Adopted by Council 11 June 2013

Transcription

1 Part 1 Introduction REVISION HISTORY Rev No. Date Changed Modified by Details/Comments Master June 2013 Integrated Planning 1 August 2013 Integrated Planning 2 February 2014 Integrated Planning 3 February 2014 Integrated Planning Adopted by Council 11 June 2013 Part 1 Table of Contents addition of Development Guidelines for Resilient Housing for Lake Macquarie Part 1 Introduction - Section 1.7 addition of Development Guidelines for Resilient Housing for Lake Macquarie to list of Guidelines to DCP 2014 Parts 2-7 Lake flooding and tidal inundation section add control referencing Development Guidelines for Resilient Housing for Lake Macquarie Part 12 Precinct Area Plan Pasminco Area Plan updated. Parts 1 to 7 amended to reference the Development Guidelines for Resilient Housing for Lake Macquarie Development Guidelines for Resilient Housing for Lake Macquarie added to supporting Guidelines of DCP August Part 1, Part 4 amended to include reference to Warners Bay and the Warners Bay Town Centre Area Plan. August 2014 Integrated Planning include Plan General Amendment that covered some sections within: Part 1; Part 2; Part 3; Part 4; Part 5; Part 6; Part 7; Part 8; Part 9 Attached Dwellings; Part 9 Child Care Centres; Part 9 Dwelling Houses in The changes in the Introduction reflect the changes made to the contents of LMDCP 2014 as a result of this general amendment. Further details are provided in the relevant section below. Page 1 F2014/01209

2 Part 1 Introduction Rev No. Date Changed Modified by Details/Comments Rural and Environmental Zones; Part 9 Dual Occupancy Development; Part 9 Foreshore and Waterway Development; Part 9 Multi Dwelling Housing; Part 9 Residential Flat Buildings; Part 9 Secondary Dwellings, Part 9 Development under Clause 4.1A of the LMLEP 2014; Part 10 Pambulong Forest; Part 11 Morisset Hospital Grounds Heritage Precinct; Part 12 Lawson Road Precinct; Part 12 North Buttaba Hills Estate Precinct; Part 12 North Morisset Precinct; Part 12 North Wallarah Peninsula; Part 13 - Dictionary LAKE MACQUARIE DCP 2014 TABLE OF CONTENTS Part 1 Introduction Part 2 Development in Rural Zones Part 3 Development in Residential Zones Part 4 Development in Business Zones Part 5 Development in Industrial, Business Park and Infrastructure Zones Part 6 Development in Recreation and Tourist Zones Part 7 Development in Environment Protection Zones Part 8 Subdivision Development Part 9 Specific Land Uses Attached Dwellings Bed and Breakfast / Farm Stay Accommodation Caravan Parks and Manufactured Homes Page 2 F2014/01209

3 Part 1 Introduction Part 10 Child Care Centres Dwelling House in Rural and Environmental Zones Dual Occupancy Foreshore and Waterway Development Health Consulting Rooms Home Business and Industry Intensive Agriculture Multi Dwelling Housing Places of Public Worship Residential Flat Buildings Secondary Dwelling Service Stations Sex Services Premises Signage Tourist and Visitor Accommodation Development under Clause 4.1A of the LMLEP 2014 Town Centre Area Plans Charlestown Town Centre Area Plan Belmont Town Centre Area Plan Toronto Town Centre Area Plan Morisset Town Centre Area Plan Mount Hutton Town Centre Area Plan Pambulong Forest Town Centre Area Plan (repealed) Page 3 F2014/01209

4 Part 1 Introduction Part 11 Part 12 Heritage Area Plans Boolaroo - Heritage Precinct Area Plan West Wallsend / Holmesville - Heritage Precinct Area Plan Teralba - Heritage Precinct Area Plan Toronto - Heritage Precinct Area Plan Rathmines - RAAF Base Area Plan Dudley Area Plan Morisset Hospital Grounds and Farm Area Plan Catherine Hill Bay Heritage Conservation Area Plan Cooranbong - Seventh Day Adventist Community Area Plan Precinct Area Plans Lawson Road Macquarie Hills Area Plan (repealed) North Buttaba Hills Estate Area Plan (repealed) Thompson Road Speers Point Area Plan Martinsville Area Plan East Munibung Hill Area Plan Mount Hutton Precinct Area Plan North Morisset Area Plan Development on Flood Prone Land at Dora Creek Gimberts Road Morisset Area Plan Coorumbung Road Dora Creek Area Plan Belmont South - Foreshore Precinct Area Plan North Cooranbong Area Plan Page 4 F2014/01209

5 Part 1 Introduction Part 13 Lake Macquarie Coastline Highland Avenue Cooranbong Area Plan Pasminco Area Plan Dictionary Page 5 F2014/01209

6 1 INTRODUCTION 1.1 NAME OF THIS PLAN Part 1 Introduction The name of this Plan is Lake Macquarie Development Control Plan 2014 (abbreviated as LM DCP 2014). 1.2 LAND TO WHICH THIS PLAN APPLIES LM DCP 2014 applies to the Local Government Area of Lake Macquarie City Council as covered by Lake Macquarie Local Environmental Plan 2014 (abbreviated as LMLEP 2014) and any other LEP still operating in the Lake Macquarie LGA. 1.3 DATE OF COMMENCEMENT LM DCP 2014 Revision 4XX was adopted by Council on 10 February 2014 XXXXXXXX. LM DCP 2014 commenced on XXXXXXX. 1.6 STATUTORY CONTEXT The DCP is titled Lake Macquarie Development Control Plan LM DCP 2014 is a development control plan prepared under Section 74C of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulations For the purposes of interpreting certain clauses in the LMLEP 2014, reference in Section 79C (1)(a)(iii) of the EP&A Act requires Council (or any other consent authority) to consider this DCP when determining development applications that are covered by this DCP. 1.7 LAKE MACQUARIE DCP 2014 STRUCTURE LM DCP 2014 consists of a written document and associated maps that contain the detailed planning controls for the use of land across the Lake Macquarie LGA. Together, the strategic direction of Council s LS 2030 Strategy, the statutory provisions of LMLEP 2014 and LM DCP 2014 represent the blueprint for development in Lake Macquarie. LM DCP 2014 is divided into a number of parts based on landuse zone groups identified in LMLEP 2014 and within each part, there are sections that provide the controls for development in the city. The following provides an overview of each part of LM DCP 2014: Page 6 F2014/01209

7 Part 1 Introduction Part 1- Introduction. This part contains information on how to use the plan, land to which the plan applies, commencement, details of LM DCP 2014 structure, interpretation of provisions, variations from controls, relationship to other documents and notification requirements among other procedural matters. Part 2 - Development in Rural Zones. This part applies to all development in the RU2, RU3, RU4 and RU6 zones under LMLEP Part 3 - Development in Residential Zones. This part applies to all development in the R2 and R3 zones under LMLEP Part 4 - Development in Business Zones. This part applies to all development in the B1, B2, B3 and B4 zones under LMLEP Part 5 - Development in Industrial, Business Park and Infrastructure Zones. This part applies to all development in the IN1, IN2, IN4, B7, SP1 and SP2 zones under LM LEP Part 6 - Development in Recreation and Tourist Zones. This part applies to all development in the RE1, RE2 and SP3 zones under LMLEP Part 7 - Development in Environment Protection Zones. This part applies to all development in the E2, E3 and E4 zones under LMLEP Part 8 - Subdivision Development. This part applies when subdivision is proposed (excluding strata subdivision) in all land use zones. All subdivision must refer to this part. Part 9 - Specific Land Uses. This part contains specific controls for particular land uses. The provisions in individual land uses are in addition to the provisions in the relevant DCP part and apply when a particular land use is proposed. Where inconsistencies arise, the controls in this part prevail over controls in parts 2 to 8 of this DCP. The uses covered in this part include: Attached Dwellings Intensive Agriculture Bed and Breakfast / Farm Stay Accommodation Multi Dwelling Housing Caravan Parks and Manufactured Homes Places of Public Worship Child Care Centres Residential Flat Buildings Dual Occupancy Secondary Dwelling Page 7 F2014/01209

8 Part 1 Introduction Dwelling House in Rural and Environmental Zones Service Stations Foreshore and Waterway Development Sex Services Premises Health Consulting Rooms Signage Home Business and Industry Tourist and Visitor Accommodation Development under Clause 4.1A of the LMLEP 2014 Part 10 Town Centre Area Plans. This part contains specific development controls applying to Town Centres. The provisions in the area plans are in addition to the provision in part 2 to 9 and apply when development is proposed in an area covered by an area plan. Where inconsistencies arise, the controls in area plans prevail over controls in parts 2 to 9 of this DCP. The Town Centre Area Plans include: Charlestown Regional Centre Area Plan Belmont Town Centre Area Plan Toronto Town Centre Area Plan Morisset Town Centre Area Plan Mount Hutton Town Centre Area Plan Pambulong Forest Area Plan (repealed) Part 11 Heritage Area Plans. This part contains specific development controls applying to Council s Heritage precincts. The provisions in the area plans are in addition to the provision in part 2 to 9 and apply when development is proposed in an area covered by an area plan. Where inconsistencies arise, the controls in area plans prevail over controls in parts 2 to 9 of this DCP. The Heritage area plans include: Boolaroo - Heritage Precinct Area Plan West Wallsend / Holmesville - Heritage Precinct Area Plan Page 8 F2014/01209

9 Part 1 Introduction Teralba - Heritage Precinct Area Plan Toronto - Heritage Precinct Area Plan Rathmines - RAAF Base Area Plan Dudley Area Plan Morisset Hospital Grounds and Farm Area Plan Catherine Hill Bay Heritage Conservation Area Plan Part 12 Precinct Area Plans. This part contains site or area specific development controls. The provisions in the area plans are in addition to the provision in part 2 to 9 and apply when development is proposed in an area covered by an area plan. Where inconsistencies arise, the controls in area plans prevail over controls in parts 2 to 9 of this DCP. The precinct area plans include: Cooranbong - Seventh Day Adventist Community Area Plan Lawson Road Macquarie Hills Area Plan (repealed) North Buttaba Hills Estate Area Plan (repealed) Thompson Road Speers Point Area Plan Martinsville Area Plan East Munibung Hill Area Plan Mount Hutton Precinct Area Plan North Morisset Area Plan Development on Flood Prone Land at Dora Creek Gimberts Road Morisset Area Plan Coorumbung Road Dora Creek Area Plan Belmont South - Foreshore Precinct Area Plan North Cooranbong Area Plan Page 9 F2014/01209

10 Part 1 Introduction Lake Macquarie Coastline Highland Avenue Cooranbong Area Plan Pasminco Part 13 - Dictionary. This part contains the meanings of key words used in LM DCP Page 10 F2014/01209

11 Part 2 Development in Rural Zones Part 2 Development in Rural Zones 2.3 GEOTECHNICAL a. To minimise potential damage to buildings/structures resulting from land movement. 1. A geotechnical report prepared by a geotechnical engineer must accompany an application for development within T1, T2, T3, and T4, T1A, T2A, and T3A areas, and within zones T4, T5 and T6, where specified after a site inspection by Council. Council has discretion about the requirement for a geotechnical report for the following minor structures, and will consider site conditions, the size and construction materials of the proposed structure when making a decision: Garages, Carports, Decks and the like, Pergolas and the like, Fiberglass swimming pools, and Earthworks including excavation and / or fill not exceeding 1000mm in depth. 2. A geotechnical report prepared by a geotechnical engineer must accompany an application for development within T5 and T6 areas where the proposed building is greater than 2500m 2 or where the building is three or more storeys high. 3. In areas not covered by council s geotechnical area maps and where the slope of the land exceeds 10%, Council may require a Slope Stability Assessment (subject to a site inspection by Council staff). Note: Where an application relies upon a geotechnical report prepared as part of a previous development approval, a geotechnical engineer must endorse the plans submitted with the application to confirm that the proposed development is consistent with the geotechnical report. The T1A, T2A, T3A geotechnical zones (representing coal seam outcrop areas) required a geotechnical report under LMDCP No.1 but this requirement was not carried over to DCP The requirements for the T4, T5 and T6 zones are consistent with the previous controls in LMDCP No. 1. The list of discretionary items was added as some minor structures may not require a geotechnical report. The note was also added at their request to clarify the requirements when an application relies on a geotechnical report prepared for a previous development approval. Page 1 F2014/01209

12 3 DEVELOPMENT DESIGN 3.1 STREET SETBACK Part 2 Development in Rural Zones a. To ensure that the development complements the existing or desired future setback pattern in the locality. b. To permit flexibility for developments that may be vulnerable to the impacts of flooding. 1. Where there are existing neighbouring buildings within 40 metres, front setbacks should be the average of the front setbacks of the nearest four neighbouring buildings. 2. Where the adjoining setbacks vary by more than three metres, the proposed development should be set back the same distance as one of the adjoining buildings. 3. Where there are no existing (or approved) buildings within 40 metres of the lot, the front setback should be a minimum of 20 metres. 4. Where the site is identified as being vulnerable to flooding or expected sea level rise, front setbacks may be reduced to ensure that developments are adequately set back from the shoreline. Page 2 F2014/01209

13 Part 2 Development in Rural Zones The figures have been amended to make it clear that the setback controls apply to buildings and development generally in the rural zones, not just dwellings. Img_239 LMCCC DCP 2014 Revision XX Page 3 F2014/01209

14 Part 2 Development in Rural Zones Figure 2 - Street Setback where adjoining dwellings buildings are present Page 4 F2014/01209

15 Part 2 Development in Rural Zones Img_240 LMCCC DCP 2014 Revision XX Page 5 F2014/01209

16 Part 2 Development in Rural Zones Figure 3 - Street Setback - similar to adjoining development Page 6 F2014/01209

17 Part 2 Development in Rural Zones Img_241 LMCCC DCP 2014 Revision XX Page 7 F2014/01209

18 Part 2 Development in Rural Zones Figure 4 - Street Setback no existing adjoining dwellings buildings Page 8 F2014/01209

19 Part 2 Development in Rural Zones 3.2 SIDE AND REAR SETBACK a. To provide adequate separation between buildings to ensure that a reasonable level of privacy, amenity and solar access is maintained. b. To provide a visual separation between buildings to ensure that the rural landscape character is maintained. c. To provide opportunities for the planting of vegetation. 1. Buildings must be setback a minimum of five meters from side and rear boundaries. Page 9 F2014/01209

20 Part 2 Development in Rural Zones Img_242 LMCCC DCP 2014 Revision XX Page 10 F2014/01209

21 Part 2 Development in Rural Zones Figure 5 - Side and Rear Setback 3.4 SOLAR ACCESS AND ORIENTATION a. To ensure that reasonable access to sunlight is maintained. Page 11 F2014/01209

22 Part 2 Development in Rural Zones b. To ensure that the design for solar access is not outweighed by the desire for views. c. To promote passive solar design, and the use of thermal energy to encourage energy efficient buildings. 1. Developments must provide for the reasonable access to sunlight in accordance with the Planning Principle established by the Land and Environment Court in The Benevolent Society v Waverley Council [2010] NSWLEC 1082 and Davies v Penrith City Council [2013] NSWLEC Development should avoid overshadowing of existing solar collectors for hot water or electricity. 3. Development must minimise overshadowing of public open space. 4. Openings on western elevations should be minimised to avoid the extremes of solar access. Where openings are unavoidable on a western elevation, they should be shaded by devices, eaves, landscaping or located higher on the façade. 5. At least 50% of the required area of private open space of each development, and at least 50% of the required area of private open space of adjoining development must receive a minimum of three hours of sunlight between 9am and 3pm on June Where adjacent existing developments and their open space receive less than the minimum requirements, any new development must seek to maintain or enhance that solar access. 7. Where lot orientation allows, developments should be designed so that the long axis of the development is running east-west. 8. Building openings on the western elevations should be minimised. Where openings are unavoidable, they should be located higher on the façade and shaded by eaves or landscaping or similar. Note: The shadow cast by fences, roof overhangs, and changes in level are to be considered and should be indicated on any shadow diagrams submitted. This Planning Principle was created since the LMDCP 2014 was drafted. Page 12 F2014/01209

