DUNGOG SHIRE COUNCIL€¦ · Proposal: Farm Building Issues: Farm Building with floor area of 600m2 does not comply with the size provisions in Dungog DCP No.1. Precis The following

DUNGOG SHIRE COUNCIL 11 December 2017 Dear Sir/Madam You are advised that the Ordinary Meeting of Council will be held on Wednesday, 20 December 2017 at 6.00pm in the Council Chambers, Brown Street, Dungog to consider the business as set out below:-

ORDER OF BUSINESS

1. Acknowledgement of Country

2. Apologies

3. Declaration of Interests

4. Confirmation of the Minutes

5. Matters Arising from the Minutes

6. Prayer

7. Ode

8. Mayoral Minute

9. Public Access Session

10. General Manager's Reports by Department requiring Council decision

11. Reports from Committees and Outside Organisations

12. Councillor Reports

13. Notices of Motion

14. Questions With Notice

15. General Managers Reports by Department for Council Information

16. Business of an Urgent Nature which the Council may, by resolution, decide to discuss

17. Closed Council (Confidential Matters)

18. Resumption of Open Council

Yours faithfully

Shaun Chandler A/GENERAL MANAGER

Council's Vision A vibrant, united community, with a sustainable economy. An area where rural character, community safety and lifestyle are preserved.

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Ordinary Meeting of the Council of the Shire of Dungog, to be held Wednesday 20 December 2017 commencing at 6.00pm.

MAYORAL MINUTE

Cr Tracy Norman 1. NSW COUNTRY MAYORS ASSOCIATION EF08/4 Precis: As Councillors are aware, I attended the Annual General Meeting (AGM) and November General Meeting of the NSW Country Mayors Association on 3 November 2017.

********** The group gathers four times a year to discuss matters that are relevant and perhaps unique to rural and regional councils. There were more than 80 mayors and general managers at this meeting. Speakers included Deputy Premier and Minister for Regional NSW, Minister for Skills and Minister for Small Business, John Barilaro, and Minister for Roads, Maritime and Freight, Melinda Pavey. The Country Mayors Association is a strong advocate for regional issues and is a great forum to meet and bring together those councils from around the state that have similar issues. While our membership of Hunter Councils brings considerable benefits to Dungog Shire Council and allows us to collaborate on a regional scale, many of the issues facing a small rural council, such as ours, are not necessarily shared by the other, larger members of this group. By joining Country Mayors, we will have an opportunity to seek out those with similar issues and to add our voice to theirs, and theirs to ours. COMMUNITY STRATEGIC PLAN Strategic Direction Delivery Program 2013-2018

Dungog CSP p 27 - Council will advocate for the communities by actively pursuing constructive relationships with other spheres of government.

8.1 Advocacy

IMPLICATIONS Financial The annual cost of membership is $562.50, and can be sourced from the existing budget for Delegates Expenses - conferences and seminars. Statutory, Consultative, Community There are no statutory, consultative or community implications. RECOMMENDATION That Dungog Shire Council join the Country Mayors Association and maintain an annual membership.

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Ordinary Meeting of the Council of the Shire of Dungog, to be held Wednesday 20 December 2017 commencing 6.00pm.

PLANNING DEPARTMENT MANAGER’S REPORT

Garry Warnes 1. DEVELOPMENT APPLICATION NO. 125/2017 – FARM BUILDING

(MACHINERY SHED) – LOT 2 DP 10748, No. 842 GLEN MARTIN ROAD, GLEN MARTIN DA 125/2017

Development Application No: 125/2017

Owner: Graeme & Michelle Hawke

Applicant: Graeme Hawke

Land: Lot 2 DP10748, No.842 Glen Martin Road, Glen Martin

Current Zone: RU1 Primary Production– LEP 2014

Area: 127.8 hectares

Proposal: Farm Building

Issues: Farm Building with floor area of 600m2 does not comply with the size provisions in Dungog DCP No.1.

Precis

The following report considers Development Application No. 125/2017 which seeks approval for the erection of a farm building at Lot 2 DP 10748 Glen Martin Road, Glen Martin (Development Plans – Annexure ‘A’) which is significantly larger than the 200m2 maximum prescribed for in Council’s DCP.

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The applicant seeks Council’s consent to the erection of a Farm Building of a floor area of 600m2 and 6.458 metres in height on a parcel of land of 127.8 hectares.

Part C Chapter 4 Erection of Rural Sheds of Council’s DCP provides at 4.3 a) the maximum size of sheds on an allotment of land over 3 hectares shall not exceed 200m2, unless the applicant can justify the size exceeding 200m2 on any one property in terms of the use of the shed and land, as well as measures taken to minimise the impact on neighbours and the general area.

The applicant has provided a justification for a 600 m2 shed based upon the need to be able to utilise the site for primary production livestock grazing with the proposed Farm building being a part of key infrastructure to facilitate the day to day running of the farm.

Specifically the use of the shed is identified as being for the following purposes:

Storage of machinery and implements used on the property Storage of feed and grains for livestock Storage of materials to be used on the property , that is,

o Fencingo Irrigationo Power generation

REPORTS BY DEPARTMENT REQUIRING COUNCIL DECISION

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o Workshop o Water/fuel storage

Storage of fire fighting equipment Storage of water derived form runoff from the building for the purposes of fire fighting Storage of diesel fuel for the operation of the plant and equipment required for

primary production Housing solar panels and generation storage for the shed and house as an off grid

arrangement. The applicant’s further submit that the “shed is required to be able to adequately house, protect and allow safe operation of the above. That many other rural sheds in the area are of the same size or greater with the location of the shed being recessed slightly into the hill of the 320 acre 2 km form the nearest road and only visible to one neighbour who lives 2 km further away and would drive past accessing their property once per day there are no concerns for visual street appeal.” (sic) The shed, water storage would be accessible from the road leading through the property should the rural fire brigade be required on site or on neighbouring properties and would therefore be available for their use in emergencies.” An assessment of the Development Application in accordance with the provisions of S 79C of the Environmental Planning and Assessment Act, 1979 (EP&A Act) has been undertaken and it is recommend that Council approve the development application for the proposed farm building subject to conditions as set out in this report. BACKGROUND This application was received by Council on 18 August 2017. The application seeks consent to the approval of a Farm Building with a floor area 600 m2 and 6.458 metres in height and includes information seeking to justify the need for the size of the building insofar as it exceeds the floor area requirements of 200m2 as set out in Part C Chapter4 - Erection of Rural Sheds for sites greater than 3 hectares. Given the size of the Farm Building and it being significantly larger than the 200m2 specified by the DCP the application is referred to Council for determination. SUBJECT SITE The site is a large mainly cleared vacant rural parcel of 127.8 hectares of rectangular shape which is accessed from Glen Martin Road via a private road. The site is separated roughly in half north/south by that private roadway which generally follows the ridge line and continues further to the east to provide access to a dwelling house located on the adjoining property to the east of the subject site. The dwelling house to the east is the nearest adjoining dwelling to the site however, cannot be seen from the subject site. The land is mostly cleared grazing land and is moderately sloping nearest the top of the ridge line but increases in slope the further away it falls from the ridge line. The more steeply sloping terrain slopes north and south of the central east west ridgeline fall to areas containing numerous minor watercourses. These watercourses do not appear on the Riparian Land & Watercourses maps of Dungog LEP 2014. The surrounding locality is best described as being of a rural character (partially cleared grazing lands) with little or no development occupying lots surrounding the property.

