire D D resistino shafts Automatic fall safe BCA Part D2 BCA Part D2 D D device Automatic fire BCA Clauses C2.3, E2.2, AS 1670 (2004) detection and alarm G3.8 and Specification AS 3786 (1993), as D D systems E2.2a aoolicable Automatic fire BCA Clauses E.5, C2.3, AS2118.1 (1999) suppression systems C3.11, E2.2, Specification AS 2118.4 (1995) D D C1.1, Parts E2, G3 and AS 2118.6 (1995), as

NSW Part H101 aoolicable Emergency lighting BCA Clauses E4.2 & E4.4 AS 2293.1 (2005) D ~ Emergency lifts BCA Clause E3.4 AS 1735.2 (2001)

D D AS 1735.1 (2003) AS 1735.11 (1986)

Emergency warning BCA Clause E4.9 AS 1670.4 (2004) and and AS 4428.4 (2004) D D intercommunication systems Exit signs BCA Clause E4.5, E4.6 & AS 2293.1 (2005) D ~ E4.8 Fire control centres BCA Clause E1 .8 and BCA Specification E1 .8 D D and rooms Specification E 1.8 Fire dampers BCA Clauses C3.12, AS/NZ 1668 part 1

C3.15, E1 .8, (1998) D D Specification E1 .8, Part E2 and NSW Part H101

Fire doors BCA Clauses C2.13, BCA Specification C3.4 C3.2, C3.3, C3.4, C3.5, AS/NZ 1905.1 (1997) C3.6, C3.7, C3.8, C3.10, (fire doors)

D D C3.11 D2.8, E 1.8, AS 1905.2 (1989) (fire Specification E1 .8, Parts shutters) G3 and NSW H101 AS 1735.11 (1986), as

applicable Fire hydrant systems BCA Clause E1 .3 AS 2419.1 (1994) D ~

Fire Safety Measure Design/Installation Minimum Standard of Existing Proposed Standard Performance Installation Installation

Fire seals protecting BCA Part C3 and BCA Part C3 and openings in fire Specification C1 .1 Specification C 1 . 1 D D resisting components of the building Fire Shutters BCA Clause C3.2 and AS 1905.2 (2005) and

C3.4 Specification C3.4 Fire Wall BCA Clauses C2.7, C2.8 Specification C 1. 1 D D Fire windows BCA Clauses C3.2 & BCA Specification C3.4

C3.4, C3.3, C3.8, C3.11 (Alternate Solution as D D per approved CC 524/2006)

Hose reel systems BCA Clause E1 .4 AS 2441 (1988) D [g] Lightweight BCA Clause C1 .8 & BCA Specifications C 1 . 1 D D construction Specification C 1 . 1 & C1.8 Mechanical air BCA Parts E2, F4 & G3 AS/NZ 1668 .1 ( 1998) handling systems Clauses E1 .8, E2.2, C2.3, BCA Specifications D D 01 .7 and Specification E2.2a, E2.2b, E2.2c and

E1 .8 G3.8 Perimeter vehicle BCA Clauses C2.3 & C2.4 BCA Clauses C2.3 & access for C2.4 D D ernerqencv vehicles Portable fire BCA Clause E1 .6 AS 2444 (2001) D [g] extinguishers Safety curtains in BCA NSW Part H101 BCA NSW Part H101 D D proscenium openings Smoke and heat BCA Clauses C2.3, C2.2 BCA Specification C2.2c vents Parts G3 and NSW Part and AS2665 (2001) D D

H101 Smoke dampers BCA Clauses C2.5, E2.2 AS/NZ 1668.1 (1998) D D Smoke detectors and BCA Clause E2.2 & AS 1670 (2004) heat detectors Specification E2.2a BS 3786 (1993), as D D

applicable Smoke doors BCA Clauses C2.5, C2.14, BCA Specification C3.4 D D 01.7 and 02.6 Solid core doors BCA Clause C3.11 BCA Clause C3.11 D D Stand-by power BCA Clause E1 .8 BCA Specification E1 .8 D D systems BCA Part G3 and G3.8 Wall wetting sprinkler BCA Clauses C3.2, C3.4, BCA Clause C3.4 and and drencher C3.11, BCA Parts G3, AS 2118.2 D D systems NSW Part H101 and

Specification G3.8 Warning and Environmental Planning Environmental Planning

D D operational signs and Assessment Act 1979 and Assessment Act and Regulations 1979 and Regulations

Note: At least once in every twelve (12) month period, the owner of the building is to submit to Council and the NSW Fire Commissioner, a Fire Safety Certificate, in accordance with Clause 177 of the Environmental Planning and Assessment Regulations 2000.

Fire Safety Schedule 2 of 2

Documents

DEVELOPMENT APPLICATION - Orange City Council · The building represents the well-established premises of Davis Removals and Storage, which is a furniture removals and storage business