23 Part 2 Development in Rural Zones 3.11 CAR PARKING RATES a. To ensure that the number of car parking spaces is sufficient to support the intended use. b. To ensure that the number of car parking spaces does not discourage the use of public transport or other modes of transport. 1. The number of car parking spaces provided must be consistent with the specifications of Table 6: Car Parking Rates. 2. Where vehicle parking requirements are not specified in Table 6, justification must be provided that supports the proposed vehicle parking provisions, such as: i. Survey data from comparable facilities; and ii. Survey data from existing operations where expansion is proposed. 3. Where the floor area of an existing development is being increased, the required car parking should be calculated for the additional floor area only. 4. Where the proposed number of car parking spaces is less than or greater than specified in Table 4, a justification must be provided to support a variation, such as: i. Survey data from comparable facilities; ii. Survey data from existing operations where expansion is proposed; and iii. A proposal for dual use of parking spaces. 5. A reduction to the car parking rate must not exceed 20% or 20 spaces, whichever is the lesser. Note: Where the required parking cannot be entirely provided on-site, alternative provisions for car parking may be made in accordance with the relevant Section 94 Contributions Plan(s) and/or Council s Voluntary Planning Agreement Policy. Note: Amenities and storage space are not included when calculating Ground Floor Area (GFA) for car parking purposes. Technical Direction TDT 2013/04a relating to updated traffic surveys for the Roads & Maritime Services Guide to Traffic Generating Developments (RMS Guide) uses Gross Leasable Floor Area (GLFA) for shopping centres. The Transport Planning section of Council has been using GLFA to calculate the car parking rates for shopping centres and some other retail uses to ensure consistency with the RMS Guide. This proposed change removes inconsistencies between the DCP and the RMS Guide. Page 13 F2014/01209

24 Part 2 Development in Rural Zones Table 6 - Car parking rates table for development in rural zones Development Type Disability parking rate Dual occupancies (attached) Dwelling house Car Parking Rate One space per 50 spaces. Where the requirement is between 5 and 50 spaces, at least 1 space is to be provided for persons with a disability. All disabled parking must comply with the relevant Australian Standard. One undercover space and 1 space as single file parking per dwelling of the dual occupancy. One undercover space and 1 space as single file parking. Home business or industry Where vehicles are an intrinsic component of the business or industry Home occupations Bed and breakfast establishment Camping grounds Eco-tourist facilities (not including a motel or hotel) Where Serviced Apartments Where Backpackers Hostel As per Dwelling - i.e.: 1 undercover space and 1 space as single file parking per dwelling. As per dwelling, plus 2 spaces As per Dwelling - i.e.: 1 undercover space and 1 space as single file parking. As per dwelling house, plus 1 space per guestroom. May be provided as single file parking where guest parking is provided behind dwelling parking. One space per tent site One space per unit, plus 1 space per 50m² GFA for any dining room provided as part of the development, One space per 100m² GFA and parking for a mini-bus Page 14 F2014/01209

25 Part 2 Development in Rural Zones Development Type Funeral homes Where a Camping Ground Neighbourhood Shops Where the total area is less than 5000m2 GFA Where the total area is greater than 5000m2 GFA Car Parking Rate 1 space per tent site One space per employee plus 1 space per 3 seats in chapel(s) One space per 25m² GFA One space per 40m² GFA Veterinary hospitals One space per practitioner, plus 0.5 per full-time employee, plus 3 visitor spaces Rural industries One space per 100m² GFA, plus 1 space per 50m² ancillary office space Freight transport facilities Passenger transport facilities Education establishments Two spaces, plus 1 space per vehicle, plus 0.5 spaces per full-time employee Two spaces, plus 1 space per vehicle, plus 0.5 spaces per full-time employee Where pre-school with normal school Hours One space per 4 children, plus 1 space per 1.5 full-time staff. Where primary or secondary school One space per 1.5 full-time staff, plus 1 space per 50 students Above secondary school One space per 1.5 full-time staff, plus 1 space per 8 students Medical centres Where a health centre or diagnostic technology centre One space per on-duty practitioner, plus 1 space per 2 full-time equivalent employees, plus 1.5 spaces per consulting room, plus 1 space for delivery and collection service Many businesses employ part time rather than full time employees. The wording has been changed to refer to full-time equivalent employees. Page 15 F2014/01209

26 Part 2 Development in Rural Zones Development Type Where a day surgery Car Parking Rate As above, plus 1 space per 2 operating theatres Where a collection Centre One space, plus 1 space per collection room, plus 1 space for delivery and collection service Where a laboratory Two spaces, plus 1 space per 50m 2 GFA Note Where a mixture of these activities occurs calculate vehicle parking requirements based on the activity mix Health consulting rooms One space per on-duty practitioner, plus 1 space per 2 full-time equivalent staff, plus 2 spaces per consulting room. Community facilities Five spaces, plus 1 space per 40m² GFA Recreation facilities (outdoor) Football Thirty spaces per field, plus 1 space per 3 seats, where spectator seating is provided. Lawn Bowls Thirty spaces for the first green then 15 spaces for each additional green Swimming Fifteen spaces, plus 1 space per 100m² of site area Tennis Three spaces per court 4.2 WASTE MANAGEMENT a. To ensure that waste/recyclables are managed, collected and disposed of, or reused or recycled effectively and efficiently to provide a safe, healthy and clean environment for the community, as well as maintaining the amenity of the City. b. To provide non-discriminatory access to waste management services, through the adoption of appropriate waste transfer arrangements. Page 16 F2014/01209

27 Part 2 Development in Rural Zones 1. Applications for single dwellings and dual occupancies (attached) must provide an area capable of accommodating garbage, recycling and green waste bins. 2. Applications for other forms of development must provide the following: i. A completed Site Waste Minimisation and Management Plan (SWMMP) must accompany the application. The SWMMP is to be prepared in accordance with, and must demonstrate demonstrating compliance with Council s Waste Management Guidelines. ii. Responsibility for the transfer, collection and disposal of waste/recyclables must be determined at the commencement of the project. The development proposal must outline this within a detailed SWMMP. This change ensures that a SWMMP is only required for larger residential developments, not applications for single dwellings, secondary dwellings or dual occupancies. Page 17 F2014/01209

28 Part 3 Development in Residential Zones Part 3 Development in Residential Zones 1 INTRODUCTION Part 3 - Development within Residential Zones applies to all development in the R1 General Residential, R2 Low Density Residential and R3 Medium Density Residential land use zones. The R1 General Residential zone only applies to land at North Wallarah, which has a site specific Area Plan. The North Wallarah Area Plan (in Part 12 of this DCP) contains most controls for development in this area. For issues not covered in the North Wallarah Area Plan, the controls of Part 3 Development within Residential Zones apply to development in the R1 General Residential Zone. This part is to be read in conjunction with Part 1 (Introduction) of LM DCP 2014, which outlines Council s general requirements for all developments and provides advice on the lodgement requirements for a Development Application. Additionally, controls for specific land uses may apply, depending on the type of development proposed. These controls can be found within Part 9 - Specific Land Uses of this DCP. Furthermore, an Area Plan may apply depending on the location of the development. Area Plans contain area specific controls that need to be considered. They can be found in Parts 10 - Town Centre Area Plans, 11- Heritage Area Plans and 12 - Precinct Area Plans of this DCP. The North Wallarah Area Plan contains extensive controls, but for issues not covered in the Area Plan, the controls of Part 3 Development within Residential Zones should apply. 1.2 ADDITIONAL CONTROLS FOR SPECIFIC LAND USES If the development application relates to any of the following land uses, additional specific development controls must be considered in conjunction with controls in this part of the DCP. The detailed controls for these uses can be found in Part 9 of this DCP. Where a conflict exists between the controls within this part and a specific land use, the specific land use section prevails. Attached Dwellings Multi Dwelling Housing Bed and Breakfast / Farm Stay Accommodation Places of Public Worship Child Care Centres Residential Flat Buildings Page 18 F2014/01209

29 Part 3 Development in Residential Zones Dual Occupancy Dwelling House in Rural and Environmental Zones Foreshore and Waterway Development Health Consulting Rooms Home Business and Industry Residential Development under Clause 4.1A of the LMLEP 2014 Secondary Dwelling This DCP Amendment clarifies that the additional controls are only for dwellings in Rural and Environmental zones, and includes a new chapter addressing Clause 4.1A of the LMLEP GEOTECHNICAL b. To minimise potential damage to buildings/structures resulting from land movement A geotechnical report prepared by a geotechnical engineer must accompany an application for development within T1, T2, T3, and T4, T1A, T2A, and T3A areas, and within zones T4, T5 and T6, where specified after a site inspection by Council. Council has discretion about the requirement for a geotechnical report for the following minor structures, and will consider site conditions, the size and construction materials of the proposed structure when making a decision: Garages, Carports, Decks and the like, Pergolas and the like, Fiberglass swimming pools, and Earthworks including excavation and / or fill not exceeding 1000mm in depth. The T1A, T2A, T3A geotechnical zones (representing coal seam outcrop areas) required a geotechnical report under LMDCP No.1 but this requirement was not carried over to DCP The requirements for the T4, T5 and T6 zones are consistent with the previous controls in LMDCP No. 1. The list of discretionary items was added as some minor structures may not require a geotechnical report. The note was also added at their request to clarify the requirements when an application relies on a geotechnical report prepared for a previous development approval. Page 19 F2014/01209

30 Part 3 Development in Residential Zones 3. A geotechnical report prepared by a geotechnical engineer must accompany an application for development within T5 and T6 areas where the proposed building is greater than 2500m 2 or where the building is three or more storeys high. 4. In areas not covered by council s geotechnical area maps and where the slope of the land exceeds 10%, Council may require a Slope Stability Assessment (subject to a site inspection by Council staff). Note: Where an application relies upon a geotechnical report prepared as part of a previous development approval, a geotechnical engineer must endorse the plans submitted with the application to confirm that the proposed development is consistent with the geotechnical report PRESERVATION OF TREES AND VEGETATION a. To ensure that trees listed on Council s Significant Tree register are not adversely affected by development. b. To maintain and enhance the natural bushland or treed character of the City. c. To retain trees for the urban amenity, microclimate, scenic, air and water quality, and the social benefits that they provide. 1. For the purposes of Clause 5.9 in LMLEP 2014, development consent is required to ring bark, cut down, top, lop, remove, injure, wilfully destroy or clear: i. Any species of vegetation that existed in the State of New South Wales before European Settlement; ii. A tree which is listed in Council s Significant Tree Register; iii. Tree(s) or native vegetation listed as heritage items or located within a Heritage Conservation Area; or iv. A Norfolk Island Pine Tree (Araucaria heterophylla) that is greater than three metres in height, or that has a trunk diameter of 75mm or greater, measured at ground level. Note: This clause includes Native Vegetation defined in the Native Vegetation Act 2003 and marine vegetation covered by section 205 of the Fisheries Management Act Page 20 F2014/01209

31 Part 3 Development in Residential Zones 2. Except in the E2 Zone, development consent is not required to remove, injure, wilfully destroy or clear native vegetation (excluding native trees and shrubs over three metres in height), only if: i. The work is for the purpose of landscaping understorey vegetation and lawn areas where the area to be cleared is less than 600m² (in total), and is on the same allotment as, and within the curtilage of an approved dwelling; ii. The soil surface exposed in any period of 90 consecutive days is less than 250m 2 ; iii. The slope of the land is less than 15 degrees; iv. The area is not subject to a development consent that requires the native vegetation to be retained; and v. The work does not involve the disturbance of habitat for threatened species. 3. Development consent is not required to ring bark, cut down top, lop, remove, injure, wilfully destroy or clear a tree or native vegetation, if: i. The tree is not listed on Council s Significant Tree Register or as Heritage Item or is located within a heritage conservation area, and ii. The tree or native vegetation is not required to be retained by a development consent, and iii. The tree or native vegetation is within five metres of the outermost projection of a lawfully used building (that is not exempt or complying development) and is on the same allotment as the building, or iv. The tree or native vegetation is within one metre of a sealed driveway to a lawfully used building (that is not exempt or complying development) and is on the same allotment as the building, or v. The tree or native vegetation is within five metres of the outermost projection of a lawfully used building (that is not exempt or complying development) on an adjoining allotment as and the building and owners of both properties reach a written agreement that is submitted to Council prior to removal. Note: For the purposes of clause 3 the distance must be measured from the trunk of a tree or shrub measured at ground level to the outer most projection of the building. Note: A sealed driveway is a driveway or car park with an impervious surface such as concrete, pavers, or bitumen. A gravel driveway is not classed as a sealed driveway. Note: A lawfully used building does not include drainage, excavation, a garden shed or jetty, but does include an underground water storage structure, or septic tank or swimming pool. A swimming pool may be impacted by trees in the same way as septic tanks, so it is proposed to include pools in the definition of a building for the purpose of this control. This interpretation only applies where the pool was constructed as part of a Development Application, not as exempt or complying development, as per control 3(v) above. Page 21 F2014/01209

32 Part 3 Development in Residential Zones 4. Development consent is not required for removal of a tree or native vegetation if Council is satisfied beforehand that the tree or native vegetation: i. Is dead and is not required as habitat for native fauna or ii. Is a risk to life or property. Note: Evidence to support removal should be forwarded to Council in accordance with requirements outlined in Council's Tree Preservation and Native Vegetation Management Guidelines. Council's Tree Assessment Officer may undertake a site inspection to verify that these conditions are satisfied. Note: Habitat required for native fauna includes native vegetation and trees (including dead or dying trees) support hollows, spouts, splits, nests and roosts. 5. Development consent is not required for removal of a tree or native vegetation if: i. The tree or native vegetation is in danger of imminent failure and there is risk to life or property; and ii. The tree is not listed on Council s Significant Tree Register or as Heritage Item or is located within a heritage conservation area, and iii. Evidence to support its removal is forwarded to Council following the removal, in accordance with Council s Tree Preservation and Native Vegetation Management Guidelines. 6. Development consent is not required for removal of a NSW native tree if the tree is: i. not listed on Council s Significant Tree Register or as Heritage Item or is located within a heritage conservation area, and ii. not located within other native vegetation and, iii. less than three metres in height and iv. has a trunk diameter at ground level of less than 75mm. 7. An application for removal of tree(s) and native vegetation will be considered only where it is necessary for conducting an approved use of the land. An application for clearing alone will not be supported. 8. A report from a suitably qualified arborist must be submitted to support: i. Any application that may have an impact on a tree listed in Council s Significant Tree Register, or on tree(s) or native vegetation listed as heritage items or located within a heritage conservation area; ii. Any request to review Council s determination of an application for tree pruning or removal; or iii. Any application that Council determines may cause significant impacts on native trees or native vegetation. Page 22 F2014/01209

33 Part 3 Development in Residential Zones 9. An arborist report must include a plan to scale that clearly shows: i. The location of the proposed development; ii. The location, diameter, canopy spread, condition and species of each tree on the site; iii. All trees to be removed; iv. All trees to be retained; v. All trees with habitat hollows; vi. Tree protection zones for all trees to be retained; and vii. Any asset protection zones. 10. Habitat trees must be assessed by a suitably qualified flora and fauna specialist. 11. Measures must be implemented to protect native vegetation and trees to be retained during construction works. Such protection measures must be specified in the development application, and should be compiled in accordance with Council's Tree Preservation and Native Vegetation Management Guidelines. 12. Where habitat trees are removed, measures (such as nest boxes) must be implemented to mitigate against injury or loss of native fauna and habitat. Such measures must be specified in the development application. 13. Boundary fences must be located, designed and constructed to avoid removing or damaging native trees that have a diameter of 200mm or greater, measured at ground level. Note: Refer to Council s Tree Preservation and Native Vegetation Management Guidelines for further details and the Significant Tree Register. Note: Where the removal of five or more native trees is proposed, an arborist report may be required in addition to a Flora and Fauna Assessment prepared in accordance with Council s Flora and Fauna Survey Guidelines. 3.3 SIDE SETBACK a. To provide adequate separation between buildings to ensure there is a reasonable level of privacy, solar access and natural ventilation. b. To provide visual separation between buildings. Page 23 F2014/01209

34 Part 3 Development in Residential Zones c. To ensure greater separation between upper floors of adjacent dwellings. d. To provide opportunities for the planting of vegetation. 1. In the R2 and R3 zones, side setbacks must be a minimum of 900mm for building wall heights up to 4.5 metres. 2. In the R2 and R3 zones, side setbacks must be a minimum of 1.5 metres for building wall heights over 4.5 metres but less than three storeys. 3. In the R2 and R3 zones, the side setback must be a minimum of 3 metres for building wall heights over two storeys of three storeys or more. 4. For multi dwelling housing and residential flat buildings, above and below ground structures, private open space, car parking, vehicle access ramps, balconies, terraces and the like must not encroach on the side boundary setback. 5. For multi dwelling housing and residential flat buildings that adjoin the R2 zone, side setbacks must be: i. A minimum of three metres for buildings up to 4.5m. ii. iii. A minimum of six metres for buildings over 4.5m. A minimum of nine metres for elements of buildings over two storeys in height. Note: The minimum setback of a point on a building is based on the building height at that point. Note: Any additional controls for specific development types are located in Part 9 (Specific Land Uses). Note: Awnings and carports may be located within the side setback, as long as they are not located under the main roof of the dwelling. Note: Larger setbacks may be required on a sloping site as set out in Section 3.26 of this chapter. Note: Section 3.5 of this chapter contains exceptions to the site boundary setbacks provided above. 1, 2 and 3 have been amended to provide greater clarity. 4 and 5 have been removed from this Part of the DCP and added to Part 9.11 Multi Dwelling Housing and Part 9.13 Residential Flat Buildings. These three new notes have been added to ensure that the appropriate sections of the DCP are cross referenced with regards to side setbacks, and to include a note clarifying that awnings and carports may be permitted within the side setback. Page 24 F2014/01209