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The subject site is mapped as mostly being Bushfire Prone Land including Vegetation Classes 1 & 2 and Vegetation Buffer however the construction of a Farm building does not trigger the requirements for a Bushfire Threat Assessment. Locality plans are provided in Figures 1 & 2 under.

Figure 1: Locality Plan – Lot 2 DP 10748, known as 842 Glen Martin Road, Glen Martin

Figure 2: Aerial Photo – Lot 2 DP 10748, known as 842 Glen Martin Road, Glen Martin

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THE PROPOSAL The proposal involves the levelling of a platform and the erection of a farm building of a total floor area of 600 m2. The proposed Farm building has 450m2 under the main roof with a further 150m2 under an overhung awning which runs the full length of the eastern facade of the building. The building is fully enclosed along its western, southern and northern facades and is open across all of the 5 x 6 metre bays on its eastern facade. The property is set well away from the public road system being some 1.5 kilometres west of Glen Martin Road and is behind the highest part of the ridge line at the shed location and is not visible from any public place, roadway or adjoining residence at this time. The building is proposed to be located some 100 metres from the western boundary (nearest to Glen Martin Road), 600 metres from the southern boundary, some 1200 metres from the eastern boundary and the setback to the northern boundary is some 400 metres. All setbacks meet Council’s rural setback requirements by significant margins. The proposed building will be built from all new materials and is made of modern metal frame and cladding and will be finished in a Colorbond Deep Sea (Deep Blue) tone. Plans of the proposal are attached at Annexure ‘A’. The specific area for the erection of the Farm Building is set on the minor foot slope of the western knoll of the main ridge line that cuts through the site. The siting of the Farm building at this location will not see the building silhouetted against the skyline insofar as the height of the knoll peaks at 233 metres whilst the Farm building is identified as being erected some 5 metres below the 230 metre contour. The lands immediately to the west of the site and nearest the location of the farm building are vegetated, are generally at or about contour levels 220 metres to 230 metres and provide a vegetated back drop to the site of the Farm building when being viewed from the west and obscuring the site when viewed from Glen Martin Road. The height of the shed above ground level is 6.458 metres to the upper ridge line and it is considered the Farm building should not be silhouetted against the skyline given the relative height of the adjoining knoll (to the west) and the established native vegetation located further to the west on higher ground. The site of the Farm building has already been excavated and levelled as has the platform identified as being the location for a future dwelling house (not part of this application). Council will address these potentially unauthorised earthworks as a separate matter. Whilst there could be potential to locate the Farm Building onto the lower margins of the site and further to the east, the middle section of the property is located in a saddle between the two knolls one located to the west the other to the east which exposes this central area to potential viewing from the north and south. The setting in of the Farm building into the toe of the westernmost knoll provides a better opportunity to screen the building from the west by the natural topography of the land, the existing vegetation and the ability to place landscaping on the eastern, northern and southern approaches to the farm building.

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ANNEXURE ‘A’ TO ITEM NO. 1 – MANAGER’S PLANNING REPORT

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lbrighton.dunFile AttachmentMP 1 A.pdf

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Measures taken by the applicant to minimise the impact on neighbours and the surrounding area include, the proposed siting of the shed and the use of non-reflective materials. The siting of the Farm building in the manner proposed enables the erection of a larger shed needed to serve the specific needs of the applicant in a way that compliments the rural character of the landscape and has minimal impact on the scenic qualities of the area. It is considered in addition to the siting and colour choice provided by the applicant for the Farm building that to further enhance the natural and built landscape that appropriate landscaping be required to screen and add scale to the Farm building. See Figure 3 Aerial Photograph Approximate location of proposed Farm building over.

Figure 3: Aerial Photo – Approximate location of proposed Farm building

Figure 4: Photo taken looking north east from Farm building site

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Figure 5: Photo taken looking due east from Farm building site

Figure 6: Photo taken looking east from access roadway to Farm building site

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STATUTORY CONSIDERATIONS Section 79C of the Environmental Planning and Assessment Act (EP&A) stipulates key heads of consideration for the assessment of development applications. The application has been assessed against the relevant heads of consideration (refer to Annexure ‘B’). The main considerations are addressed as follows:

Provisions of any environmental planning instrument. State Environmental Planning Policy No 44—Koala Habitat Protection

The site of the development is a large land parcel and whilst there are areas of vegetation on the site they are scattered and not contiguous.

Council’s mapping (NPWS) does not indicate that the site has been historically known to contain Koalas or their habitat and is not mapped as Potential Koala habitat.

State Environmental Planning Policy No 55—Remediation of Land

The site is not listed in Council’s records as being contaminated lands.

Dungog Local Environmental Plan 2014 Land Use Table Zone RU1 Primary Production 1 Objectives of zone • To encourage sustainable primary industry production by maintaining and enhancing the natural resource base. Comment – The use of the farm building as described in the Statement of Environmental Effects is for storage of farm equipment, feed, fencing material, irrigation equipment, a workshop, water/fuel storage, fire fighting equipment and solar panels and batteries so as to achieve off grid electricity supply. Given the size of the parcel and its intended use for livestock grazing the size of the shed as proposed is considered consistent with this zone objective. • To encourage diversity in primary industry enterprises and systems appropriate for the area. Comment – The use of the farm building as described in the Statement of Environmental Effects does not discourage diversity in primary industry enterprises and systems appropriate for the area. The proposal is considered consistent with this zone objective. • To minimise the fragmentation and alienation of resource lands. Comment – The proposed farm building does not involve the subdivision of land and as such does not cause fragmentation of rural lands or the alienation of any resource lands. • To minimise conflict between land uses within this zone and land uses within adjoining zones. Comment – The subject site is part of a wider area which is predominantly located within Zone RU1 Primary Production and as such will be unlikely to create conflict between land uses in other zones. (Refer Figure 7 over)

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ANNEXURE ‘B’ TO ITEM NO. 1 – MANAGER’S PLANNING REPORT

CONSIDERATION UNDER SECTION 79C The following assessment is based on the matters listed for consideration under Section 79C (1) of the Environmental Planning and Assessment Act, 1979. a) The provisions of:

(i) any environmental planning instrument;

State Environmental Planning Policies 1. State Environmental Planning Policies

(SEPP’s) relevant to this development application. State Environmental Planning Policy No 44 - Koala Habitat Protection State Environmental Planning Policy No 55 - Remediation of Land

The subject site is not known to contain Koala Habitat nor have sightings of Koalas been identified on Council’s mapping system. The subject site is not recorded in Council’s records as being contaminated lands

any draft environmental planning instrument that is or has been placed on

public exhibition and details of which have been notified to the consent authority;

Dungog Local Environmental Plan 2014

1. The site is zoned RU1 Primary Production under LEP 2014.

A farm building is permissible with consent in the RU1 Primary Production zone.

2. Clause 2.3 LEP 2014 sets out the objectives of the RU1 Primary Production zone.

The objectives of the RU1 Primary Production zone are:

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

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

o To minimise the fragmentation and alienation of resource lands.

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

o To provide for recreational and tourist activities that are compatible with the agricultural, environmental and conservation value of the land.

The proposed farm building is consistent with the zone objective/s with regard to the encouraging sustainable primary industry production. Refer detailed assessment in this report.

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• To promote the rural amenity and scenic landscape values of the area and prevent the silhouetting of unsympathetic development on ridgelines.

6.5 Drinking Water Catchments (1) The objective of this clause is to protect drinking water catchments by minimising the adverse impacts of development on the quality and quantity of water entering drinking water storages. (2) This clause applies to land identified as “Drinking water catchment” on the Drinking Water Catchment Map. (3) In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider the following: (a) whether or not the development is likely to have any adverse impact on the quality and quantity of water entering the drinking water storage, having regard to the following: (i) the distance between the development and any waterway that feeds into the drinking water storage, (ii) the on-site use, storage and disposal of any chemicals on the land, (iii) the treatment, storage and disposal of waste water and solid waste generated or used by the development, (b) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development. (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 impact on water quality and flows, or (b) if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to

The subject site is located within the Williams River Drinking Water Catchment. The proposed development is unlikely to have any adverse impact on the quality and quantity of water entering the drinking water storage. The siting of the Farm building is remote from major drainage lines and waterways flowing directly into the drinking Water Catchment. Suitable conditions will be attached to any consent issued to the development to address this issue. Conditions recommended for sedimentation and erosion controls where works require disturbance of the existing vegetation and soil. Refer to above.

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minimise that impact, or (c) if that impact cannot be minimised—the development will be managed to mitigate that impact.

6.10 Williams River catchment (1) The objective of this clause is to protect and improve the environmental quality of the Williams River Catchment. (2) This clause applies to land identified as “Williams River Catchment Area” on the Williams River Catchment Map. (3) Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered whether the development: (a) promotes the sustainable use of land, water, vegetation and other natural resources within the Williams River Catchment, and (b) promotes the protection and improvement of the environmental quality of the Williams River Catchment, and (c) will have any significant adverse impacts on water quality within the Williams River Catchment, and (d) is consistent with the Williams River Catchment Regional Planning Strategy published in September 1997 by the Department of Planning and Environment.

The subject site is located within the Williams River Drinking Water Catchment. The proposed development is unlikely to have any adverse impact on the quality and quantity of water entering the drinking water storage. See also comments for 6.5 above.

(iii) any development control plan;

Dungog Development Control Plan No. 1

1. Part C, Section 3 of DCP No. 1 sets out the general requirements for building line setbacks in the Primary Production RU1 zone. Buildings are required to be set back 140m from a main road and 50m from any side and rear property boundaries.

The proposed shed is setback as follows:

Front (Glen Martin Rd) West – 1500 m

East –1200m

North – 400m

South – 600m.

The proposal complies by significant margins with Council’s adopted building line setbacks with regard to all boundary setbacks.

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2. Part C, Section 4 of the DCP outlines requirements in respect of applications to carry out development for erection of rural sheds. The following is assessment of the proposal in respect to this section of the DCP follows: 4.2 SITING The siting of a rural shed will be chosen to minimise unnecessary disturbance to the natural environment and not be visually prominent or intrude into the skyline. a) Sheds shall be located no closer to

the road than the existing dwelling house on the property, unless the shed meets Council’s building lines policy, or it can be demonstrated that the building must be located differently in order to meet the needs of rural industries;

b) Sheds shall not be erected on land

having a slope in excess of 10 degrees;

c) Cut and fill shall be limited to 2m of

cut and 900mm of fill. 4.3 SIZE For land zoned Primary Production RU1: c) the maximum size of sheds on an allotment of land over 3 hectares shall not exceed 200m2, unless the applicant can justify the size exceeding 200m2 on any one property in terms of the use of the shed and land, as well as measures taken to minimise the impact on neighbours and the general area. 4.4 COLOUR The colour of sheds will enhance the appearance of the structure as an element of the rural character of an area. To achieve this: a) the colour of a rural shed will match

or blend in with those of existing buildings;

There is no existing dwelling on the site however the site of the Farm building has been nominated as being located at a distance beyond the proposed site for the future dwelling house. The siting complies by significant margins the setback requirements of Council’s DCP. The slope of land is less than 10 degrees. Complies The development is of a size and scale that is assessed as acceptable for the rural environment at this location.

The proposed farm building has a floor area of 600 m2 and is considered acceptable based on location, orientation, colour and the landscaping measures proposed. The proposed shed is nominated as being finished in Colorbond Deep Sea (a Deep Blue tone) which is assessed as having a low reflectivity index and considered sympathetic to the rural environment.

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b) on vacant land the colour for rural sheds shall be taken from the natural environment.

c) be non-reflective 4.5 TYPE OF BUILDING MATERIAL To ensure that building materials and external finishes of sheds have no significant impact on the visual qualities of the landscape, the building materials and finishes shall enhance the visual amenity of an area. a) building materials used in the

construction of rural sheds are to be pre-painted and non-reflective;

b) the use of second hand corrugated

iron will be considered subject to the size, height, design and location of the rural shed;

any part of a building below the 1-

100 year flood level is to be constructed of flood compatible materials.

4.6 LANDSCAPING To enhance the natural and built landscape and ensure privacy between neighbours, the use of appropriate landscaping to screen or add scale to rural sheds may be required

The proposed shed is nominated as being finished in Colorbond Deep Sea (a Deep Blue tone) The building materials are new and will be finished in a suitable low reflective colour. No part of the development is located on land subject to the 1:100 year flood event Conditions have been proposed requiring the submission of a landscaping plan so as to demonstrate a reduction in the scale visual impact of the development.

(iiia) any planning agreement that has been entered into under section 93F, or any

draft planning agreement that a developer has offered to enter into under section 93F;

There are no planning agreements or draft planning agreements applying to the land.

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

None are applicable. 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,

The likely impacts of the development have been considered in the main body of this report, there will be some rural and visual amenity impacts but these are not considered significant in this instance.

c) The suitability of the site for the development, For the reasons discussed in the body of this report the subject land is considered suitable for the development.

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d) Any submissions made in accordance with the Act or the regulations, The application was notified to neighbours in accordance with Council’s adopted Policy and no submissions were received.

e) The public interest. There are no public interest considerations which would warrant refusal of the application.

lbrighton.dunFile AttachmentMP 1 B.pdf

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The owners of lands adjoining the site have been notified of the proposal and no submissions were received and as such there is no suggestion of there being land use conflicts in the area. The proposal is considered consistent with this zone objective

Figure 7: Extract Dungog LEP 2014 Subject Site shown red edged

• To provide for recreational and tourist activities that are compatible with the agricultural, environmental and conservation value of the land. Comment – The application is not for recreational or tourist activities. • To promote the rural amenity and scenic landscape values of the area and prevent the silhouetting of unsympathetic development on ridgelines. Comment – The proposed shed building comfortably complies with DCP setback controls for Farm Sheds however the size of the Farm building exceeds the 200m2 maximum size set out in Part C Chapter 4 Erection of Rural Sheds... The siting of the proposed building, its orientation north south on the site, its colour finish and the installation of landscaping on the eastern, northern and southern sides of the building will ensure that the scenic landscape values and rural amenity are not likely to be severely impacted by the development The proposal is considered consistent with this zone objective 3 Permitted with consent The subject site is zoned RU1 Primary Production under the Dungog LEP 2014. Farm buildings are permissible with the consent of Council. Farm buildings are defined as: “farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.”