35 Part 3 Development in Residential Zones Two new figures added to provide clarity about existing setback controls for 2 storey dwellings. Figure 4 - Side setbacks for 2 storey buildings Page 25 F2014/01209

36 Part 3 Development in Residential Zones Figure 5 - Side setbacks for buildings of three storeys or more 3.4 REAR SETBACK a. To provide for tree planting in deep soil at the rear of lots. b. To maintain the existing visual continuity and pattern of buildings and landscape elements. c. To provide vegetation screening between dwellings. d. To provide sufficient space for outdoor living areas. 1. In the R2 and R3 zones, rear setbacks must be a minimum of three metres for buildings wall heights up to 4.5 metres in height. Page 26 F2014/01209

37 Part 3 Development in Residential Zones 2. In the R2 and R3 zones, rear setbacks must be a minimum of six metres for buildings wall heights over 4.5 metres in height but less than three storeys. 3. In the R2 and R3 zones, the rear setback must be a minimum of nine metres for building elements over two three storeys must be a minimum of nine metres in height. Note: The minimum setback of a point on a building is based on the building height at that point. Note: Outbuildings, garages, carports, swimming pools, spas, decks, terraces and private open space may be located within the rear setback, as long as they are not located under the main roof of the dwelling. Note: Any additional controls for specific development types are located in Part 9 (Specific Land Uses). The control regarding rear setbacks has been re-worded to provide greater clarity. Page 27 F2014/01209

38 Part 3 Development in Residential Zones Img_245 Figure 6 - Side and Rear Setback buildings up to 4.5m in height. LMCCC DCP 2014 Revision XX Page 28 F2014/01209

39 Part 3 Development in Residential Zones Img_246 Figure 7 - Side and Rear Setback buildings over 4.5m in height but less than 3 storeys LMCCC DCP 2014 Revision XX Page 29 F2014/01209

40 Part 3 Development in Residential Zones Img_247 Figure 8 - Side and Rear Setback buildings over 2 3 storeys in height 3.5 REDUCED SIDE AND REAR BOUNDARY SETBACKS a. To ensure that reduced side and rear boundary setbacks maximise private open space, visual and acoustic privacy, views, natural ventilation, and solar access for the subject site and adjoining properties. b. To ensure greater separation between upper floors of adjacent dwellings. c. To provide opportunities for the planting of vegetation. There are no controls relating to building to the boundary in the LMDCP 2014, however there weree some provisionss in the previous DCP No. 1. LMCCC DCP 2014 Revision XX Page 30 F2014/01209

41 Part 3 Development in Residential Zones 1. Applications to build to the boundary must demonstrate consideration of the following matters: Page 31 F2014/01209 i. The topography of the lot, allotment orientation and the ability to comply with the solar access, privacy and private open space provisions of this DCP on the subject site and on adjoining properties, and ii. The location of utilities infrastructure, driveways, and street trees. 2. If the lot has a width, measured at the front building line, of at least 6m, but not more than 8m, the building may be built to both side boundaries. 3. If the lot has a width, measured at the front building line, of at least 8m, but not more than 12.5m, the building may be built to only one side boundary. 4. Building to the boundary is limited to the ground floor of a structure. The second storey of a structure built to a boundary must be setback a minimum of 0.9 metres from that boundary. 5. The length of side boundary walls must be determined as follows: i. Where an existing boundary wall adjoins the subject site, the length of the new boundary wall must match the length of the existing boundary wall, or ii. Where no adjoining boundary wall exists, the boundary wall must be a maximum of 50 per cent of the length of the lot, or a maximum length of 12 metres, whichever is the lesser. 6. Walls built to the side or rear boundary must be a maximum height of 3.5 metres above existing ground level unless the wall: i. Abuts another higher existing or simultaneously constructed wall, in which case the wall must not be higher than the boundary wall on the adjoining lot, ii. Abuts a side or rear lane, in which case the maximum height is 5.5 metres. 7. Footings of buildings on a boundary must be designed to permit cut and fill on the neighbouring allotment. 8. Building to the boundary is not permitted if: i. the wall of the building on the adjoining lot is not of masonry construction and is within 900mm of the boundary, or

42 Part 3 Development in Residential Zones ii. the wall of the building on the adjoining lot has a window facing the boundary and is within 900mm of the boundary. 9. Roof structures and drainage systems must be designed to drain away from the property boundary affected by reduced setbacks. 10. Structures built to the boundary must be designed and constructed to be easily maintained. Note: Proposals for buildings with reduced setbacks should be discussed with neighbouring landowners before lodging a Development Application with Council. Construction, maintenance, finish and colour of side boundary walls are some of the issues that should be discussed. 3.6 SITE COVERAGE a. To ensure density of development is in keeping with the local street character. b. To provide sufficient area around a dwelling for access ways, private open space and landscape planting. c. To maximise the potential for on-site stormwater retention. 1. The maximum site coverage, including ancillary development, must not exceed 50%. Note: For the purpose of calculating site coverage, the area of balconies, decks, patios, pergolas, terraces, access ramps, eaves, driveways, fences, pathways, paving, water tanks, swimming pools or spas, or verandas attached to the building that are not enclosed by a wall higher than 1.4 metres above the finished floor level are not included Site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage: any basement, any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary, any eaves, any unenclosed balconies, decks, pergolas and the like. There is more than one existing site coverage definition in the LM DCP This definition will be used consistently throughout the DCP and is based on the definition of site coverage provided in the Dictionary in LMLEP 2014 with some additional wording taken from the existing provisions in LM DCP Page 32 F2014/01209

43 Part 3 Development in Residential Zones Note: Balconies, decks, pergolas and the like located under the main roof of the building are not considered to be unenclosed and will be included in the site coverage calculation. Note: Site coverage controls operate in tandem with the Stormwater Management, Principal Private Open Space, and Landscaped Area and Design controls in this DCP to ensure that adequate unbuilt area is available for outdoor recreation and for reducing stormwater discharge from the site. Stormwater permeability and integration with the landscape design must be considered when determining whether structures are included in the site coverage calculations. Note: Any additional controls for specific development types are located in Part 9 (Specific Land Uses). 3.7 GARAGES, CARPORTS, AND SHEDS a. To ensure that garages, sheds and carports do not dominate the streetscape. b. To integrate the location and design of garages and car parking without compromising street character, landscape or pedestrian amenity and safety. 1. Garages, carports, and sheds must be setback a minimum of one metre from the front building line. 2. Garages, carports, and sheds must be integrated into the design of the building of an appropriate size and scale. 3. Laneways must be utilised where available, to provide rear access to car parking. 4. Where garages and carports address the street, openings must not exceed six metres or 50% of the building width, whichever is the lesser. 5. Where additional vehicular storage is required, garages and carports that address the street may be extended lengthwise, as opposed to increasing the width fronting the street. 6. Carports are preferred within the side or rear setbacks, but may be considered in the front setback where: i. The carport does not have a trafficable roof; The objectives did not refer to sheds, but the controls were intended to also cover sheds. Deleting carports from Control 1 clarifies the role of Control 6 below. Adding controls about size and scale helps to ensure that large garages and sheds are not built on residential blocks. Changes to Control 6 reiterate that carports are preferred in side and rear setbacks and justification is required for them to be in front setbacks. Page 33 F2014/01209

44 Part 3 Development in Residential Zones ii. iii. iv. The carport is set back a minimum of two metres from the front street boundary; The design of the carport complements the dwelling; and The carport is of an open design and has minimal impact on the streetscape, does not obscure views from the street to the front elevation of the dwelling, and has at least three open sides. 7. Design of garages, carports, and sheds must contribute in a positive way to the streetscape and character of the locality. Clarifies what is an open design for a carport. Removes reference to open carport design as the term is used in the Building Code of Australia (BCA) and has a different meaning that relates to fire rating. 3.9 VIEWS a. To allow for the reasonable sharing of views. b. To ensure that solar access to each dwelling has priority over access to views. c. To ensure that retention of existing canopy trees has priority over views. 1. Developments must provide for the reasonable sharing of views in accordance with the Planning Principle established by the Land and Environment Court in Tenacity Consulting v Warringah Council [2004] NSWLEC 140 and Davies v Penrith City Council [2013] NSWLEC Developments must provide for reasonable public domain views in accordance with the Planning Principle established by the Land and Environment Court in Rose Bay Marina Pty Limited v Woollahra Municipal Council [2013] NSWLEC Dwelling design must address solar access before the access to views. This Planning Principle was created since the LMDCP 2014 was drafted SOLAR ACCESS AND ORIENTATION a. To ensure that reasonable access to sunlight is maintained for occupants of new and existing dwellings. b. To optimise solar access to habitable living areas. Page 34 F2014/01209

45 Part 3 Development in Residential Zones c. To ensure open space is maintained to adjoining open space and public domain areas. 9. Developments must provide for the reasonable access to sunlight in accordance with the Planning Principle established by the Land and Environment Court in The Benevolent Society v Waverley Council [2010] NSWLEC 1082 and Davies v Penrith City Council [2013] NSWLEC At a minimum, three hours of sunlight must be available between 9am and 3pm on June 21, to at least 50% of: i. Habitable rooms, and ii. The required area of private open space of each development, and iii. The required area of private open space of adjoining developments. Note: Council may accept a reduction in solar access for the development or adjacent sites if the topography and lot orientation is such that the three hour standard is considered unreasonable. 11. Where adjacent existing developments and their private open space receive less than the minimum requirements, any new development must seek to maintain or enhance the solar access of the adjacent buildings. 12. Dwellings with a single aspect facing south should be minimised. Where unavoidable, applications must demonstrate adequate levels of natural light penetration to habitable areas of the dwelling. 13. Where lot orientation allows, developments should be designed so that the long axis of the development is running east-west. 14. Building openings on the western elevations should be minimised. Where openings are unavoidable, they should be located higher on the façade and shaded by eaves or landscaping or similar. This Planning Principle was created since the LMDCP 2014 was drafted. Note: The shadow cast by fences, roof overhangs, and changes in level should be included on any shadow diagrams to allow assessment of the impact of overshadowing VISUAL PRIVACY a. To ensure that the design of buildings provides an acceptable level of internal and external visual privacy for new and existing developments, on the subject and surrounding land. Page 35 F2014/01209

46 Part 3 Development in Residential Zones b. To maximise outlook, views, and natural surveillance without compromising visual privacy. 1. Developments must provide for a reasonable level of privacy in accordance with the Planning Principle established by the Land and Environment Court in Meriton v Sydney City Council [2004] NSWLEC 313,Super Studio v Waverley Council [2004] NSWLEC 91 and Davies v Penrith City Council [2013] NSWLEC Living areas, habitable rooms and windows must be orientated to private open space areas on the same lot, or to the street. 3. Doors, windows and balconies must be located designed and orientated to avoid overlooking of the private open space and habitable rooms of surrounding dwellings where possible. Avoid direct or close views of nine metres of less. Screening devices, high sills or obscured glass may be used only where other options are not feasible. 4. Where possible, the windows of dwellings must be located so they do not provide direct or close views (less than nine metres away) into the windows of other dwellings. 5. Planter boxes, louvres, screens, pergolas, balcony design and the like must be used to screen a minimum of 50% of the principal private open space of a lower dwelling from overlooking from a higher dwelling. Landscape planting must not be relied upon as sole protection against overlooking. 6. Dwellings must be designed and orientated so that windows, balconies and decks are not situated with a direct line of sight to the habitable rooms or private open space of any adjoining dwelling ACOUSTIC PRIVACY a. To ensure that noise emissions do not unreasonably affect the amenity of the area or result in noise intrusion that would be unreasonable for occupants, users, or visitors. b. To ensure that dwellings have an acceptable level of acoustic privacy. 1. Developments near existing noise generating activities such as roads, railways and industry must be designed to mitigate the effect of noise on the occupants. This Planning Principle was created since the LMDCP 2014 was drafted. 3, 4 and 6 have been consolidated because they seemed repetitive. Page 36 F2014/01209

47 Part 3 Development in Residential Zones 2. Where viable, noise sensitive areas such as bedrooms and private open space in mixed use developments must be located away from noise sources. 3. Building structures must be designed to minimise the transmission of sound, particularly to sleeping and living areas through design measures such as, (e.g. orientation, separation, double glazing, screened balconies etc). 4. Development must demonstrate that dwellings achieve an internal comfort level in accordance with the relevant Australian Standard. 5. Private open space including balconies must be designed to achieve comfort levels in accordance with relevant Australian Standards for noise accentuation. 6. Developments must provide for a reasonable level of acoustic privacy in accordance with the Planning Principle established by the Land and Environment Court in Davies v Penrith City Council [2013] NSWLEC This Planning Principle was created since the LMDCP 2014 was drafted FRONT FENCES a. To ensure that fencing, terracing, and retaining walls are compatible with the existing streetscape character and do not dominate the street. b. To provide privacy and security for residents, by delineating between public space and private property. c. To allow passive surveillance of the street. 1. Front fences and front fence returns must not exceed 1.2 metres above the existing ground level or the footpath level (whichever is higher) when measured from the street side of the fence. 2. Front and side return fences must not be lapped or capped timber, or powder coated metal (Colorbond ) fencing. 3. Front fences must be designed to allow a direct line of sight from windows and entries to the street. 4. Retaining walls, if required, must be integrated in the design of the fence. Page 37 F2014/01209

48 Part 3 Development in Residential Zones 5. Where it can be demonstrated that a solid fence is consistent with the existing streetscape and is required to mitigate traffic noise, a fence up to 1.8 metres in height may be permitted when fronting arterial roads or highways. 6. On corner blocks, the fence on the primary frontage and 50% of the fence on all contiguous secondary frontages (measured from the corner with the primary road boundary fence) must not exceed 1.2 metres above the existing ground level or the footpath level, whichever is higher SIDE AND REAR FENCES a. a. To provide privacy and security for residents. b. To limit the visual impact of side and rear fences. 1. Side and rear boundary fences must not exceed 1.8 metres above the existing ground level. 2. For sloping sites, side and rear boundary fences may be regularly stepped provided the average height does not exceed 1.8 metres. 3. Where fences are proposed in conjunction with a retaining wall, the combined height of the fence and retaining wall must not exceed 1.8 metres above the existing ground level. This provides controls for fencing of corner blocks and is worded to be consistent with the exempt development provisions for fences in residential zones contained in State Environmental Planning Policy (Exempt and Complying Development Codes) Page 38 F2014/01209

49 Part 3 Development in Residential Zones Added a figure to clarify the existing ground level for the purposes of determining the height of a side or rear fence. Figure 10 - Maximum height of side and rear fences relative to existing ground level 3.23 CAR PARKING RATES a. To ensure that the number of car parking spaces is sufficient to support the intended use. b. To ensure that the number of car parking spaces does not discourage the use of public transport or other modes of transport. Page 39 F2014/01209

50 Part 3 Development in Residential Zones 1. The number of car parking spaces provided must be consistent with the specifications of the Table 6: Car Parking Rates. 2. Where vehicle parking requirements are not specified in Table 4, justification must be provided that supports the proposed vehicle parking provisions, such as: i. Survey data from comparable facilities; and ii. Survey data from existing operations where expansion is proposed. 3. Where the floor area of an existing development is being increased, the required car parking is to be calculated for the additional floor area only. 4. Where the proposed number of car parking spaces is less than or greater than as specified in Table 6, justification must be provided to support a variation, such as: i. Survey data from comparable facilities; ii. Survey data from existing operations where expansion is proposed; or iii. A proposal for dual use of parking spaces. 5. A reduction to the car parking rate must not exceed 20% or 20 spaces whichever is the lesser. Note: Amenities and storage space are not included when calculating Ground Floor Area (GFA) for car parking purposes. Table 6 - Car Parking Rates for Development in Residential Zones Development Type Attached dwellings Boarding houses and group homes Disability parking rate Page 40 F2014/01209 Car Parking Rate One undercover space and 1 space as single file parking per dwelling of the dual occupancy One space plus 0.75 spaces per bed, where located on an Arterial or Sub Arterial Road. Or One space plus 1 space per bed where located on roads other than an Arterial or Sub Arterial Road. One space per 50 spaces. Where the requirement is between 5 and 50 spaces, at least 1 space is to be provided for persons with a disability. All disabled parking must comply with the relevant Australian Standard. Technical Direction TDT 2013/04a relating to updated traffic surveys for the Roads & Maritime Services Guide to Traffic Generating Developments (RMS Guide) uses Gross Leasable Floor Area (GLFA) for shopping centres. Advice given by the Transport Planning section of Council for Development Applications has been using GLFA to calculate the car parking rates for shopping centres and some other retail uses to ensure consistency with the RMS Guide. This proposed change removes the inconsistencies between the DCP and the RMS Guide. Car parking rate refers to dual occupancy rather than attached dwelling.

51 Part 3 Development in Residential Zones Development Type Dual occupancies attached or detached Dwelling house Residential flat buildings, multi dwelling housing and shop top housing. Including, as a component of mixed use developments. Semi-detached dwellings Seniors housing Home business or home industry Where vehicles are an intrinsic component of the business or industry Backpackers' accommodation Bed and breakfast establishment Hotel or motel accommodation May include dining facilities, outdoor eating areas or beer gardens. Where providing accommodation Page 41 F2014/01209 Car Parking Rate One undercover space and 1 space as single file parking per dwelling of the dual occupancy. One undercover space and 1 space as single file parking. Dwelling Unit Size/No. of Bedrooms Avg. Vehicle Spaces Per Dwelling Small (<75m²) or 1 bedroom 0.75 Medium (75-100m²) or bedrooms Large (>100m²) or 3 bedrooms 1.5 Plus Visitor parking per dwelling residential flat buildings 0.25 Multi dwelling housing 0.5 Single file parking may be used where two spaces are provided for one dwelling. One undercover space and 1 space as single file parking per dwelling. Car parking provision is in accordance with SEPP (Senior Living) requirements. As per Dwelling - i.e. 1 undercover space and 1 space as single file parking per dwelling. As per dwelling, plus 2 spaces One space per 100m² GFA and parking for a mini-bus As per dwelling house, plus 1 space per guestroom. May be provided as single file parking where guest parking is provided behind dwelling parking. One space per 25m2 of GFA One space per short-stay room, plus 1 space per 2 staff. The use of square metres and number of bedrooms is confusing, so the table has been revised to refer to number of bedrooms only.

52 Part 3 Development in Residential Zones Development Type Where providing conference facilities Serviced apartments Eco-tourist facilities (not including a Motel or Hotel) Where Serviced Apartments Car Parking Rate One space per 5m² of GFA. Note Where a mixture of these activities occurs calculate vehicle parking requirements based on activity mix. One space per unit, plus 1 space per 50m² GFA for any dining room provided as part of the development One space per unit, plus 1 space per 50m² GFA for any dining room provided as part of the development, Where Backpackers Hostel One space per 100m² GFA and parking for a mini-bus Business premises One space per 40m²GFA. And where more than 20 car spaces are required and the development is within 400m of a designated bus route, the development provides a Bus shelter (or approved equivalent) in lieu of 1 car space in every 40, or part thereof, of the onsite spaces required. One shelter to be provided for each car space deleted Funeral homes One space per employee plus 1 space per 3 seats in chapel(s) Restaurant or café One space per 10m² Where the total area is less than 5000m 2 1 space per 25m 2 GFA GFA Where the total area is greater than 5000m 2 1 space per 40m 2 GFA GFA Neighbourhood Shops Where the total area is less than 5000m2 GFA Where the total area is greater than 5000m2 GFA Education establishments Note See Australian Standard for Fast Food takeaway vehicle queuing lengths. One space per 25m² GFA One space per 40m² GFA Inserted to ensure consistency with the provisions for restaurants in other sections of the DCP. Page 42 F2014/01209

53 Part 3 Development in Residential Zones Development Type Where pre-school with normal school hours Where primary or secondary school Above secondary school Hospitals (not including a day surgery facility refer to Medical Centres) Where a nursing home, hospice, or similar long-stay establishment Medical centres Where a health centre or diagnostic technology centre Health consulting rooms Child care centres Where a day surgery Where a collection Centre Community facilities Place of Public Worship Recreation facilities (outdoor) Where a laboratory Car Parking Rate One space per 4 children, plus 1 space per 1.5 full-time equivalent staff. One space per 1.5 full-time equivalent staff, plus 1 space per 50 students One space per 1.5 full-time equivalent staff, plus 1 space per 8 students One space per 2 beds, plus 1 space per 2 staff, plus Ambulance spaces One space per 6 nursing home beds, plus 1 space per 2 staff. Note Calculate staff spaces on the maximum number of staff at any one time. Where a mixture of these activities occurs calculate vehicle parking requirements based on the activity mix One space per on-duty practitioner, plus 1 space per 2 fulltime equivalent employees, plus 1.5 spaces per consulting room, plus 1 space for delivery and collection service As above, plus 1 space per 2 operating theatres One space, plus 1 space per collection room, plus 1 space for delivery and collection service Two spaces, plus 1 space per 50m2 GFA Note Where a mixture of these activities occurs calculate vehicle parking requirements based on the activity mix One space per on-duty practitioner, plus 1 space per 2 fulltime equivalent staff, plus 2 spaces per consulting room. One car space per 8 children, plus 0.75 spaces per staff member. Parking designated for staff may be provided as single file parking where practical. Five spaces, plus 1 space per 40m² GFA One space per 3 seats Many businesses employ part-time employees. The wording has been changed to refer to full-time equivalent employees. Many businesses employ part-time employees. The wording has been changed to refer to full-time equivalent employees. Page 43 F2014/01209

54 Part 3 Development in Residential Zones Development Type Exhibition homes Development Type Attached dwellings Football Lawn bowls Swimming Tennis Car Parking Rate Thirty spaces per field, plus 1 space per 3 seats, where spectator seating is provided. Thirty spaces for the first green then 15 spaces for each additional green Fifteen spaces, plus 1 space per 100m² of site area Three spaces per court Two spaces per dwelling house used for exhibition Car Parking Rate One undercover space and 1 space as single file parking per dwelling of the dual occupancy Error - duplication of above CUT AND FILL a. To minimise land shaping, particularly outside the building footprint. b. To ensure development is on a stable site. c. To minimise the impact on groundwater flow. d. To ensure that development does not concentrate surface water flows to adjoining properties. e. To minimise the extent of earthworks, stormwater infrastructure and retaining structures and the associated costs. f. To minimise the cost of future maintenance works required for retaining structures. g. To maintain amenity and privacy for residents of the new dwelling and adjoining dwellings. h. To ensure that fences are constructed on existing ground. 1. Fill is not permitted within core riparian zones, within the Lakefront Development Area or the Foreshore Development Area, or within the extent of the 100 year probable ARI (1% AEP) flood event. Page 44 F2014/01209

55 Part 3 Development in Residential Zones 2. All calculations for proposed fill must include existing fill material on the site. 3. Cut and fill associated with development must comply with the provisions in Table 9 and Figure 9 below. 4. Where the ground level change across the proposed footprint of a dwelling, measured in any direction, exceeds 2m, the dwelling design must include one or more of the following: i. split level design ii. 2 storey design with the garage below habitable floorspace iii. drop edge beam or suspended slab on a footing wall iv. pier and beam construction 5. Fences on common boundaries must be built at existing ground level. 6. A retaining wall within the front setback area or that faces the secondary street on a corner site must be constructed of masonry materials. 7. The face of a retaining wall must be a minimum of 1m from a common boundary. 8. Retaining structures greater than 1m in height must be designed by an engineer, and the certification details lodged with the development application. 9. Batter slopes must not exceed a gradient of 1:4, unless stabilised by dense planting. 10. Fill must not contribute to unreasonable impacts on amenity or the redirection of water onto adjoining properties. 11. Any fill used must be certified Virgin Excavated Natural Materials, certified Excavated Natural Material or uncontaminated engineered fill. Note: If an application seeks to replace an existing retaining wall, consideration must be given to whether it is possible to achieve the above controls on the particular site. Note: If the applicant seeks to build a retaining wall closer than 1m from a common boundary, the total height of the retaining wall and any fence proposed to be constructed on top of the retaining wall, must not exceed 1.8m, and the applicant must provide proof that the adjoining owner agrees to the lesser distance. Concerns were raised whether these controls would restrict the replacement of an existing retaining wall. The note has been added to encourage merit assessment when assessing the replacement of retaining walls. Staff have been requested to consider placement of low retaining walls closer than 1m from the common boundary. The note provides guidance for this situation. Page 45 F2014/01209

56 Part 3 Development in Residential Zones 4.2 WASTE MANAGEMENT a. To ensure that waste/recyclables are managed, collected and disposed of, or reused or recycled effectively and efficiently to provide a safe, healthy and clean environment for the community, as well as maintaining the amenity of the City. b. To provide non-discriminatory access to waste management services, through the adoption of appropriate waste transfer arrangements. c. Building design shall minimise the impact of garbage bins. 5. Single dwellings, secondary dwellings and dual occupancies must provide an area capable of accommodating garbage, recycling and green waste bins. 6. Applications for all other forms of residential development must provide the following: i. A completed Site Waste Minimisation and Management Plan (SWMMP) must accompany the application. The SWMMP is to be prepared in accordance with, and must demonstrate demonstrating compliance with demonstrating Council s Waste Management Guidelines. ii. Responsibility for the transfer, collection and disposal of waste/recyclables must be determined at the commencement of the project. The development proposal must outline this within a detailed SWMMP. This change ensures that a SWMMP is only required for larger residential developments, not applications for single dwellings, secondary dwellings or dual occupancies. Page 46 F2014/01209

57 Part 4 Development in Business Zones Part 4 Development within Business Zones 2.3 GEOTECHNICAL : a. To minimise potential damage to buildings/structures resulting from land movement. 1. A geotechnical report prepared by a geotechnical engineer must accompany an application for development within T1, T2, T3, and T4, T1A, T2A, and T3A areas, and within zones T4, T5 and T6 where specified after a site inspection by Council. Council has discretion about the requirement for a geotechnical report for the following minor structures and will consider site conditions and the size and construction materials when making a decision: Garages, Carports, Decks and the like, Pergolas and the like, Fiberglass swimming pools, and Earthworks including excavation and / or fill not exceeding 1000mm in depth. 2. A geotechnical report prepared by a geotechnical engineer must accompany an application for development within T5 and T6 areas where the proposed building is greater than 2500m 2 or where the building is three or more storeys high. 3. In areas not covered by council s geotechnical area maps and where the slope of the land exceeds 10%, Council may require a Slope Stability Assessment (subject to a site inspection by Council staff). Note: Where an application relies upon a geotechnical report prepared as part of a previous development approval, a geotechnical engineer must endorse the plans submitted with the application to confirm that the proposed development is consistent with the geotechnical report. The T1A, T2A, T3A geotechnical zones (representing coal seam outcrop areas) required a geotechnical report under LMDCP No.1 but this requirement was not carried over to DCP The requirements for the T4, T5 and T6 zones are consistent with the previous controls in LMDCP No. 1. The list of discretionary items was added as some minor structures may not require a geotechnical report. The note was also added at their request to clarify the requirements when an application relies on a geotechnical report prepared for a previous development approval. Page 47 F2014/01209

58 Part 4 Development in Business Zones 2.22 SITES WHERE A CONCEPT PLAN IS REQUIRED c. To capture the opportunities for public benefit that planning and development of larger sites permit. b. To ensure that a thorough urban design analysis of the site, and its urban context, is used to inform the site planning and design process. c. To allow the site layout, building scale form and height, approximate yield and public benefit of a development proposal to be determined early in the development assessment process. d. To allow consideration of a proposal that varies from the specified block controls in the Town Centre Area Plans. 1. Where development is proposed on site(s) that exceeds 4000m 2 in area or that are identified as a Concept Plan Required site in an Area Plan in Part 10, 11 or 12 of this DCP, a Concept Plan for the site must be prepared and submitted to Council as a Stage 1 Development Application. 2. A comprehensive urban design analysis of the site and its urban context must be prepared by a suitably qualified and experienced professional. 3. The urban design analysis must be used to inform and guide preparation of the Concept Plan. 4. The Concept Plan must include but is not limited to: i. a site plan identifying new public views, new or improved public space, new or improved community facilities, items of heritage, landscape or environmental conservation, public transport facilities, new or improved pedestrian links and/or new vehicle access, ii. utility infrastructure requirements such as electricity substations, fire hydrants and gas connections, and their location, iii. a site plan and elevations showing proposed built form, heights, setbacks, building separation; podium levels, extent of podium, landscape areas and interface with the street or public space, iv. an interactive electronic 3D block model of the proposed building masses and the existing buildings on surrounding sites, v. illustrations that indicate proposed building character and materials, vi. an indication of the extent of basement car parking, as basement car parking that is built to the boundary has implications for providing deep soil zones in accordance with Section 6.8 of Part 4 Development in Business Zones. Car parking (vi) and building separation (iii) need to be resolved upfront. Page 48 F2014/01209

59 Part 4 Development in Business Zones 5.5 CAR PARKING RATES a. To ensure that the number of car parking spaces is sufficient to support the intended use. b. To ensure that the number of car parking spaces does not discourage the use of public transport or other modes of transport. 1. The number of car parking spaces provided must be consistent with the specifications of Table Where vehicle parking requirements are not specified in Table 4 justification must be provided that supports the proposed vehicle parking provisions, such as: i. Survey data from comparable facilities, ii. Survey data from existing operations where expansion is proposed. 3. Where the floor area of an existing development is being increased, the required car parking is to be calculated for the additional floor area only. 4. Where the proposed number of car parking spaces is less than or greater than specified in Table 4, justification must be provided to support a variation, such as: i. Survey data from comparable facilities; ii. Survey data from existing operations where expansion is proposed; iii. A proposal for dual use of parking spaces; or iv. Implementation of a Green Travel Plan. 5. A reduction to the car parking rate must not exceed 20% or 20 spaces, whichever is the lesser. 6. Where a Green Travel Plan is proposed to reduce the car parking rate, it must demonstrate a practical and effective combination of: i. Employee incentives to encourage alternatives to car travel (such as public transport or taxi vouchers); ii. Generous end of trip facilities such as showers and lockers to encourage walking and cycling; Page 49 F2014/01209

60 iii. iv. Part 4 Development in Business Zones Designated car parking spaces for car sharing; and Preparation of a Transport Access Guide (TAG) with concise instructions on how to reach a site or venue by public transport, walking and cycling (using such sources as maps, websites and business publications). 7. Where a Green Travel Plan is proposed, it must be accompanied by a written agreement with the owner or occupier to implement the plan. Note: Where the required parking cannot be entirely provided on-site, alternative provisions for car parking may be made in accordance with the relevant Section 94 Contributions Plan(s) and/or Council s Voluntary Planning Agreement Policy. Note: Amenities and storage space are not included when calculating Ground Floor Area (GFA) for car parking purposes. Table 4 6 Car Parking Rates for Development in Business Zones Development Type Car Parking Rate boarding houses and group homes 1 space plus 0.5 spaces per bed. disability parking rate 1 space per 50 spaces. Where the requirement is between 5 and 50 spaces, at least 1 space is to be provided for persons with a disability Residential flat buildings, Multi dwelling housing and Shop top Dwelling Unit Size/No. of Bedrooms Avg. Vehicle Spaces Per Dwelling housing. Including, as a component of Location A B Mixed Use Developments. Small (<75m²) or 1 bedroom Medium (75-100m²) or bedrooms Large (>100m²) or 3 bedrooms Plus Visitor parking per dwelling residential flat buildings and shop top housing Technical Direction TDT 2013/04a relating to updated traffic surveys for the Roads & Maritime Services Guide to Traffic Generating Developments (RMS Guide) uses Gross Leasable Floor Area (GLFA) for shopping centres. Advice given by the Transport Planning section of Council for Development Applications has been using GLFA to calculate the car parking rates for shopping centres and some other retail uses to ensure consistency with the RMS Guide. This proposed change remedies the inconsistencies between the DCP and the RMS Guide. The use of square metres and number of bedrooms is confusing, so the table has been revised to refer to number of bedrooms only. Multi dwelling housing 0.5 Where: Page 50 F2014/01209

61 Part 4 Development in Business Zones Development Type seniors housing home business and home industry In B1, B2, B3, B4 zones or as a component of a Mixed Use Development Car Parking Rate A In the B2, and B3 or B4 Zone where the dwelling is less than 400 metres from a railway station, transport interchange or a major bus route. B In the B1 and B4 zone or in the B2 and B3 Zone where A does not apply. Single file parking may be used where two spaces are provided for one dwelling. Car parking provision is in accordance with SEPP (Senior Living) requirements. As per Dwelling ie: 1 undercover space and 1 space as single file parking per dwelling. As per residential flat buildings, plus 1 space per 35m 2 GFA of the workplace area to provide for employees and clients. Cardiff contains B4 zoned land, parts of which are near a railway station, so the table has been updated to capture these sites. Where vehicles are an intrinsic component of the business or industry home occupation (sex services) As per dwelling, plus 2 spaces 1 space per customer as expected at any one time backpackers' accommodation 1 space per 100m 2 GFA and parking for a mini-bus bed and breakfast establishment As per dwelling house, plus 1 space per guestroom. May be provided as single file parking where guest parking is provided behind dwelling parking. hotel or motel accommodation May include dining facilities, outdoor eating areas or beer gardens. Where providing accommodation 1 space per 25m 2 of GFA 1 space per short-stay room, plus 1 space per 2 staff. Page 51 F2014/01209