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The proposed Farm building and its intended use is in conformity with this definition, insofar as it is stated that it is intended to be used to house equipment to maintain the property assets for the purpose of livestock grazing. Part 6 Additional local provisions 6.5 Drinking water catchments & 6.10 Williams River Catchment The subject site is located within the Williams River Drinking Water Catchment. The proposed development is unlikely to have any adverse impact on the quality and quantity of water entering the drinking water storage given its remote location from the main river sources of the catchment. A full assessment of the proposal against clause 6.5 and 6.10 of Dungog LEP 2014 is contained in Annexure ‘B’. 6.6 Riparian land and watercourses The subject land is shown as containing the start of a “watercourse” in the south eastern corner of the site in the Riparian Lands and Watercourses Map of the LEP 2014. The development is not contrary to the provisions of Clause 6.6 Riparian land and watercourses of the LEP 2014 in that the development is located within the northern facing watershed and does not drain to that waterway.

Any development control plan, Dungog Development Control Plan No.1 Dungog Development Control Plan No.1 (DCP No.1) complements Dungog LEP 2014 and sets out Council’s provisions in respect of certain types of development within the Shire. The detailed guidelines are intended to assist in achieving the aims and objectives of Dungog LEP 2014. The relevant sections of DCP No.1 are listed below: Part C – General Section 3 – Building Line Setbacks; Section 4 – Erection of Rural Sheds. A detailed assessment of the proposal has been undertaken in respect to each of the above sections of the DCP No.1 and the following comments are provided: Dungog Development Control Plan No.1 (DCP No.1) Section 3.1

Aims and Objectives To ensure physical separation of buildings and uses between adjoining properties

that may create community conflict. To ensure that the development maintains the character of the locality To enable guidelines for development to be clear and meet community expectation It is considered that the development as proposed is unlikely to generate land use conflict and given its remote location and siting will not create any adverse

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environmental impacts in the area. The erection of a farm building will generally maintain the character of the locality. The development despite it being significantly larger than the maximum floor area set down in the DCP is generally consistent with the intent of the adopted guidelines given the site specific merit considerations outlined in this report. Section 3.2 Building setbacks applicable for the subject land which is within Zone RU1 Primary Production are: Front – 50m from public road; and Side and rear – 50m. The following setbacks are proposed: Boundary Structure Distance (m) Front (private road access to Glen Martin Road) Western Lot Boundary

Farm building 1.5 Kilometres 100

Eastern (rear) Farm building 1200 Northern Farm building 400 Southern Farm building 600

Dungog Development Control Plan No.1 (DCP No.1)

Section 4.2 Siting

This clause provides “It is necessary to integrate rural sheds into the landscape so that they compliment the rural character of the area and are not visually dominant. The siting of a rural shed will be chosen to minimise unnecessary disturbance to the natural environment and not be visually prominent or intrude into the skyline”.

a) Sheds shall be located no closer to the road than the existing dwelling house on the

property, unless the shed meets Council’s building lines policy, or it can be demonstrated that the building must be located differently in order to meet the needs of rural industries;

Comment – The shed is located well away from the road frontage and all other boundaries and there is no dwelling house currently erected on the land. The location of the future dwelling has been identified by the applicant. The pad for the dwelling has already been levelled and is located forward of the site of the proposed farm building. The significant setback distances and the location of the Farm building serve to mitigate the visual prominence of the large building however it’s not able to be observed from a public space, road reserve or any nearby dwelling house currently. A requirement for landscaping to be undertaken as a condition of consent will assist in reducing the overall bulk and scale of the large structure and mitigate any visual impact of the development in the future..

b) Sheds shall not be erected on land having a slope in excess of 10 degrees; Comment – Development Complies

c) Cut shall be limited to 2m of cut and 900mm of fill.

Comment – Complies.

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Section 4.3 Size of Rural Sheds This clause seeks to regulate the size of sheds “to ensure that the rural shed does not dominate the landscape, or intrude into the skyline due to bulk, the size of the shed will be linked to the proposed use of the shed, the use of the land and the size of the property”. Pursuant to the clause 4.3 a) the maximum size of sheds on an allotment of land over 3 hectares shall not exceed 200m2, unless the applicant can justify the size exceeding 200m2 on any one property in terms of the use of the shed and land, as well as measures taken to minimise the impact on neighbours and the general area. The applicant have provided justification in the Statement of Environmental Effects to support the need for erection and use of a Farm building of 600m2 related to his intended use of the large land holding (grazing). It is considered that the justification has merit for the following reasons: The farm building location has purposely been selected as to not be silhouetted

on a ridge line and does not require the removal of any vegetation

The development will be located as to be below the natural ridge line, preventing the structure to be the dominant feature looking into the site from Glen Martin Road or from the east, north and south from any future dwellings.

The shed is to be constructed of pre coloured Colorbond sheeting in Deep Sea (Deep Blue) tone, a low reflective colour which is considered not to be obtrusive in the landscape

The siting of the structure will minimise its scale and disturbance to the natural environment, while preserving the rural characteristics of the area

While the farm building will exceed the recommended scale as per the DCP, it is of a size necessary to store equipment that will be used to maintain this large holding and manage the agricultural activity on the site

Sheds of this size are not uncommon on large rural holdings being used for larger scale agricultural activities with the need to store large items of machinery used on the land

The development will allow for the storage of agricultural machinery in a secure location in close proximity to the future dwelling

The proposed size of the shed is a reflection of the applicant’s needs for storage

of valuable assets needed to operate the property as a livestock enterprise. It is considered that landscaping located to the east, north and south of the Farm building will further assist in reducing the scale of the building within the landscape and maintain the visual catchment of the area for the future. Conditions have been included in the draft conditions to require the landscaping to be installed and maintained for the life of the development.

Section 4.4 Colour The proposal is for the farm building to be finished in Colorbond sheeting in Deep Sea (Deep Blue) which is considered to be compatible with the rural environment.

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Section 4.5 Type of Building Material The building is composed of new materials predominately of metal construction with sheet cladding which is typical of farm buildings throughout Dungog Local Government Area. This form of development in the rural environment is considered a predictable and appropriate type of development for the rural zone. Section 4.6 Landscaping

This Clause seeks to enhance the natural and built landscape and ensure privacy between neighbours by the use of appropriate landscaping to screen or add scale to rural sheds as may be required where the application seeks a variation to Council’s Setback requirements. Landscaping requirements are usually applied to sheds proposed in highly visible locations and while in this case the proposed shed is not highly visible at the moment, there is a potential for future dwellings to locate to the north and south of the site which may have unobstructed views to the shed in the future and for this reason some strategically placed landscaping would serve to further assist in breaking up of the scale of the shed and improve its overall aesthetics. In the event that landscaping is required the following principles apply:- a) Plantings are to be a mix of trees, shrubs and ground cover; b) Trees shall include trees that at maturity have a height above the ridgeline of the shed; c) Shrub mass shall provide adequate screening; d) Plants chosen are native and are to be endemic to the area. In this matter it is considered appropriate that landscaping be provided near to the proposed development to reduce the scale of the building within the landscape. A condition requiring a landscaping plan to be lodged and approved by Council will be attached to any development consent issued.

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

The subject property is considered to be suitable for rural development including dwellings and sheds. The proposed Farm building is of a size compatible with the intended use of the building, the relative size of the property, its likely limited visual impacts. The visual appearance of this proposed Farm building and its overall bulk and scale has been discussed within other sections of this report and while it does exceed the floor area limitations with sensitive landscaping it will an acceptable level of visual impact.

The suitability of the site for the development, The subject site is not identified as being subject to any physical limitations for development. The proposed development is not located on a ridgeline and therefore should not be silhouetted against the skyline and is considered unlikely to be visually prominent in the area Any submissions made in accordance with this Act or the regulations, The development application was subject to the notification requirements of Council’s Neighbour Notification Policy. No submissions were received.