62 Part 4 Development in Business Zones Development Type Where providing conference facilities Car Parking Rate 1 space per 5m 2 of GFA. Should this be per seat? Note Where a mixture of these activities occurs calculate vehicle parking requirements based on activity mix. Correct error. serviced apartments 1 space per unit, plus 1 space per 50m 2 GFA for any dining room provided as part of the development business and office premises funeral homes bulky goods premises 1 space per 40m 2 GFA And where more than 20 car spaces are required and the development is within 400m of a designated bus route, the development provides a Bus shelter (or approved equivalent) in lieu of 1 car space in every 40, or part thereof, of the onsite spaces required. One shelter to be provided for each car space deleted 1 space per employee plus 1 space per 3 seats in chapel(s) 2 spaces per tenancy or lot, plus 1 space per 40m 2 GFA. food & drink premises Where the total area is less than 5000m 2 GFA Where the total area is greater than 5000m 2 GFA restaurant or café Where the total area is less than 5000m 2 GFA Where the total area is greater than 5000m 2 GFA Page 52 F2014/ space per 25m 2 GFA 1 space per 40m 2 GFA 1 space per 25m 2 GFA 1 space per 40m 2 GFA Note:- See Australian Standard for Fast Food takeaway

63 Part 4 Development in Business Zones Development Type take-away food & drink premises Where the total area is less than 5000m 2 GFA Where the total area is greater than 5000m 2 GFA hardware & building supplies Car Parking Rate vehicle queuing lengths. 1 space per 25m 2 GFA 1 space per 40m 2 GFA 2 spaces per tenancy or lot, plus 1 space per 50m 2 GFA. shops or group of shops Where the total area is less than 5000m 2 GFA Where the total area is greater than 5000m 2 GFA neighbourhood Shops Where the total area is less than 5000m 2 GFA Where the total area is greater than 5000m 2 GFA 1 space per 25m 2 GFA 1 space per 40m 2 GFA And where more than 20 car spaces are required and the development is within 400m of a designated bus route, the development provides a Bus shelter (or approved equivalent) in lieu of 1 car space in every 40, or part thereof, of the onsite spaces required. One shelter to be provided for each car space deleted. Note - Where a development forms a group of shops or centre, parking requirements are calculated on the total GFA of the shops rather than the total GFA of the development. Where the development is a mix of activities, parking for these activities are calculated individually and added to the total GFA shop component. 1 space per 25m 2 GFA 1 space per 40m 2 GFA Page 53 F2014/01209

64 Part 4 Development in Business Zones Development Type vehicle sales or hire premises registered club Less than 1,500m 2 GFA Greater than 1,500m 2 GFA Car Parking Rate 1 space per 10 vehicles displayed, plus 1 space per 1.5 staff 1 space, plus 1 space per 15m 2 GFA 40 spaces, plus 1 space per 25m 2 GFA And where more than 50 car spaces are required, a Courtesy bus is provided for clientele transfers in lieu of 1 car space in every 20 spaces required. restricted premises Where the total area is less than 5000m 2 GFA Where the total area is greater than 5000m 2 GFA service station Where including a convenience store Where including a vehicle repair and service facility Where including vehicle hire Where tyre retail and/or repair Note See also Hotel/Motel if providing dining or accommodation. 1 space per 25m 2 GFA 1 space per 40m 2 GFA 1 space per 60m 2 GFA 1 space per repair bay 0.25 spaces per vehicle for hire 1 space per staff, plus 2 spaces per work bay Note - Where a mixture of these activities occurs calculate vehicle parking requirements based on the activity mix sex services premises 1 space per employee plus 1 space per customer as expected at any one time. Page 54 F2014/01209

65 Part 4 Development in Business Zones Development Type veterinary hospitals light industries passenger transport facilities education establishments Where pre-school with normal school hours Car Parking Rate 1 space per practitioner, plus 0.5 per full-time equivalent employee, plus 3 visitor spaces 1 space per 100m 2 GFA, plus 1 space per 50m2 ancillary office space 2 spaces, plus 1 space per vehicle, plus 0.5 spaces per fulltime equivalent employee 1 space per 4 children, plus 1 space per 1.5 full-time equivalent staff. Where primary or secondary school 1 space per 1.5 full-time equivalent staff, plus 1 space per 50 students Above secondary school 1 space per 1.5 full-time equivalent staff, plus 1 space per 8 students In B1, B2, B3, B4 zones or as a component of Mixed Use Development hospitals (not including a day surgery facility refer to Medical Centres) Where a nursing home, hospice, or similar long-stay establishment 1 space per 2 full-time equivalent staff, plus 1 space per 50 students 1 space per 2 beds, plus 1 space per 2 staff, plus Ambulance spaces 1 space per 6 nursing home beds, plus 1 space per 2 staff. Note Calculate staff spaces on the maximum number of staff at any one time. Where a mixture of these activities occurs calculate vehicle parking requirements based on the activity mix Many businesses employ part-time employees. The wording has been changed to refer to full-time equivalent employees. medical centres Page 55 F2014/01209

66 Part 4 Development in Business Zones Development Type Where a health centre or diagnostic technology centre Where a day surgery Where a collection Centre Where a laboratory Car Parking Rate 1 space per on-duty practitioner, plus 1 space per 2 full-time equivalent employees, plus 1.5 spaces per consulting room, plus 1 space for delivery and collection service As above, plus 1 space per 2 operating theatres 1 space, plus 1 space per collection room, plus 1 space for delivery and collection service 2 spaces, plus 1 space per 50m 2 GFA Note Where a mixture of these activities occurs calculate vehicle parking requirements based on the activity mix Many businesses employ part-time employees. The wording has been changed to refer to full-time equivalent employees. health consulting rooms 1 space per on-duty practitioner, plus 1 space per 2 full-time equivalent staff, plus 2 spaces per consulting room. child care centres 1 car space per 8 children, plus 0.75 spaces per staff member. Parking designated for staff may be provided as single file parking where practical. community facilities place of public worship recreation facilities (indoor) Squash Indoor cricket or other court game Swimming Gymnasium 5 spaces, plus 1 space per 40m 2 GFA 1 space per 3 seats 3 spaces per court 20 spaces per pitch or court 15 spaces, plus 1 space per 100m 2 GFA (indoor pool) 1 space per 10m 2 GFA Page 56 F2014/01209

67 Part 4 Development in Business Zones Development Type exhibition homes Car Parking Rate Notes - Where a mixture of these activities occurs calculate vehicle parking requirements based on the activity mix. Where a facility combines a number of sporting activities in one area, determine the vehicle parking requirement based on the highest use activity. 2 spaces per dwelling house used for exhibition 6.16 VIEWS a. To allow for the reasonable sharing of views. b. To ensure that existing canopy trees have priority over views. 1. Developments must provide for the reasonable sharing of views in accordance with the Planning Principle established by the Land and Environment Court in Tenacity Consulting v Warringah Council [2004] NSWLEC 140 and Davies v Penrith City Council [2013] NSWLEC Developments must provide for reasonable public domain views in accordance with the Planning Principle established by the Land and Environment Court in Rose Bay Marina Pty Limited v Woollahra Municipal Council [2013] NSWLEC The desire for views must not outweigh the design for solar access. These Planning Principles were created since the LMDCP 2014 was drafted and adopted SOLAR ACCESS AND ORIENTATION : a. To ensure that reasonable access to sunlight is maintained for occupants of new and existing dwellings in the residential component of mixed-use development. Page 57 F2014/01209

68 Part 4 Development in Business Zones : b. To ensure solar access is maintained to adjoining open space and public domain areas. c. To ensure that the design for solar access is not outweighed by the desire for views. 15. Developments must provide for the reasonable access to sunlight in accordance with the Planning Principle established by the Land and Environment Court in The Benevolent Society v Waverley Council [2010] NSWLEC 1082 and Davies v Penrith City Council [2013] NSWLEC At least 50% of the required area of private open space of each dwelling, and at least 50% of the required area of private open space of adjoining dwellings must receive a minimum of three hours of sunlight between 9am and 3pm on June 21. Council may accept a reduction in solar access for the development or adjacent sites if the topography and lot orientation is such that the three-hour standard is considered unreasonable. 17. Where adjacent existing developments and their private open space receive less than the minimum requirements, any new development must seek to maintain or enhance the solar access for the adjacent development. 18. Dwellings with a single aspect facing south should be minimised. Where they cannot be avoided, applications must demonstrate adequate levels of natural light penetration into habitable areas of the dwelling. 19. Where lot orientation allows, developments should be designed so that the long axis of the development is running east-west. 20. Building openings on the western elevations should be minimised. Where openings are unavoidable, they should be located higher on the façade and shaded by eaves or landscaping or similar. Note: The shadow cast by fences, roof overhangs, and changes in level are to be considered and should be indicated on shadow diagrams submitted. This Planning Principle was created since the LMDCP 2014 was drafted and adopted VISUAL PRIVACY : a. To ensure that the design of buildings provides an acceptable level of internal and external visual privacy for new and existing dwellings on subject and surrounding land. Page 58 F2014/01209

69 Part 4 Development in Business Zones : 1. Developments must provide for a reasonable level of privacy in accordance with the Planning Principle established by the Land and Environment Court in Meriton v Sydney City Council [2004] NSWLEC 313, Super Studio v Waverley Council [2004] NSWLEC 91 and Davies v Penrith City Council [2013] NSWLEC Living areas, habitable rooms and windows of dwellings must be orientated to minimise overlooking. The effective location of doors, windows, and balconies to avoid overlooking is preferred to the use of screening devices, high sills or obscured glass. 3. The use of landscape planting must not be solely relied upon to resolve visual privacy. 4. The windows of habitable rooms of one dwelling must be located so as to minimise direct or close views (less than 9 metres away) into the windows of habitable rooms of other dwellings. 5. Balconies and decks of one dwelling must be located so they minimise direct or close views (less than 9 metres away) to the balconies, decks, or habitable rooms of any adjoining dwelling. 6. Planter boxes, louvre screens, pergolas, balcony design, and the like must be used to screen a minimum of 50% of the principal private open space of a lower apartment from overlooking from an upper apartment. Landscape planting must not be relied upon as sole protection against overlooking. This Planning Principle was created since the LMDCP 2014 was drafted and adopted ACOUSTIC PRIVACY a. To ensure that noise emissions do not unreasonably impact on the amenity of the area or result in noise intrusion that would be unreasonable for occupants, users or visitors. b. To ensure that dwellings have an acceptable level of acoustic privacy. : 1. Developments near existing noise generating activities, such as plant, services, roads and industry, must be designed to mitigate the effect of noise on the occupants of dwellings. 2. Where viable, noise sensitive areas such as bedrooms and private open space in mixed use developments must be located away from noise sources. Page 59 F2014/01209

70 Part 4 Development in Business Zones 3. Building structures must be designed to minimise the transmission of sound, particularly to sleeping and living areas in adjoining developments. 4. Development must demonstrate that dwellings achieve an internal comfort level in accordance with the relevant Australian Standard. 5. Private open space including balconies must be designed to achieve comfort levels in accordance with relevant Australian Standards for noise accentuation. 6. Developments must provide for a reasonable level of acoustic privacy in accordance with the Planning Principle established by the Land and Environment Court in Davies v Penrith City Council [2013] NSWLEC This Planning Principle was created since the LMDCP 2014 was drafted and adopted. Page 60 F2014/01209

71 Part 5 Development in Industrial, Business Park and Infrastructure Zones Part 5 Development in Industrial, Business Park and Infrastructure Zones 2.3 GEOTECHNICAL : : a. To minimise potential damage to buildings/structures resulting from land movement. 1. A geotechnical report prepared by a geotechnical engineer must accompany an application for development within T1, T2, T3, and T4, T1A, T2A, and T3A areas, and within zones T4, T5 and T6 where specified after a site inspection by Council. Council has discretion about the requirement for a geotechnical report for the following minor structures and will consider site conditions and the size and construction when making a decision: Garages, Carports, Decks and the like, Pergolas and the like, Fiberglass swimming pools, and Earthworks including excavation and / or fill not exceeding 1000mm in depth. 2. A geotechnical report prepared by a geotechnical engineer must accompany an application for development within T5 and T6 areas where the proposed building is greater than 2500m 2 or where the building is three or more storeys high. 3. In areas not covered by council s geotechnical area maps and where the slope of the land exceeds 10%, Council may require a Slope Stability Assessment (subject to a site inspection by Council staff). Note: Where an application relies upon a geotechnical report prepared as part of a previous development approval, a geotechnical engineer must endorse the plans submitted with the application to confirm that the proposed development is consistent with the geotechnical report. The T1A, T2A, T3A geotechnical zones (representing coal seam outcrop areas) required a geotechnical report under LMDCP No.1 but this requirement was not carried over to DCP The requirements for the T4, T5 and T6 zones are consistent with the previous controls in LMDCP No. 1. The list of discretionary items was added as some minor structures may not require a geotechnical report. The note was also added at their request to clarify the requirements when an application relies on a geotechnical report prepared for a previous development approval. Page 61 F2014/01209

72 Part 5 Development in Industrial, Business Park and Infrastructure Zones 3.5 SOLAR ACCESS AND ORIENTATION a. To ensure reasonable access to sunlight is maintained for occupants of likely future and existing dwellings on adjoining lands. b. To ensure open space is maintained to adjoining open space and public domain areas. 1. Developments must provide for the reasonable access to sunlight in accordance with the Planning Principle established by the Land and Environment Court in The Benevolent Society v Waverley Council [2010] NSWLEC 1082 and Davies v Penrith City Council [2013] NSWLEC Where adjacent existing developments and their private open space receive less than the minimum requirements, any new development must seek to maintain or enhance the solar access of the adjacent buildings. 3. Where lot orientation allows, developments should be designed so that the long axis of the development is running east-west. 4. Building openings on the western elevations should be minimised. Where openings are unavoidable, they should be located higher on the façade and shaded by eaves or landscaping or similar. This Planning Principle was created since the LMDCP 2014 was drafted and adopted FENCING a. To avoid the dominance of fences on the streetscape and similar hostile design, and to soften the built environment in industrial areas. 1. Security gates and fencing may be erected on or just forward of the building line, provided it does not exceed a height of two metres, is designed for maximum visibility, and is screened by landscaping. 2. Fencing forward of the five metre setback must not exceed a height of 1.2 metres. It should be constructed of masonry or dark coloured picket/pool style fencing, in combination with vegetation. This control has been re-worded to reiterate that security fencing is preferred on, or just forward, of the building line. Any variation from this control will require justification through a CPTED report and a streetscape assessment. Page 62 F2014/01209

73 Part 5 Development in Industrial, Business Park and Infrastructure Zones 3. Security gates and other fencing may be utilised behind the five metre setback, provided they do not exceed a height of two metres. Note: Exceptions to the above fencing requirements must be justified by a CPTED Assessment, as described in Section 3.17 Safety and Security of this chapter of the DCP and demonstrated through a streetscape presentation assessment CAR PARKING RATES a. To ensure that the number of bike, motor bike and car parking spaces is sufficient to support the intended use. b. To ensure that the number of car parking spaces does not discourage the use of public transport or other modes of transport. 1. The number of car parking spaces provided must be consistent with the specifications of Table 6: Car Parking Rates. 2. Where vehicle parking requirements are not specified in Table 6, justification must be provided that supports the proposed vehicle parking provisions, such as: i. Survey data from comparable facilities; and ii. Survey data from existing operations where expansion is proposed. 3. Where the floor area of an existing development is being increased, the required car parking should be calculated for the additional floor area only. 4. Where the proposed number of car parking spaces is less than or greater than specified in Table 6, a justification must be provided to support a variation, such as: i. Survey data from comparable facilities; ii. Survey data from existing operations where expansion is proposed; and iii. A proposal for dual use of parking spaces. Page 63 F2014/01209

74 Part 5 Development in Industrial, Business Park and Infrastructure Zones 5. A reduction to the car parking rate must not exceed 20% or 20 spaces, whichever is the lesser. Note: Amenities and storage space are not included when calculating Ground Floor Area (GFA) for car parking purposes. Table 6 - Car parking rates table for development in industrial, business park, and infrastructure zones Development Type Disability parking rate Bulky goods premises Depots Home business or industry Where vehicles are an intrinsic component of the business or industry Car Parking Rate One space per 50 spaces. Where the requirement is between five and 50 spaces, at least one space is to be provided for persons with a disability. All disabled parking must comply with the relevant Australian Standard. Two spaces, plus one space per 40m 2 GFA One space per vehicle, plus one space per two full time equivalent employees As per Dwelling - ie: one undercover space and one space as single file parking per dwelling. As per dwelling, plus two spaces Hotel or motel accommodation May include dining facilities, outdoor eating 1 space per 25m 2 of GFA areas or beer gardens. Where providing accommodation 1 space per short-stay room, plus 1 space per 2 staff. Where providing conference facilities 1 space per 5m 2 of GFA. Note Where a mixture of these activities occurs calculate vehicle parking requirements based on activity mix. Technical Direction TDT 2013/04a relating to updated traffic surveys for the Roads & Maritime Services Guide to Traffic Generating Developments (RMS Guide) uses Gross Leasable Floor Area (GLFA) for shopping centres. Advice given by the Transport Planning section of Council for Development Applications has been using GLFA to calculate the car parking rates for shopping centres and some other retail uses to ensure consistency with the RMS Guide. This proposed change remedies the inconsistencies between the DCP and the RMS Guide. Hotel or motel accommodation is permissible with consent in the IN4 Working Waterfront zone under LMLEP 2014 and is therefore applicable to this car parking table. Page 64 F2014/01209

75 Part 5 Development in Industrial, Business Park and Infrastructure Zones Development Type Restaurant or café Where the total area is less than 5000m 2 GFA Where the total area is greater than 5000m 2 GFA Take-away food & drink premises Where the total area is less than 5000m 2 GFA Where the total area is greater than 5000m 2 GFA Funeral homes Landscape and garden supplies Car Parking Rate 1 space per 25m 2 GFA 1 space per 40m 2 GFA Note:- See Australian Standard for Fast Food takeaway vehicle queuing lengths. 1 space per 25m 2 GFA 1 space per 40m 2 GFA One space per employee plus one space per three seats in chapel(s) One space per 50m 2 GFA Inserted to ensure consistency with the provisions for restaurants, cafes, and take away food and drink premises in other sections of the DCP. Neighbourhood Shops Where the total area is less than 5000m2 GFA Where the total area is greater than 5000m2 GFA Self storage units Service stations Sex services premises One space per 25m² GFA One space per 40m² GFA One space per 100m 2 GFA One space per 60m 2 convenience store GFA, plus one space per workshop bay One space per room used for sex services, plus one space per additional full time equivalent employee Page 65 F2014/01209

76 Part 5 Development in Industrial, Business Park and Infrastructure Zones Development Type Storage premises (except hazardous storage establishments and offensive storage establishments) Veterinary hospitals Car Parking Rate One space per 100m 2 One space per practitioner, plus 0.5 per full-time equivalent employee, plus 3 visitor spaces Industry One space per 100m² GFA, plus one space per 50m² ancillary office space Freight transport facilities Two spaces, plus one space per vehicle, plus 0.5 spaces per full-time equivalent employee Passenger transport facilities Two spaces, plus one space per vehicle, plus 0.5 spaces per full-time equivalent employee Education establishments The car parking table has been updated to refer to full-time equivalent employees to avoid car parking rates being challenged based on part-time staff. Where pre-school with normal school Hours Where primary or secondary school Above secondary school Hospitals (not including a day surgery facility refer to medical centres) Where a nursing home, hospice, or similar longstay establishment One space per four children, plus one space per 1.5 fulltime equivalent staff. One space per 1.5 full-time equivalent staff, plus one space per 50 students One space per 1.5 full-time equivalent staff, plus one space per 8 students One space per two beds, plus one space per two staff, plus ambulance spaces One space per six nursing home beds, plus one space per two staff. Note Calculate staff spaces on the maximum number of staff at any one time. Where a mixture of these activities occurs, calculate vehicle parking requirements based on the activity mix Page 66 F2014/01209

77 Part 5 Development in Industrial, Business Park and Infrastructure Zones Development Type Child care centres Car Parking Rate One car space per eight children, plus 0.75 spaces per staff member. Parking designated for staff may be provided as single file parking where practical. Place of public worship Recreation facilities (indoor) Squash Indoor cricket or other court game Swimming Gymnasium One space per three seats Timber yard One space per 50m 2 Transport depots Truck depots Vehicle body repair workshops Vehicle repair stations Vehicle sales or hire premises Veterinary hospitals Three spaces per court Twenty spaces per pitch or court Fifteen spaces, plus one space per 100m² GFA (indoor pool) One space per 10m² GFA Notes - Where a mixture of these activities occurs, calculate vehicle parking requirements based on the activity mix. Where a facility combines a number of sporting activities in one area, determine the vehicle parking requirement based on the highest use activity. One space per vehicle, plus one space per two full time equivalent employees One space per vehicle, plus one space per two full time equivalent employees Two spaces, plus one space per 50m 2 GFA Two spaces, plus one space per 50m 2 GFA One space per 130m 2 GFA Warehouse or distribution centres One space per 100m 2 Three spaces per practitioner, plus one space per full time equivalent employee Page 67 F2014/01209

78 Part 6 Development in Recreation and Tourist Zones Part 6 Development in Recreation and Tourist Zones 2.3 GEOTECHNICAL a. To minimise potential damage to buildings/structures resulting from land movement. 1. A geotechnical report prepared by a geotechnical engineer must accompany an application for development within T1, T2, T3, and T4, T1A, T2A, and T3A areas, and within zones T4, T5 and T6 where specified after a site inspection by Council. Council has discretion about the requirement for a geotechnical report for the following minor structures and will consider site conditions and the size and construction materials when making a decision: Garages, Carports, Decks and the like, Pergolas and the like, Fiberglass swimming pools, and Earthworks including excavation and / or fill not exceeding 1000mm in depth. 2. A geotechnical report prepared by a geotechnical engineer must accompany an application for development within T5 and T6 areas where the proposed building is greater than 2500m 2 or where the building is three or more storeys high. 3. In areas not covered by council s geotechnical area maps and where the slope of the land exceeds 10%, Council may require a Slope Stability Assessment (subject to a site inspection by Council staff). Note: Where an application relies upon a geotechnical report prepared as part of a previous development approval, a geotechnical engineer must endorse the plans submitted with the application to confirm that the proposed development is consistent with the geotechnical report. The T1A, T2A, T3A geotechnical zones (representing coal seam outcrop areas) required a geotechnical report under LMDCP No.1 but this requirement was not carried over to DCP The requirements for the T4, T5 and T6 zones are consistent with the previous controls in LMDCP No. 1. The list of discretionary items was added as some minor structures may not require a geotechnical report. The note was also added at their request to clarify the requirements when an application relies on a geotechnical report prepared for a previous development approval. Page 68 F2014/01209

79 Part 6 Development in Recreation and Tourist Zones 3.9 VIEWS a. To allow for the reasonable sharing of views. b. To ensure that existing canopy trees have priority over views. 1. Developments must provide for the reasonable sharing of views in accordance with the Planning Principle established by the Land and Environment Court in Tenacity Consulting v Warringah Council [2004] NSWLEC 140 and Davies v Penrith City Council [2013] NSWLEC Developments must provide for reasonable public domain views in accordance with the Planning Principle established by the Land and Environment Court in Rose Bay Marina Pty Limited v Woollahra Municipal Council [2013] NSWLEC The desire for views must not outweigh the design for solar access. These Planning Principles were created since the LMDCP 2014 was drafted and adopted SOLAR ACCESS AND ORIENTATION a. To ensure that reasonable access to sunlight is maintained for occupants of new and existing development. b. To promote passive solar design and the use of thermal energy to encourage energy efficient buildings. c. To ensure that solar access is maintained to adjoining open space and public domain areas. 1. Developments must provide for the reasonable access to sunlight in accordance with the Planning Principle established by the Land and Environment Court in The Benevolent Society v Waverley Council [2010] NSWLEC 1082 and Davies v Penrith City Council [2013] NSWLEC Development must minimise overshadowing existing solar collectors for hot water or electricity. 3. Development must minimise overshadowing of public open space and public domain areas.. This Planning Principle was created since the LMDCP 2014 was drafted and adopted. Page 69 F2014/01209

80 Part 6 Development in Recreation and Tourist Zones 4. Openings on western elevations must be minimised to avoid the extremes of solar access. Where openings are unavoidable on a western elevation, they should be shaded by devices, eaves, landscaping or located higher on the façade. 5. At least 50% of habitable rooms must receive a minimum of three hours of sunlight between 9am and 3pm on June At least 50% of the required area of private open space of each development and at least 50% of the required area of private open space of adjoining development must receive a minimum of three hours of sunlight between 9am and 3pm on June Where adjacent existing developments and their open space receive less than the minimum requirements, any new development should seek to maintain or enhance the solar access. 8. Where lot orientation allows, developments should be designed so that the long axis of the development is running east-west. 9. Building openings on the western elevations should be minimised. Where openings are unavoidable, they should be located higher on the façade and shaded by eaves or landscaping or similar. Note: Council may accept a reduction in solar access for the development and adjacent sites if the topography and lot orientation is such that the three hour standard is demonstrated to be unreasonable Note: The shadow cast by fences, roof overhangs, and changes in level are to be considered and should be indicated on any shadow diagrams submitted CAR PARKING RATES a. To ensure that the number of bike, motor bike and car parking spaces is sufficient to support the intended use. b. To ensure that the number of car parking spaces does not discourage the use of public transport or other modes of transport. 1. The number of car parking spaces provided must be consistent with the specifications of Table 4: Car Parking Rates. Page 70 F2014/01209

81 Part 6 Development in Recreation and Tourist Zones 2. Where vehicle parking requirements are not specified in Table 8, justification must be provided that supports the proposed vehicle parking provisions, such as: i. Survey data from comparable facilities; and ii. Survey data from existing operations where expansion is proposed. 3. Where the floor area of an existing development is being increased, the required car parking should be calculated for the additional floor area only. 4. Where the proposed number of car parking spaces is less than or greater than specified in Table 8, a justification must be provided to support a variation, such as: i. Survey data from comparable facilities; ii. Survey data from existing operations where expansion is proposed; and iii. A proposal for dual use of parking spaces. 5. A reduction to the car parking rate must not exceed 20% or 20 spaces, whichever is the lesser. Note: Amenities and storage space are not included when calculating Ground Floor Area (GFA) for car parking purposes. Table 8 - Car Parking Rates for Development in Recreation and Tourist Zones Development Type Disability parking rate Boarding houses Backpackers' accommodation Car Parking Rate 1 space per 50 spaces. Where the requirement is between 5 and 50 spaces, at least 1 space is to be provided for persons with a disability 1 space plus 0.75 spaces per bed, where located on an Arterial or Sub Arterial Road. Or 1 space plus 1 space per bed where located on roads other than an Arterial or Sub Arterial Road. 1 space per 100m² GFA and parking for a mini-bus Technical Direction TDT 2013/04a relating to updated traffic surveys for the Roads & Maritime Services Guide to Traffic Generating Developments (RMS Guide) uses Gross Leasable Floor Area (GLFA) for shopping centres. Advice given by the Transport Planning section of Council for Development Applications has been using GLFA to calculate the car parking rates for shopping centres and some other retail uses to ensure consistency with the RMS Guide. This proposed change remedies the inconsistencies between the DCP and the RMS Guide. Page 71 F2014/01209

82 Part 6 Development in Recreation and Tourist Zones Development Type Bed and breakfast establishment Car Parking Rate As per dwelling house, plus 1 space per guestroom. May be provided as single file parking where guest parking is provided behind dwelling parking. Camping grounds Caravan park including manufactured home estates 1 space per tent site 11 spaces per 10 sites, plus 1 space per 10 sites for visitor parking. Child care centres Community facilities Hotel or motel accommodation May include dining facilities, outdoor eating areas or beer gardens. Where providing accommodation Where providing conference facilities Eco-tourist facilities (not including a motel or hotel) Where serviced apartments Where backpackers hostel 1 car space per 8 children, plus 0.75 spaces per staff member. Parking designated for staff may be provided as single file parking where practical. 5 spaces, plus 1 space per 40m² GFA 1 space per 25m 2 of GFA 1 space per short-stay room, plus 1 space per 2 staff. 1 space per 5m² of GFA. Should this be per seat? Note Where a mixture of these activities occurs calculate vehicle parking requirements based on activity mix. 1 space per unit, plus 1 space per 50m² GFA for any dining room provided as part of the development, 1 space per 100m²GFA and parking for a mini-bus Correct this error. Page 72 F2014/01209

83 Part 6 Development in Recreation and Tourist Zones Development Type Where a Camping Ground Business and office premises Funeral homes Food & drink premises Where the total area is less than 5000m² GFA Where the total area is greater than 5000m² GFA Take-away food & drink premises Where the total area is less than 5000m² GFA Where the total area is greater than 5000m² GFA Neighbourhood Shops Where the total area is less than 5000m² GFA Where the total area is greater than 5000m² GFA Place of public worship Registered club Less than 1500mgfa Greater than 1500mgfa Car Parking Rate 1 space per tent site 1 space per 40m² GFA. And where more than 20 car spaces are required and the development is within 400m of a designated bus route, the development provides a Bus shelter (or approved equivalent) in lieu of 1 car space in every 40, or part thereof, of the onsite spaces required. One shelter to be provided for each car space deleted. 1 space per employee plus 1 space per 3 seats in chapel(s) 1 space per 25m²GFA 1 space per 40m² GFA 1 space per 25m² GFA 1 space per 40m² GFA 1 space per 25m² GFA 1 space per 40m² GFA 1 space per 3 seats 1 space, plus 1 space per 15m² GFA 40 spaces, plus 1 space per 25m² GFA These uses are not permissible in the recreational zones under LMLEP 2014, however restaurants and cafes are permissible with consent (see below). Page 73 F2014/01209

84 Part 6 Development in Recreation and Tourist Zones Development Type Car Parking Rate And where more than 50 car spaces are required, a Courtesy bus is provided for clientele transfers in lieu of 1 car space in every 20 spaces required. Recreation facilities (indoor) Squash Indoor cricket or other court game Swimming Gymnasium Note See also Hotel/Motel if providing dining or accommodation. 3 spaces per court 20 spaces per pitch or court 15 spaces, plus 1 space per 100m² GFA (indoor pool) 1 space per 10m² GFA Notes - Where a mixture of these activities occurs calculate vehicle parking requirements based on the activity mix. Where a facility combines a number of sporting activities in one area, determine the vehicle parking requirement based on the highest use activity. Recreation facilities (outdoor) Football Lawn bowls Swimming Tennis 3 spaces per court Restaurant or café 1 spaces per 10m² Where the total area is less than 5000m 2 GFA 1 space per 25m 2 GFA 30 spaces per field, plus 1 space per 3 seats, where spectator seating is provided. 30 spaces for the first green then 15 spaces for each additional green 15 spaces, plus 1 space per 100m2 of site area Updated to ensure consistency with the car parking rate for restaurants and cafes in other sections of the DCP. Page 74 F2014/01209

85 Part 6 Development in Recreation and Tourist Zones Development Type Where the total area is greater than 5000m 2 GFA Serviced apartments Car Parking Rate 1 space per 40m 2 GFA Note:- See Australian Standard for Fast Food takeaway vehicle queuing lengths. 1 space per unit, plus 1 space per 50m² GFA for any dining room provided as part of the development Page 75 F2014/01209

86 Part 7 Development in Environment Protection Zones Part 7 Development in Environment Protection Zones 2.3 GEOTECHNICAL a. To minimise potential damage to buildings/structures resulting from land movement. 1. A geotechnical report prepared by a geotechnical engineer must accompany an application for development within T1, T2, T3, and T4, T1A, T2A, and T3A areas, and within zones T4, T5 and T6 where specified after a site inspection by Council. Council has discretion about the requirement for a geotechnical report for the following minor structures and will consider site conditions and the size and construction materials when making a decision: Garages, Carports, Decks and the like, Pergolas and the like, Fiberglass swimming pools, and Earthworks including excavation and / or fill not exceeding 1000mm in depth. 2. A geotechnical report prepared by a geotechnical engineer must accompany an application for development within T5 and T6 areas where the proposed building is greater than 2500m 2 or where the building is three or more storeys high. 3. In areas not covered by council s geotechnical area maps and where the slope of the land exceeds 10%, Council may require a Slope Stability Assessment (subject to a site inspection by Council staff). Note: Where an application relies upon a geotechnical report prepared as part of a previous development approval, a geotechnical engineer must endorse the plans submitted with the application to confirm that the proposed development is consistent with the geotechnical report. The T1A, T2A, T3A geotechnical zones (representing coal seam outcrop areas) required a geotechnical report under LMDCP No.1 but this requirement was not carried over to DCP The requirements for the T4, T5 and T6 zones are consistent with the previous controls in LMDCP No. 1. The list of discretionary items was added as some minor structures may not require a geotechnical report. The note was also added at their request to clarify the requirements when an application relies on a geotechnical report prepared for a previous development approval. Page 76 F2014/01209