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The public interest. The proposal is considered to be generally in the public interest supporting agricultural activities in the Shire. CONCLUSION This development application for the proposed Farm building has been assessed having regard to relevant matters of Section 79(C) 1 of the EP&A Act, including the provisions of Dungog LEP 2014 and Dungog DCP No.1. The proposed shed satisfies Section 3 – Building Line Setbacks and the principles of Section 4 - Erection of Rural Sheds in terms of meeting the objectives of the standards notwithstanding its floor area. The proposal also satisfies the objectives of the RU1 Primary Production zone of Dungog LEP 2014 in terms of visual impact and rural amenity. The size of the proposed Farm Building is considered justifiable based upon the size of the holding and its intended use for Livestock grazing. Approval of the application is supported subject to conditions. OFFICERS RECOMMENDATION That the proposed farm building at Lot 2 DP 10748 Glen Martin Road, Glen Martin be approved subject to the following conditions: Prescribed Conditions 1. The work must be carried out in accordance with the requirements of the Building Code of Australia. 2. A sign must be erected in a prominent position on any site on which building work,

subdivision work or demolition work is being carried out:

(i) showing the name, address and telephone number of the Principal Certifying Authority for the work, and

(ii) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(iii) stating that unauthorised entry to the work site is prohibited.

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

3. If the development involves an excavation that extends below the level of the base of

the footings of a building on adjoining land, the person having the benefit of the development consent must, at the

a. protect and support the adjoining premises from possible damage from

excavation, and

b. where necessary, underpin the adjoining premises to prevent any such damage.

This does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

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General 4. This development consent incorporates plans/and or documents referenced and stamped:

(a) Plans Reference:

Document Reference Author Date Site Location Elevation - Applicant - Site Location Plan (Aerial Photograph)

- Applicant -

Detailed Site Location (Aerial Photograph)

- Applicant -

Oblique Aerial Photograph

- Applicant -

Slope Diagram (Aerial Photograph)

- Applicant -

Sheet 1 of 8 End Elevations

Job 302466 Best Sheds 12-10-2016

Sheet 2 of 8 Side Elevations

Job 302466 Best Sheds 12-10-2016

Page 3 of 8 End Frame Elevations

Job 302466 Best Sheds 12-10-2016

Sheet 4 of 8 Side Frame Elevations

Job 302466 Best Sheds 12-10-2016

Sheet 5 of 8 Cross Section

Job 302466 Best Sheds 12-10-2016

Sheet 6 of 8 Floor Plan

Job 302466 Best Sheds 12-10-2016

Sheet 7 of 8 Connection Details 1

Job 302466 Best Sheds 12-10-2016

Sheet 8 of 8 Connection Details 2

Job 302466 Best Sheds 12-10-2016

(b) Document Reference:

Document Reference Author Date Statement of Environmental Effects

N/A Applicant 16-8-2017

Accompanying Letter N/A Applicant - Engineering Schedule Page 1 of 3

N/A Best Sheds 17-10-2016

Engineering Schedule Page 2 of 3


Engineering Schedule Page 3 of 3


5. The development shall be undertaken in accordance with the approved plans and any amendments as shown in red on the plans by Council. 6. The farm building shall not be adapted nor used for habitable, commercial or industrial purposes without the prior written consent of Council.

Note – Use of a shed/garage or the like, as a dwelling for either part time or a permanent basis, is an offence under the provisions of the Environmental Planning & Assessment Act. Such breaches will result in a Penalty Infringement Notice and the issuing of Orders to vacate/cease the unauthorised use of the building.

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7. Roof water from the farm building shall be conducted to a suitable water storage tank. All overflow from roof water tank shall be piped clear of building foundations, dispersed by way of a minimum 1.2 m long level spreader located at ground level parallel to the existing contours and a minimum 3m clear of any boundaries, in such a manner so as not cause nuisance to adjacent properties.

8. The colour of the rainwater tank is to be chosen to match that of the Farm building to ensure it blends into the natural surroundings. In this regard, non-reflective materials shall be used in all external finishes.

9. The external finishes of the metal roof and wall construction shall be of Colorbond

Deep Sea (Deep Blue) a colour as set out and shown in the Statement of Environmental Effects prepared by the applicant dated August 2017.

10. Any servicing and repairs of farm machinery/vehicles or farm machinery/vehicle parts

must be conducted in a covered and bunded area. No repairs of a type where oil, chemicals, or fuels may leak or escape as part of the repair or maintenance procedures are to be undertaken outside of the bunded area of the Farm Building.

11. All refuelling and handling/storage of chemicals used on the farm are to be

undertaken within the bunded area of the Farm building

Prior to Commencement of Works

12. Prior to the commencement of work for the construction of the building, it will be necessary to obtain a Construction Certificate. Where Council is not the Principal Certifying Authority (PCA), the proponent or private certifier shall submit a Construction Certificate to Council prior to building works commencing on the subject allotment. 13. Plans showing the extent of excavation and or filling together with details of the

methods of retaining, draining and stabilising the disturbed areas shall be submitted to Council for approval. Note a maximum cut of 2 metres and a maximum depth of fill of 900 millimetres shall apply to this development

During Construction 14. There is to be no construction and/or demolition works, including deliveries on or to the site prior to 7.00 am or after 6.00 pm Monday to Friday, prior to 8.00 am and after 6.00 pm Saturday, and prior to 9.00 am and after 4.00 pm Sunday. 15. Approved toilet facilities are to be provided, at or in the vicinity of the work site on

which the work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every twenty (20) persons employed at the site.

The provision of toilet facilities in accordance with the Condition must be completed before any other work is commenced.

16. A waste containment facility to Council's requirements is to be provided on the

building site immediately after the first concrete pour for the building and is to be regularly serviced.

Council and the Environmental Protection Authority may issue "on the spot" fines if breaches of the Environmental Offences and Penalties Act, are detected. Note - your attention is drawn to your responsibility to control any litter arising from building works associated with this consent.

17. Measures shall be implemented to prevent vehicles tracking sediment, debris, soil

and other pollutants onto any road.

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18. ALL EXCAVATED OR FILLED AREAS are to be BATTERED to a slope of not greater than 45 degrees to the horizontal, or alternatively, be retained by a retaining wall. Where the height of the retaining wall exceeds 1000mm, duplicate copies of structural details, prepared by a practicing Structural Engineer, are to be submitted to and approved by the Principle Certifying Authority prior to their construction. All excavated and filled areas are to be drained to the satisfaction of Council

19. To minimise soil erosion during construction, the owner and builder shall ensure that the following measures are implemented in the sequence outlined:-

(i) A dish shaped diversion drain or similar structure will be constructed above

the proposed house site to divert run-off to a stable discharge area such as an area with a grass cover. (This diversion drain is to be lined with turf or otherwise stabilised if it erodes after rainfall).

(ii) A sediment trapping fence using a geotextile fabric specifically designed for such a purpose and installed to manufacturer's specifications is to be placed below the construction area (eg "silt stop").

(iii) Vegetation is to be cleared from the construction site only; other areas are to remain undisturbed.

(iv) Top soil from the construction site or builders sand is to be stockpiled in a location where it will not be eroded from the site, and is not to be stockpiled on the road reserve.

(v) All erosion control measures will require maintenance after rainfall. They should be retained until the site has fully revegetated.

(vi) If soil or other materials are spilt accidentally onto the road or gutter, they shall be removed prior to the completion of the day's work.