87 Part 7 Development in Environment Protection Zones 3.4 SOLAR ACCESS AND ORIENTATION a. To ensure that reasonable access to sunlight is maintained. b. To ensure that the design for solar access is not outweighed by the desire for views. c. To promote passive solar design, and the use of thermal energy to encourage energy efficient buildings. 1. Developments must provide for the reasonable access to sunlight in accordance with the Planning Principle established by the Land and Environment Court in The Benevolent Society v Waverley Council [2010] NSWLEC 1082 and Davies v Penrith City Council [2013] NSWLEC Development should avoid overshadowing of existing solar collectors for hot water or electricity. 3. Development must minimise overshadowing of public open space. 4. Openings on western elevations should be minimised to avoid the extremes of solar access. Where openings are unavoidable on a western elevation, they should be shaded by devices, eaves, landscaping or located higher on the façade. 5. At least 50% of the required area of private open space of each development, and at least 50% of the required area of private open space of adjoining development must receive a minimum of three hours of sunlight between 9am and 3pm on June 21. This Planning Principle was created since the LMDCP 2014 was drafted and adopted. 6. Where adjacent existing developments and their open space receive less than the minimum requirements, any new development must seek to maintain or enhance that solar access. 7. Where lot orientation allows, developments should be designed so that the long axis of the development is running east-west. 8. Building openings on the western elevations should be minimised. Where openings are unavoidable, they should be located higher on the façade and shaded by eaves or landscaping or similar. Note: The shadow cast by fences, roof overhangs, and changes in level are to be considered and should be indicated on any shadow diagrams submitted. Page 77 F2014/01209

88 Part 7 Development in Environment Protection Zones 3.11 CAR PARKING RATES a. To ensure that the number of car parking spaces is sufficient to support the intended use. b. To ensure that the number of car parking spaces does not discourage the use of public transport or other modes of transport. 1. The number of car parking spaces provided must be consistent with the specifications of the Table 6: Car Parking Rates. 2. Where vehicle parking requirements are not specified in Table 6, justification must be provided that supports the proposed vehicle parking provisions, such as: i. Survey data from comparable facilities; and ii. Survey data from existing operations where expansion is proposed. 3. Where the floor area of an existing development is being increased, the required car parking is to be calculated for the additional floor area only. 4. Where the proposed number of car parking spaces is less than or greater than specified in Table 6, justification must be provided to support a variation, such as: i. Survey data from comparable facilities; ii. Survey data from existing operations where expansion is proposed; or iii. A proposal for dual use of parking spaces. 5. A reduction to the car parking rate must not exceed 20% or 20 spaces, whichever is the lesser. Note: Where the required parking cannot be entirely provided on-site, alternative provisions for car parking may be made in accordance with the relevant Section 94 Contributions Plan(s) and/or Council s Voluntary Planning Agreement Policy. Note: Amenities and storage space are not included when calculating Ground Floor Area (GFA) for car parking purposes. Technical Direction TDT 2013/04a relating to updated traffic surveys for the Roads & Maritime Services Guide to Traffic Generating Developments (RMS Guide) uses Gross Leasable Floor Area (GLFA) for shopping centres. Advice given by the Transport Planning section of Council for Development Applications has been using GLFA to calculate the car parking rates for shopping centres and some other retail uses to ensure consistency with the RMS Guide. This proposed change remedies the inconsistencies between the DCP and the RMS Guide. Page 78 F2014/01209

89 Part 7 Development in Environment Protection Zones Table 6 - Car parking rates table for development in Environment Protection zones Development Type Car Parking Rate Disability parking rate Dual occupancies (attached) Dwelling house Home business or industry Where vehicles are an intrinsic component of the business or industry Bed and breakfast establishment Eco-tourist facilities (not including a motel or hotel) Where serviced apartments Where backpackers hostel Where a Camping Ground One space per 50 spaces. Where the requirement is between five and 50 spaces, at least one space is to be provided for persons with a disability. Disabled parking must comply with the relevant Australian Standard. One undercover space and 1 space as single file parking per dwelling of the dual occupancy. One undercover space and one space as single file parking. As per Dwelling - ie: one undercover space and one space as single file parking per dwelling. As per dwelling house, plus two spaces As per dwelling house, plus one space per guestroom. May be provided as single file parking where guest parking is provided behind dwelling parking. One space per unit, plus one space per 50m² GFA for any dining room provided as part of the development, One space per 100m² GFA and parking for a minibus One space per tent site Page 79 F2014/01209

90 Part 7 Development in Environment Protection Zones Funeral homes Education establishments Where pre-school with normal school Hours Where primary or secondary school Above secondary school Community facilities Place of public worship One space per employee plus one space per three seats in chapel(s) One space per 4 children, plus 1 space per 1.5 fulltime equivalent staff. One space per 1.5 full-time equivalent staff, plus one space per 50 students One space per 1.5 full-time equivalent staff, plus one space per eight students Five spaces, plus one space per 40m² GFA One space per three seats Many businesses employ part-time employees. The wording has been changed to refer to full-time equivalent employees. Page 80 F2014/01209

91 Part 8 Subdivision Development Part 8 Subdivision Development 3 SUBDIVISION DESIGN The following definitions are provided for words and phrases used in this section of LM DCP 2014: standard lot means a lot that is generally rectangular in shape. corner lot means a lot that has frontage to two or more intersecting roads. battle axe lot means an allotment of land behind another with access to a public road via a narrow drive or access handle. irregular lot means a lot that is not a standard lot. small lot means a lot created under Clause 4.1A of the Lake Macquarie LEP building area means the area of the site capable of supporting development. It does not include: (a) front, side and rear setbacks, or (b) the access handle of a battle-axe lot. There are currently no controls relating to development under Clause 4.1A of the LMLEP 2014 in the LMDCP This definition relates specifically to subdivision under Clause 4.1A. community association, community development lot, community parcel, community property and community scheme have the same meaning as they have in the Community Land Development Act neighbourhood scheme has the same meaning as it has in the Community Land Development Act LOT SIZES AND DIMENSIONS R2 Low Density Residential Zone The subdivision standards in this part do not apply to strata subdivision. a. To promote the efficient use of land. b. To ensure that subdivision provides a variety of lot sizes that meet community and economic needs, while ensuring that ecological, social and cultural values are safeguarded. Page 81 F2014/01209

92 Part 8 Subdivision Development c. To facilitate subdivision which results in predominately rectangular shaped lots. d. To ensure that subdivision does not preclude the orderly development of land. e. To require adequate street frontages and dimensions for standard, battle-axe and irregular shaped lots. 1. Subdivision must comply with the lot size map in Lake Macquarie LEP 2014 or with Clause 4.1A of the Lake Macquarie LEP Subdivision for the purpose of: i. A standard lot, the minimum area of the resulting lot(s) is 450m² and the minimum width is 14 metres; ii. A corner lot, the minimum area of the resulting lot(s) is 600m² and the minimum width is 18 metres; iii. A battle-axe lot, the minimum area of the resulting lot(s) is 600m² and the minimum width is 18 metres. Additionally: a. A battle-axe lot must have a minimum rectangular building area of 250m² with a minimum width of 12 metres; and o The minimum width of the battle-axe access handle is four metres when servicing one lot, and five metres when servicing two lots. The maximum number of battle-axe lots sharing a single access handle is two; iv. An irregular lot, the minimum area of the resulting lot(s) is 450m². Irregular shaped lots must have a minimum rectangular building area of 250m² with a minimum width of 12 metres; and v. A dual occupancy, the minimum area of the resulting lot(s) is 250m 2. vi. A small lot under Clause 4.1A of the Lake Macquarie LEP 2014 must be a minimum of 300m² and no more than 450m². There are currently no controls relating to development under Clause 4.1A of the LMLEP These controls have been added to address this deficiency and relate specifically to subdivision under Clause 4.1A. Page 82 F2014/01209

93 Part 8 Subdivision Development Img_011 Example of Irregular shaped lot 3.7 LOT SIZES AND DIMENSIONS R3 Medium Density Residential Zone The subdivision standards in this part do not apply to strata subdivision. a. To promote the efficient use of land. b. To ensure that subdivision provides a variety of lot sizes that meet community and economic needs, while ensuring that ecological, social and cultural values are safeguarded. c. To facilitate subdivision which results in predominately rectangular shaped lots. d. To ensure that subdivision does not preclude the orderly development of land. e. To require adequate street frontages and dimensions for standard, battle-axe and irregular shaped lots. Page 83 F2014/01209

94 Part 8 Subdivision Development 1. Subdivision must comply with the lot size map in Lake Macquarie LEP 2014 or with Clause 4.1A of the Lake Macquarie LEP Subdivision for the purpose of: i. A standard lot, the minimum area of the resulting lot(s) is 900m² and the minimum width is 25 metres; ii. A corner lot, the minimum area of the resulting lot(s) is 1200m² and the minimum width is 25 metres; iii. A battle-axe lot, the minimum area of the resulting lot(s) is 1500m² and the minimum width is 25 metres. Additionally: o The minimum width of the battle-axe access handle is eight metres. The maximum number of battle-axe lots sharing a single access handle is two; iv. An irregular shaped lot, the minimum area of the resulting lot(s) is 1200m². Irregular shaped lots must have a minimum rectangular building area of 900m² with a minimum width of 23 metres. v. A small lot under Clause 4.1A of the Lake Macquarie LEP 2014 must be a minimum of 200m² and no more than 450m². There are currently no controls relating to development under Clause 4.1A of the LMLEP These controls have been added to address this deficiency and relate specifically to subdivision under Clause 4.1A SUBDIVISION LAYOUT a. To ensure the subdivision layout responds to site characteristics, setting, landmarks, views, site constraints and land capability. b. To ensure the street layout minimises cut and fill for road construction, and for future house construction. c. To ensure street and lot orientation and lot dimensions facilitate the siting and design of energy efficient buildings with good solar access. d. To ensure subdivision layout is designed to integrate with surrounding neighbourhoods and the natural environment. e. To ensure that development occurs in an ecologically sustainable manner, and is energy efficient in terms of design and layout, consumption and materials. Page 84 F2014/01209

95 Part 8 Subdivision Development 1. A Site Analysis Plan, Structure Plan, Water Cycle Strategy and Subdivision Site Plan must be prepared and submitted with an application for subdivision. These plans must demonstrate how the subdivision responds to the site s characteristics and integrates with the surrounding settlement pattern. 2. Street layout should minimise cut and fill for road construction. 3. Road layout must reflect a grid pattern or modified grid pattern and avoid the use of cul-de-sacs. See Figure 4. Img_013 Good Example Poor Example Good and Poor example of grid road layout 4. Lots must be regular and rectangular in shape where possible, to maximise siting opportunities and lot yield. 5. Lots should be orientated and sized to allow good solar access for future developments. Lots fronting north-south orientated roads should be deeper, to maximise solar access opportunities for future development. Narrow lots must avoid being oriented with the rear of the allotment to the south due to the lack of solar access at the rear of the house. Page 85 F2014/01209

96 Part 8 Subdivision Development 6. In residential subdivision and where topography allows, 80% of lots should achieve a 5 Star energy efficiency rating. Refer to Council s Subdivision Guideline for more information. 7. The subdivision pattern must be integrated with the surrounding neighbourhood in terms of lot size, orientation and road connectivity. 8. A perimeter road should be provided to separate development from bushfire areas, public open space and from ecological habitat and corridors. 9. All lots must have direct access to a road. 10. In residential subdivisions, access to individual lots must be gained predominately from local or collector roads. Refer to the hierarchy of streets in Figure Splays of at least 4m x 4m must be provided on corner allotments. 12. Small lots are located in proximity to public or communal open space and / or close to public transport and / or close to amenities such as community services and shops. 13. Lots with vehicle access from the front boundary, that are 12.5m wide or less, must be located on streets which facilitate on-street parking on both sides. These streets should consist of two travel and two parking lanes where possible. 14. Different housing types are spread throughout a subdivision in localised clusters rather than distinct precincts to help create a desirable streetscape and neighbourhood character. There are currently no controls relating to development under Clause 4.1A of the LMLEP These controls have been added to address this deficiency and relate specifically to subdivision under Clause 4.1A. Note: Section 3.5 of Part 3 Development within Residential Zones of the LMDCP 2014 contains provisions for building to the boundary. Part 9.18 of the LMDCP 2014 contains provisions relating to development under Clause 4.1A of the LMLEP Allotments intended to be developed under Clause 4.1A or with a building on the boundary should be appropriately designed at the subdivision application stage. 4.3 NOISE AND VIBRATION a. To minimise the generation of noise and/or vibration and to mitigate associated adverse impacts on the amenity of neighbouring properties, their occupants and occupants of the proposed development. Page 86 F2014/01209

97 Part 8 Subdivision Development 1. Where proposed development has the potential to produce an adverse noise or vibration impact on occupants of the site or nearby properties, an acoustic and vibration study must be prepared by a qualified consultant and submitted to Council. 2. Noise Any noise or vibration generated by development must not exceed the criteria stipulated in the NSW Industrial Noise Policy or the Noise Guide for Local Government at the property boundary of the noise source, or at a receiving lot boundary. 3. Measures must be implemented to ensure that any noise or vibration generated is not offensive, in accordance with the Noise Guide for Local Government. 4. During construction, the operating noise level of machinery, plant and equipment must comply with the Noise Guide for Local Government. 5. Noise Any noise generating operations and outdoor operations must only occur between 7am and 6pm Monday to Saturday. 6. A suitably qualified acoustics consultant must prepare a Noise Management Plan Noise Management Plan must be prepared by a suitably qualified acoustics consultant where if construction is proposed to exceed 26 weeks. 7. Council may request at any stage an independent report to confirm that any noise emissions are within acceptable limits; such costs are to be borne by the applicant. 8. Where construction vibration has the potential to damage nearby existing buildings, a dilapidation survey of the buildings must be undertaken before and after the construction works. Some of the controls have been reworded to ensure subdivisions are designed to minimise noise and vibration impacts rather than being worded to assume that development will generate impacts. Page 87 F2014/01209

98 Part 9 Specific Land Use Attached Dwellings 1 ATTACHED DWELLINGS This section of the DCP only provides Council s specific requirements for Attached Dwelling development. Other requirements that must be addressed are contained in the relevant general development part (Parts 2 to 7) and/or Area Plans (Parts 10 to 12) of this DCP. Where a conflict exists between this section and the general development part of LM DCP 2014, this section prevails. Groups of structurally independent dwellings built to both boundaries (abutting dwellings) are similar to attached dwellings as defined under the LMLEP 2014, but are not attached by a common wall. Abutting dwellings are considered to be a dwelling house under the LMLEP 2014 definitions, but the controls provided in this part of the LMDCP 2014 are applicable because of the similar built form. 1.2 SITE COVERAGE a. To ensure development maximises permeable surfaces and maintains a balance between built, and unbuilt areas. b. To facilitate on-site stormwater infiltration and harvesting for re-use. c. To incorporate suitable measures to minimise run-off directly accessing the Lake or its waterways. 1. The maximum site coverage for Attached Dwellings, including ancillary development, must not exceed 75%. Note: For the purpose of calculating site coverage, the area of the following is not included: Balconies, decks, patios, pergolas, terraces, or veranda s attached to the building that are not enclosed by a wall higher than 1.4m above the finish floor level, access ramps, eaves, driveways, fences, pathways, paving, water tanks, swimming pools, and spas. Site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage: any basement, This has been added to clarify that the provisions of Section 9.1 of the DCP relating to attached dwellings would also apply to groups of structurally independent dwellings built to both boundaries. This form of housing is becoming more common on small, narrow frontage lots. There is more than one existing site coverage definition in the LM DCP This definition will be used consistently throughout the DCP and is based on the definition of site coverage provided in the Dictionary in LM LEP 2014 with some additional wording taken from the existing provisions in LM DCP Page 88 F2014/01209

99 Part 9 Specific Land Use Attached Dwellings any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary, any eaves, any unenclosed balconies, decks, pergolas and the like. Note: Balconies, decks, pergolas and the like located under the main roof of the building are not considered to be unenclosed and will be included in the site coverage calculation. Note: Site coverage controls operate in tandem with the Stormwater Management, Principal Private Open Space, and Landscaped Area and Design controls in this DCP to ensure that adequate unbuilt area is available for outdoor recreation and for reducing stormwater discharge from the site. Stormwater permeability and integration with the landscape design will be considered when determining whether structures are included in the site coverage calculations. 1.3 LANDSCAPED AREA a. To enable landscape planting in front setback areas that enhances the streetscape. b. To enable landscape planting in side and rear setback areas that enhances residential amenity. c. To conserve significant vegetation, topographical features, and fauna habitat. d. To promote on-site stormwater infiltration by encouraging pervious surfaces and landscaped areas. 1. For Attached Dwelling developments, the minimum landscaped area must be 10% of the total lot area. The landscaped area must have a minimum width of 1.5 metres to be included in the landscaped area calculations. 2. Landscaping should be used to define the entrances to individual dwellings. Note: The landscaped area may be within the front, side or rear setbacks. The landscaped area is in addition to the principle principal private open space requirement. Spelling mistake. Page 89 F2014/01209