All erosion and sedimentation controls are to be installed in accordance with Council's erosion and sedimentation control policy and code of practice. Failure to implement and maintain all erosion and sedimentation control measures is a breach of the Protection of the Environment Operations Act 1997 and is liable to an on-the-spot fine.

20. ALL BUILDING MATERIALS, plant and equipment is to be placed ON THE

BUILDING SITE. Building materials, plant and equipment (including water closets), are not to be placed on footpaths, roadways, public reserves etc.

Prior to Issue of Occupation Certificate or Use of the building 21. The building shall NOT BE USED OR OCCUPIED until completed and conditions of

consent have been complied with and an Occupation Certificate has been issued. 22. Prior to the release of any occupation certificate all roof water from the building shall

be conducted to the approved disposal system as prescribed by the conditions of this consent.

23. Submission to and approval by Council of a detailed landscape plan, this plan shall

show landscaping to be located immediately to the east, north and south of the Farm building so as to reduce its scale in the landscape.

24. All landscaping as approved by Council shall be installed and maintained for the life

of the development.

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Jenny Webb 2. SECTION 96 MODIFICATION – LOT 83 DP 1183633 NO. 15 RENS STREET, DUNGOG DA 91/2016 Development Application No. 91/2016 (Modification No 2) Owner: Mr F N & Mrs S L Cowley Applicant: Mrs S Cowley Land: Lot 83 DP 1183633 No 15 Rens Street, Dungog Current Zone: R1 General Residential Area: 857 m² Proposal: Modification to permit the staging of

development consent for a relocated dwelling and associated works.

Issue: Staging of Development Precis: The following report considers an application under Section 96(1A) of the Environmental Planning and Assessment Act 1979 (EP&A Act) to modify development consent No 91/2016 for the relocation of a dwelling, including alterations and additions at No 15 Rens Street, Dungog. Specifically, the modification seeks to separate the development into two stages, which would enable an interim Occupation Certificate to be issued for the relocated dwelling, prior to completing all the alterations and additions. INTRODUCTION An application under Section 96(1A) of the EP&A Act has been lodged to modify development consent No 91/2016 for the relocation of a dwelling, including alterations and additions at No 15 Rens Street, Dungog. The original development consent was determined under delegation in September 2016 although an application to modify the design was reported to Council in April 2017 due to a proposed non compliance with the building height plane as detailed in Dungog Shire Council’s Development Control Plan. The modification was approved, in line with the staff recommendation. A second application has now been made to modify the consent to enable the development to be staged. The purpose of staging the development is to enable an Interim Occupation Certificate to be issued for the relocated dwelling without completing all of the approved works. Council officers have undertaken the assessment of the development application in accordance with the provisions of the Environmental Planning and Assessment Act, 1979 (EP&A Act) and recommend that Council refuse the application to modify Development Consent No 91/2016. BACKGROUND Development consent was granted on 16 September 2016 for the relocation of an

existing dwelling to No 15 Rens Street, Dungog. The development also incorporated the addition of a porch, decks and a carport.

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The dwelling was relocated to the site in December 2016 and it was identified that the dwelling had been placed on the site with a higher floor level than identified on the approved plans.

The finished floor level of the dwelling was shown on the approved plans as being RL

69.3 with a survey of the relocated dwelling confirming that it had been placed on the site with a finished floor level of 70.23, being 930 mm higher than approved.

In February 2017, the owner prepared an application to modify the development consent,

seeking to gain approval for the new floor level. This application also included design changes including new roof cladding, roof extension and carport to improve the appearance of the dwelling.

All work ceased pending the outcome of the application to modify the consent and the

dwelling remained on the site in an unfinished state. This resulted in a number of representations from the public in relation to the standard of the development.

Council approved the modification in April 2017 and a modified Construction Certificate

was issued. In September 2017, the owner made an enquiry to Council in relation to modifying the

Construction Certificate to enable the development to be staged. The owner was advised that the merit of the application was assessed as a whole development/building and that the staging of the development through the Construction Certificate was not appropriate. The owner was also advised that the staging of the development had the potential to not achieve the approved aesthetic outcome for the development.

The subject application to modify the consent to permit the staging was received by

Council in October 2017. SUBJECT SITE The site has an area of 857 m² and is located on the southern side of Rens Street. The land has slight fall toward Rens Street and slopes more significantly to the east. Residential land with single dwelling houses adjoins the property to the east, south and west, with vacant land being located opposite the site on Rens Street. The site does not contain any significant vegetation and is not mapped as being bushfire prone or affected by the 1 in 100 year flood level. A locality plan is provided in Figure 1 below.

Figure 1: Locality Plan

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PROPOSAL The approved development incorporates the relocation of the dwelling to the site, the construction of a new front porch, extension of the roof to cover a new deck and the provision of a carport located underneath the deck. The current application seeks to modify the approval to enable the development to be completed in two stages. The approved street elevation is shown in Figure 2 below. A representation of proposed Stage 1 is shown in Figure 3.

Figure 2: Approved Elevation (at completion of proposed Stage 1 and Stage 2)

Figure 3: Representation of Proposed Stage 1

The proposed staging comprises the following works: Stage 1 Upgrade all windows to aluminium Minor alteration to the bathroom layout Construct a single carport (as complying development) at the rear of the site to provide

an undercover car parking space Install a double vehicular access crossing rather than a single driveway crossing. Construct a 1 m x 4 m timber balcony on the east elevation Custom Orb cladding to sub floor on eastern elevation Modify the previously imposed landscaping along the front/street elevation.

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The front porch would still be constructed as part of Stage 1 and the previous tiled roof has been replaces with new metal sheeting. Stage 2

Construct full deck on eastern elevation Construct carport under deck area Complete roofing over new deck

With the exception of the replacement of the windows and the construction of a new front porch and carport at the rear of the site, Stage 1 of the development would essentially enable the dwelling to remain on the site as it currently stands. The application states that the purpose of the staging is to complete all aspects of Stage 1 to a high standard and within budget with the benefit of an earlier completion date to obtain an Occupation Certificate. Photographs of the dwelling on the site are provided in Figures 4, 5 and 6 below. A copy of the staging plans are attached at Annexure ‘C’.

Figure 4: Relocated Dwelling at 15 Rens Street, Dungog

Figure 5: The subject site (middle) showing relationship to adjoining dwellings

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ANNEXURE ‘C’ TO ITEM NO. 2 – MANAGER PLANNING’S REPORT

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lbrighton.dunFile AttachmentMP 2 C.pdf

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Figure 6: The subject site (middle) showing relationship to adjoining dwellings

STATUTORY CONSIDERATIONS Section 96 – Modification of Consents In accordance with Section 96(1A) of the EP&A Act, the consent authority may modify a development consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and Comment: The proposed modification is of minimal environmental impact, with the only impact being the visual impact of Stage 1.

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

Comment: The proposed development is considered to be substantially the same development as originally approved, provided that both stages are completed. However, there is limited means for the completion of Stage 2 to be enforced.

(c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

Comment: The application to modify the consent was neighbour notified between 1 November 2017 and 16 November 2017 in accordance with Council’s DCP.

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Comment: No submissions were received during the neighbour notification period. Section 96(3) of the EP&A Act requires that, in determining an application for modification of a consent, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application. The proposed modification has been assessed against the relevant heads of consideration under section 79C (1) (refer to Annexure ‘D’). The main considerations are addressed as follows:

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ANNEXURE ‘D’ TO ITEM NO. 2 – MANAGER PLANNINGS REPORT

CONSIDERATION UNDER SECTION 79C The following assessment is based on the matters listed for consideration under Section 79C(1) of the Environmental Planning and Assessment Act, 1979. a) The provisions of:

(i) any environmental planning instrument;

Dungog Local Environmental Plan 2014 1. The site is zone R1 General

Residential under Dungog Local Environmental Plan 2014.

Dwelling houses are listed as being permissible with consent in the R1 zone.

2. The objectives of the R1 zone are: To provide for the housing needs

of the community. To provide for a variety of housing

types and densities. To enable other land uses that

provide facilities or services to meet the day to day needs of residents.

To allow a mix of community, service and employment activities that are compatible in scale and impact with a residential environment.

Single dwelling house is proposed. Single dwelling house which has been relocated provides variety in dwelling types. N/A N/A

3. 6.4 Stormwater management (1) The objective of this clause is to minimise the impacts of urban stormwater on land to which this clause applies and on adjoining properties, native bushland and receiving waters. (2) This clause applies to all land in residential, business and industrial zones. (3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development: (a) is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting on-site infiltration of water, and (b) includes, if practicable, on-site stormwater retention for use as an alternative supply to mains water, groundwater or river water, and (c) avoids any significant adverse impacts of stormwater runoff on adjoining properties, native bushland

Building/hardstand is small compared to overall size of land. The incorporation of the carport under the deck reduces overall hardstand on the site compared to the approved design. Mains water supply is available although a rainwater tank can be incorporated into the design.

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and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.

Stormwater to be discharged to existing pit and easement.

4. 6.5 Drinking water catchments (1) The objective of this clause is to protect drinking water catchments by minimising the adverse impacts of development on the quality and quantity of water entering drinking water storages. (2) This clause applies to land identified as “Drinking water catchment” on the Drinking Water Catchment Map. (3) In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider the following: (a) whether or not the development is likely to have any adverse impact on the quality and quantity of water entering the drinking water storage, having regard to the following: (i) the distance between the development and any waterway that feeds into the drinking water storage, (ii) the on-site use, storage and disposal of any chemicals on the land, (iii) the treatment, storage and disposal of waste water and solid waste generated or used by the development, (b) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development. (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 impact on water quality and flows, or (b) if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or (c) if that impact cannot be minimised—the development will be managed to mitigate that impact.

The site is not located in the vicinity of any waterways. Only residential uses anticipated to occur on the site. Dwelling to be connected to sewerage system. Council waste collection is also available for general waste. No specific measures, other than soil and erosion control during construction phase are required. No adverse impact on water quality is expected.

5. 6.8 Essential services (1) This clause applies to land in Zone RU5 Village or Zone R1 General Residential. (2) Development consent must not be granted to development on land to

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which this clause applies 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: (a) the supply of water, (b) the supply of electricity, (c) the disposal and management of sewage, (d) stormwater drainage or on-site conservation, (e) suitable vehicular access.

Water, Sewerage, electrify, stormwater and vehicular access are all available to the site.

6. 6.10 Williams River catchment (1) The objective of this clause is to protect and improve the environmental quality of the Williams River Catchment. (2) This clause applies to land identified as “Williams River Catchment Area” on the Williams River Catchment Map. (3) Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered whether the development: (a) promotes the sustainable use of land, water, vegetation and other natural resources within the Williams River Catchment, and (b) promotes the protection and improvement of the environmental quality of the Williams River Catchment, and (c) will have any significant adverse impacts on water quality within the Williams River Catchment, and (d) is consistent with the Williams River Catchment Regional Planning Strategy published in September 1997 by the Department of Planning and Environment.

The development does not propose vegetation removal, requires minimal earthworks and is unlikely to adversely affect the Williams River Catchment. Erosion and sedimentation controls to be incorporated during the construction phase. No adverse impacts expected. A dwelling house located on residential land, which is connected to the reticulated sewerage system is considered suitable for site.

(ii) any draft environmental planning instrument that is or has been placed on

public exhibition and details of which have been notified to the consent authority;

There are no draft environmental planning instruments applying to this land or development proposal.

(iii) any development control plan;

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Dungog Development Control Plan No. 1

1. Part C Section 1 Residential Development sets out provisions for residential development. 1.2 Building height plane Building height planes extend vertically from natural ground level at 1.8m and projected from that point 45 degrees to the centre of the lot, the height plane at any point inside the envelope shall not exceed 9m above the natural ground level. 1.3 Setbacks See Section 3 below 1.4 Water Supply Where the land is serviced by Council's reticulated water supply the development shall be connected to the service at the applicant’s expense. 1.5 Sewerage Where that land is serviced by Council's reticulated sewer, the development is to be connected to the service at the applicant’s expense. 1.6 Property Access Access to residential properties is to also include a vehicular footpath crossing between the edge of bitumen and property boundary (with pavement thickness minimum 150mm and bitumen sealed 3m wide including turnouts). 1.7 Property Identification Rural properties are required to ensure that satisfactory arrangements have been made with Council for the supply and erection of a property identification number in accordance with Council's Rural Addressing Program.

The proposed staging does not modify the height of the dwelling. A minor variation to the building height plane, has previously been approved. Complies. The plans have been stamped by Hunter Water and will require connection to the Hunter Water Infrastructure for reticulated water supply. The plans have been stamped by Hunter Water and will require connection to Hunter Water’s reticulated sewerage system. A condition is imposed which requires the construction of a vehicle access crossing and a requirement to obtain approval from Council under s138 of the Roads Act. Through this process Council can ensure the driveway meets the necessary standard. N/A

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1.8 Energy Efficiency Energy efficient buildings should be designed to maximise the solar access of the property. Buildings should have living areas facing north and bedrooms facing south, provide cross flow ventilation in all directions by placing windows in suitable locations, concrete slabs placed directly on the ground and internal masonry walls with direct sunlight provide thermal mass for heating qualities. 1.9 Building Compliance All building work is to meet compliance with the Building Code of Australia, and the associated standards adopted by the BCA. 1.10 Bush Fire Prone Land In the event that is identified as being bush fire prone the development must meet the requirements of Planning for Bush Fire Protection. A Bushfire Assessment must be provided by the applicant that complies with the requirements of Planning for Bushfire Protection. 1.11 Ancillary Development - Studios Council may consider an application to construct a studio on rural property where it can be demonstrated that the studio is required by the owner of the land to carry out a particular activity that cannot be carried out by its nature within the residential house. Studios shall not contain a kitchen nor be capable of separate habitation. 1.12 Development In Rural Zones Development in Rural Zones must address the criteria in Part 4 Rezoning and Development in Rural Zones.

It is noted that Council’s Energy Efficiency DCP has been repealed. The development has a north facing lounge room and east facing deck and living areas. Bedrooms are southern and western facing. Design allows for cross flow ventilation. Prescribed condition of consent and must be demonstrated prior to issue of Construction Certificate. N/A – site is not identified as bushfire prone land. N/A N/A

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1.13 Residential Garages Within the Residential 2(a) and Village 2(v) zone the enclosed floor area of a detached garage shall be a maximum of 4 bays (3m x 7m = 84m2).

An undercover carport is proposed. For Stage 1, this would be subject to a separate Complying Development Certificate or if approved, plans provided to form part of CC.

2. Part C, Section 3 Building Line Setbacks of DCP No. 1 sets out the general requirements for building line setbacks in the R1 General Residential (i.e. former Residential 2(a) zone) Front: 6 m single storey; 7.6 m double storey Rear: 900 mm; 1500 mm double storey Sides: 900 mm; 1500mm double storey

7.6 m 20 m 1.5 m and 5 m

3. Part C Section 20 – Off Street Parking 1 space per dwelling. At least 1 space per dwelling to be undercover.

Carport proposed as part of Stage 2 only.

(iiia) any planning agreement that has been entered into under section 93F, or any

draft planning agreement that a developer has offered to enter into under section 93F;

There are no planning agreements or draft planning agreements applying to the

land.

(v) the regulations (to the extent that they prescribe matters for the purposes of this paragraph);

Not applicable.

(vi) (v) any coastal zone management plan (within the meaning of the Coastal

Protection Act 1979);

Not applicable. f) The likely impacts of that development, including environmental impacts on both

the natural and built environments, and social and economic impacts in the locality,

The likely impacts of the development have been considered in the main body of this report.

g) The suitability of the site for the development,

The key issues associated with the proposed development relate to the visual impact on the streetscape and adjoining properties. These issues have been addressed previously in the report under the provisions of the DCP.

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h) Any submissions made in accordance with the Act or the regulations, No submissions were received during the neighbour notification period for this section 96 modification. During the neighbour notification period of the original development application, one submission was received.

i) The public interest.

Following the relocation of the dwelling to the site, Council received three written submissions primarily regarding the visual impact and quality of the development.

lbrighton.dunFile AttachmentMP 2 D.pdf

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(a)(i) Provisions of any environmental planning instrument State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 BASIX aims to encourage sustainable residential development, although is not applicable to relocated dwellings. A BASIX Certificate is therefore not required. Dungog Local Environmental Plan 2014 The following clauses of Dungog LEP 2014 apply to the development: Land Use Table The site is zoned R1 General Residential under Dungog LEP 2014 and dwelling houses are listed as being permissible with development consent. 6.4 Stormwater management The objective of this clause is to minimise the impacts of urban stormwater on land to which this clause applies and on adjoining properties, native bushland and receiving waters. Stormwater is proposed to be directed to an existing stormwater pit toward the rear of the property and discharged via the existing easement to drain water. No changes are proposed as a result of the staging. 6.5 Drinking Water Catchments and Clause 6.10 Williams River catchment The subject site is located within the Williams River Drinking Water Catchment. Connection to the reticulated sewerage system is available and the nature of the development, being a residential dwelling, is unlikely to have any adverse impact on the quality and quantity of water entering the drinking water storage. No changes are proposed as a result of the staging. 6.8 Essential services Development consent must not be granted to development in the R1 General Residential zone on land to which this clause applies 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: (a) the supply of water, (b) the supply of electricity, (c) the disposal and management of sewage, (d) stormwater drainage or on-site conservation, (e) suitable vehicular access. The site can connect to Hunter Water’s infrastructure for water and sewer management and electricity is available. Stormwater is to be disposed of to an existing easement at the rear of the property and suitable vehicular access is available from Rens Street. No changes are proposed as a result of the staging. (a)(iii) Any development control plan Dungog Development Control Plan No 1 Development Control Plan No 1 applies to the proposed development, with the relevant sections listed below:

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Part C – General Section 1 – Residential Development; Section 3 – Building Line Setbacks Section 20 – Off Street Parking Section 1 – Residential Development Section 1.1 Aim The staging of the development would permit an Interim Occupation Certificate to be issued and for the dwelling to be occupied prior to the completion of Stage 2. There would be limited means for Council to enforce the completion of Stage 2 and the dwelling could remain occupied in its unfinished form indefinitely. Therefore, consideration needs to be given as to whether the completion of only Stage 1 of the development would satisfy the aims of the DCP. The DCP sets the aims for residential dwellings within the Shire, as follows (emphasis added):

To promote residential development, including tourist accommodation, which is of a high design standard and which is sensitive to and enhances the physical environment and the social fabric particular to Dungog Shire.

To accommodate a variety of residential forms to reflect the growing diversity of

household types and incomes, lifestyles and tourist needs.

To encourage infill residential development which is compatible with the existing character and which enhances its surroundings.

To optimise the provision of infrastructure services in the most efficient and effective

manner.

To ensure adequate access for the disabled, particularly to medium density and non private residential accommodation.

To provide clear guidelines for residential development in the Dungog Local

Government Area

To ensure that residential development does not adversely effect the amenity of the locality

To ensure that residential development meets the expectations of the

community and provides health and safety in housing.

To ensure that development is in keeping with adjacent and surrounding properties and does not detract from development in the locality

To encourage energy efficient design in residential development

The aims listed above in bold may not be met if only Stage 1 of the development is completed. Section 1.2 Building Height Plane The previous modification to the development resulted in a variation to the building height plane specified in section 1.2 of the DCP. The DCP states that building height planes in residential zones are to comply with an envelope that extends vertically from natural ground level at 1.8m and projected from that point 45 degrees to the centre of the lot, the height plane at any point inside the envelope shall not exceed 9 m above the natural ground level.

B: 24


A minor variation to the building height plane was proposed along the western boundary as part of the previous application to modify the consent. Clause 1.2.1 of the DCP states that exemptions from the building height plane may be considered in the following circumstances:

(a) where clear advantages are achieved in other aspects of the design; (b) on an existing narrow allotment; or (c) where the floor level is required to be significantly above ground level for the purpose

of flood protection in a locality. The variation to the height was approved, having consideration for (a) above. As part the previous application to modify the consent, the increased height allowed for the carport to be located below the deck/dwelling and included a new roof line and a proposal to replace the existing tiles with a new sheet metal roof, which were all considered to be improvements to the original design. However, if the subject application to stage the development is supported, there is no certainty that Stage 2 of the development would ever be completed, in which case, the design benefits, which justified the height variation, would not be fully realised. Section 3 – Building Line Setbacks The following setbacks apply to R1 General Residential zoned land: Front: 6 m single storey; 7.6 m double storey Rear: 900 mm; 1500 mm double storey Sides: 900 mm; 1500 mm double storey In addition to the above, there is a restriction registered on the property title that a 7.6 m front setback is applicable. The development complies with the relevant setbacks, having a 7.6m front setback, 1.5 m and 5 m side setbacks and a 20 m rear setback. Section 20 – Off Street Parking The DCP requires a minimum of 1 car parking space per dwelling, with at least 1 space per dwelling to be undercover. The approved development incorporates a carport under the proposed deck and new roof. The proposed staging of the development would delay the construction of the carport until stage 2. To compensate, the applicant proposes to apply for a Complying Development Certificate for a freestanding carport at the rear of the property. However, Council is unable to impose a condition which requires a complying development certificate to be obtained. Consequently, if the modification to stage the development is approved, stage 1 of the development would not comply with the car parking requirement of the DCP. (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 The key issues associated with the proposed staging of the development relate to the visual impact and design as addressed previously in the report. (c) The suitability of the site for the development The site is suitable for a residential dwelling, although it is important that the dwelling is compatible with existing development. (d) Any submissions made in accordance with this Act or the regulations No submissions were received during the neighbour notification period for the section 96 modification.

B: 25

Ordinary Meeting of the Council of the Shir

Documents

DUNGOG SHIRE COUNCIL€¦ · Proposal: Farm Building Issues: Farm Building with floor area of 600m2 does not comply with the size provisions in Dungog DCP No.1. Precis The following