100 Part 9 Specific Land Use Attached Dwellings 1.4 PRINCIPLE PRINCIPAL PRIVATE OPEN SPACE a. To ensure that Attached Dwelling developments provide sufficient outdoor areas for residents needs. 1. A Principle Principal Private Open Space with a minimum area of 16m 2 and a minimum width of four metres must be provided for each dwelling. 1.8 SIDE SETBACKS a. To ensure that attached housing is provided in a coordinated manner. b. To ensure a reasonable level of privacy, solar access and natural ventilation. 1. The composition of groups of attached or abutting dwelling lots must be designed to accommodate side setbacks to the end dwellings in each group, as shown in Figure 1 below. The controls for site setbacks and solar access have been added to address development under Clause 4.1A of the LMLEP 2014, to create allotments less than 450 square metres in size. Attached dwellings are permitted with consent in the R3 Medium Density Residential Zone under LMLEP Page 90 F2014/01209

101 Part 9 Specific Land Use Attached Dwellings Figure 1- Example of a group of attached or abutting terraces with side setbacks to the end dwellings 1.9 SOLAR ACCESS a. To ensure that reasonable access to sunlight is maintained for occupants of new and existing dwellings. b. To optimise solar access to habitable living areas. Page 91 F2014/01209

102 Part 9 Specific Land Use Attached Dwellings 1. Attached and abutting dwellings must be located with the rear of the allotment to the north or to the east in order to meet solar access requirements set out elsewhere in this DCP CONSTRUCTION REQUIREMENTS a. To ensure that attached housing is provided in a coordinated manner. 1. Consideration must be given to the construction sequencing of groups of abutting dwellings. Discussions with Urban Growth NSW indicated that structurally independent abutting dwellings do not need to be constructed in sequence, but they generally are for practical reasons. A developer will generally build a set of 3 or 4 abutting dwellings at once. Page 92 F2014/01209

103 Part 9 Specific Land Use Child Care Centres 4 CHILD CARE CENTRES This section of the DCP only provides Council s additional requirements for Child care centres. The development of a Child care centre is required to address other relevant requirements in the relevant general development part (Parts 2 to 7) and/or Area Plan (Parts 10 to 12) of this DCP. Where a conflict exists between this section and the general development part of LM DCP 2014 Revision 3, this section prevails. Note: The Education and Care Services National Regulations 2011 applies to all places where child care is provided. Development for the purpose of a Child care centre must comply with the requirements of this regulation. a. To ensure that child care centres are highly accessible and are safe to access. b. To ensure that child care centres are not positioned near land uses that may be harmful to staff, parents or children. c. To ensure that child care centres are designed appropriately to provide a high quality environment for children in terms of physical, cognitive, social and emotional development. Location and site area 1. A child care centre should be located adjacent to or in the vicinity of community focal points (shopping centres, libraries), useable parklands, schools, sporting grounds, other educational facilities or employment areas. 2. Child care centres should not be located: i. Adjacent to SEPP 33 developments such as petrol stations. If a centre is proposed within metres of such a development, an air quality assessment must be conducted at a time of day which children would usually attend the centre (eg 9am-5pm). This assessment must be submitted with the DA for consideration, ii. Near LPG storage tanks, iii. With pedestrian view of the entrance or exit of an injecting room or drug clinic, Page 93 F2014/01209

104 Part 9 Specific Land Use Child Care Centres iv. With pedestrian view of the entrance or exit of a Sex Services Premises, or v. Adjacent to any other development that may be inappropriate to children. 3. A traffic study is required for any application for a new child care centre and for any application that seeks to increase the number of children at an existing child care centre by 20% or more. 4. A child care centre must not be located on a classified (State) road or a road that carries more than 10,000 vehicles per day. 5. A child care centre should be positioned or designed to minimise the intrusion of non-local traffic in local residential streets. 6. A minimum site area of 1500m 2 should be provided for a Child care centre accommodating less than 50 children and a minimum site area of 2000m 2 for centres accommodating more than 50 children to provide adequate setbacks, landscaping, fencing, acoustic treatments, outdoor activity areas and service areas. Traffic and parking are one of the most significant concerns of local residents when assessing child care centre Development Applications. A traffic study is required to ensure that centres are positioned and designed to minimise the intrusion of non-local traffic in local residential streets. Design 7. Child care centres must be designed to ensure that effective supervision and surveillance can occur in all indoor and outdoor play and activity areas. Areas with low visual surveillance must be eliminated from the design. 8. All buildings and outdoor play areas must be located outside any high voltage electricity supply easements, buffer distances of telecommunication towers, or any other similar utility device. 9. Child care centres must provide high quality integrated outdoor and indoor play areas that are level and well drained, as well as a variety of surfaces to facilitate a range of activities. Surfaces should also provide for safe fall areas, and should be hard-wearing and safe. 10. Where the development is adjacent to residences, potentially noisy activities must be located to minimise noise impacts. 11. Appropriate fencing, screening and landscaping must be provided to maintain the amenity of adjoining properties. 12. Activity areas must be located and designed to gain maximum natural light, avoid afternoon western sun, take advantage of cooling breezes in summer, and minimise exposure to cold winds in winter. Page 94 F2014/01209

105 Part 9 Specific Land Use Child Care Centres 13. Site circulation must be appropriate and safe and accommodate all activities associated with teaching and play both indoors and outdoors. 14. Childproof fencing or doors must be provided between any child accessible area and any area that represents a hazard or danger to children (e.g. Car park, Staff toilet, staff room, kitchen). 15. Adequate car parking must be provided on site without causing unreasonable disturbance to neighbours or limiting the size of outdoor play areas. A reduced number of car parking spaces may be considered where it can be shown that a safe and effective set-down and pick-up area is provided on site that will meet the demands of the child care centre. 16. Set down and pick up car parking areas should be visible from the street and maintain the amenity of adjacent properties. 17. One or more toilet must be provided for every eight children over the age of two, with at least one toilet for children with disabilities. 18. At least one toilet must be provided for children under the age of two years. 19. Where a kitchen is included in the building design it must be of adequate size so to accommodate the following provisions: i. food preparation, ii. food storage cupboards and refrigeration, iii. food trolleys at least one per room, iv. food cooking appliances - including but not limited to an oven, stove, microwave, grill, kettle, toaster, and v. storage of utensils, cookware and children s plates, utensils, cups and jugs 20. Any centre that provides care for children less than two years of age must provide a identified area for bottle preparation. This area should be located within the room to maintain supervision, be inaccessible to children and contain a microwave, refrigerator and appropriate hygiene facilities. 21. Any centre that provides care of children less than 18 months of age must provide a cot for each child less than 18 months old. Page 95 F2014/01209

106 Part 9 Specific Land Use Child Care Centres 22. Doors to the cot room must be wide enough to push an emergency evacuation cot through 23. The cot room must be sufficiently quiet to allow babies to sleep, however provisions must be made to be able to hear babies awakening (eg an intercom). If surrounding walls are adjacent to noisy areas, sound proofing may be required. 24. There must be a viewing window to all cot rooms. 25. Cots must be spaced to allow a comfortable circulation on at least one (drop down / long) side of the cot. Cots must also be spaced sufficiently to reduce the risk of cross infection. 26. Space must be allocated for storage of beds /mattresses for older children. 27. A Crime Risk Assessment must be submitted to Council. See Council s Crime Prevention Through Environmental Design Guideline to this DCP for further information. Outdoor play areas 28. All outdoor play areas must be located away from potential hazards such as roads and car parking areas. Where it is unavoidable to located outdoor play areas away from hazards, adequate protection measures must be implemented such as bollards and barriers. 29. Playground design must be visually interesting and equipment must be ergonomically appropriate and safe for users. 30. The outdoor space must include natural elements, including grass, trees and other plants. These elements must provide shade, opportunities for observation of natural processes, including growth and flowering, and create stimulating and relaxing learning environments. 31. Outdoor areas must provide a range of varied areas including sand, water, open space for running, soft fall area for climbing equipment, private spaces for relaxing. 32. Shade must be provided over at least 60% of play areas between 10am and 3pm all year round. Page 96 F2014/01209

107 Part 9 Specific Land Use Dwelling House in Rural and Environmental Zones 5 DWELLING HOUSE IN RURAL AND ENVIRONMENTAL ZONES This section of the DCP provides Council s specific requirements for dwelling house developments only in RU2, RU4, E2, E3 and E4 Zones. Other requirements are contained in the relevant general development part (Parts 2 to 7) and/or Area Plans (Parts 10 to 12) of this DCP. Where a conflict exists between this section and the general development part of LM DCP 2014 Revision 3, this section prevails. Provisions for dwelling houses in R2 and R3 zones are contained in Part 3 of this DCP. 5.1 SITING OF BUILDINGS a. To ensure that development responds to the existing character of the locality. b. To conserve and enhance native vegetation, vegetation corridors, topographical features, and fauna habitat. c. To facilitate water management, including on-site detention and infiltration of stormwater. d. To maintain residential amenity in terms of privacy, views, solar access and separation. 1. In the RU2, RU4, E2, E3, and E4 zones development must retain significant natural features on the site including mature trees, rocky outcrops, and other major vegetation through the sensitive placement of buildings. 5.2 SETBACKS FOR COMMUNITY TITLE DEVELOPMENT a. To permit the efficient use of land where dwellings are clustered in a community title subdivision. 1. In the RU2 and E3 zones a dwelling located within a subdivision under the Community Land Development Act 1989, must be setback a minimum of: i. 4 metres from the front boundary; and ii. 3 metres from a side boundary; and Page 97 F2014/01209 Part 9, Section 5 of the DCP currently applies to the RU2, E2, E3 and E4 zones, but it should also apply to the RU4 Primary Production Small Lots zone. The chapter has been amended to include the RU4 zone where appropriate.

108 iii. 10 metres from the rear boundary Part 9 Specific Land Use Dwelling House in Rural and Environmental Zones 2. In the RU4 and E4 zone a dwelling located within a subdivision under the Community Land Development Act 1989, must be setback a minimum of: i. 4 metres from the front boundary; and ii. 3 metres from a side boundary; and iii. 5 metres from the rear boundary 5.3 STREET OR ROAD SETBACK a. To ensure that the development complements the existing setback pattern in the locality. b. To permit flexibility for developments that may be vulnerable to the impacts of flooding. 1. In the RU4 and E4 zones: i. Where there are existing neighbouring residential buildings within 100m, the new dwelling must be located between the setback of the two neighbouring residential buildings, and ii. Front setbacks must be a minimum of 10 metres from the front boundary, and 10m from the secondary road boundary on corner lots. 2. In the RU2, E2 and E3 zones: i. Where there are existing neighbouring residential buildings within 100m, the new dwelling must be located between the setback of the two neighbouring residential buildings, and 10m from the secondary road boundary on corner lots. ii. Front setbacks must be a minimum of 20 metres from the front boundary. 3. Where the site is identified as being vulnerable to flooding or expected sea level rise, front setbacks may be reduced to ensure developments are adequately setback from the shoreline. Sections 5.2 to 5.5 of DCP 2014 relating to setbacks do not appear to be a conversion of LMLEP 2004 (Schedule 2 Subdivision Standards) or of LMDCP 2004 (Section 3.2 Subdivision). Control 1 relates to the RU2 and E3 zones (minimum lots sizes of 20ha each), and Control 2 relates to the E4 zone (minimum lot size of 2 ha). In comparison, the RU4 zone has a minimum lot size of 1 ha, so the required setbacks would be similar to the E4 zone. The RU4 zone under LMLEP 2014 was a conversion of the 1(2) Rural (Living) Zone under LMLEP 2004 and the E4 zone is a conversion of the 7(5) Environmental Living Zone. Section of DCP 2004, A 3.2 stated that in Rural (Production), Rural (Living), Environmental (General) and Environmental (Living) zones, the front setback is 20 metres. However, as the E4 zone has been modified to 10 metres in the DCP 2014, it seems appropriate that the RU4 zone should be treated similarly. Page 98 F2014/01209

109 Part 9 Specific Land Use Dwelling House in Rural and Environmental Zones 5.4 SIDE SETBACK e. To provide adequate separation between buildings to ensure a reasonable level of privacy, amenity, and solar access. f. To provide a visual separation between buildings. g. To provide opportunities for the planting of vegetation. 2. In the RU4 and E4 zones side setbacks must be a minimum of 3m. 3. In the RU2, E2 and E3 zones side setbacks must be a minimum of 10m. 5.5 REAR SETBACK e. To ensure opportunities for deep soil landscape planting at the rear of lots. f. To maintain the existing visual continuity and pattern of buildings and landscape elements. g. To provide opportunities to maintain privacy between buildings. 1. In the RU4 and E4 zones rear setbacks must be a minimum of 10 metres. 2. In the RU2, E2, E3, and E4 zones rear setbacks must be a minimum of 20 metres. 3. In the RU2, RU4, E2, E3, and E4 zones outbuildings, garages, carports, swimming pools, spas, decks, terraces and the like must be setback a minimum of 3 metres from the rear boundary. 5.6 BUILDING BULK a. To minimise the visual impact of development when viewed from adjoining properties, the street or road, waterways, and land zoned for public recreation purposes. b. To minimise bulk and scale impacts which contribute to loss of privacy, views and overshadowing. The E4 zone has been removed from Section 5.5, Control 2 because Control 1 already applies to the E4 zone. Page 99 F2014/01209

110 Part 9 Specific Land Use Dwelling House in Rural and Environmental Zones 1. Building height, scale, and roof form must relate to the topography and the existing site conditions. 2. Verandas, recesses, surface treatments, and/or variations in material selection and colour must be utilised to reduce building bulk. 3. Unbroken walls in excess of 15 metres in length or 4 metres in height must be avoided by varying wall alignments, incorporating door and window openings, balconies, awnings, architectural detail or changes in materials to provide visual relief. 4. The scale and massing of landscape planting must be adequate to reduce the visual bulk of development. 5.7 GARAGES, CARPORTS AND SHEDS c. To ensure garages and carports do not dominate the streetscape or landscape setting. In the RU2, RU4, E2, E3, and E4 zones: 8. Garages and carports must be integrated into the design of the dwelling or integrated into the design of an ancillary building. 9. Garages and carports that address the street or road, must not exceed 6 metres or 50% of the dwelling width, whichever is the lesser. 10. Where additional vehicular storage is required, garages and carports that address the street may be extended lengthwise, as opposed to increasing the width at the street. 11. Garages and carports must not be located in the front setback area. 5.8 ROOFS a. To ensure roof forms are designed to complement the local character and topography. b. To ensure roofs are designed to conceal plant and other associated equipment. Page 100 F2014/01209

111 Part 9 Specific Land Use Dwelling House in Rural and Environmental Zones 1. On sloping sites roof planes must step with the topography. 2. Air conditioning units, lift motor rooms, and other plant must be fully integrated within the building volume, within the roof volume, or within an architectural roof feature. 3. Other roof elements such as photovoltaic panels, communication devices, antennae, satellite dishes, chimneys, and flues must not interfere with the outlook of viewers in neighbouring properties or in the public domain. 5.9 ENERGY EFFICIENCY AND GENERATION a. To ensure building orientation maximises solar access and natural cross ventilation. b. To ensure energy efficiency is achieved in all developments. c. To allow opportunities for future installation of renewable energy generation and low carbon technology. d. To minimise the economic impacts of increasing electricity costs and any requirements to disclose energy efficiency when selling or leasing a property. 1. Buildings must be oriented to provide efficient use of solar energy and natural ventilation wherever possible. 2. Dwelling design must consider future potential for renewable energy generation and low carbon technology. 3. Development design should achieve a higher than compliant SEPP BASIX rating to reduce future energy costs VISUAL PRIVACY c. To ensure the design of buildings provides an acceptable level of visual privacy for new and existing dwellings. Page 101 F2014/01209

112 Part 9 Specific Land Use Dwelling House in Rural and Environmental Zones 7. The layout of buildings must be designed to optimise privacy for occupants of both the new dwelling and existing dwellings. 8. The windows of dwellings must be located so they do not provide direct or close views (less than 9m away) into the windows of other dwellings. 9. Dwellings must be designed and orientated so that windows, balconies, and decks are not situated with a direct line of sight to the habitable rooms or private open space of any adjoining dwelling ACOUSTIC PRIVACY a. To ensure that noise emissions do not result in noise intrusion which would be unreasonable for occupants of the development or neighbouring dwellings. 7. Developments near existing noise generating activities, such as roads and industry, must be designed to mitigate the effect of noise on the occupants. 8. Where practical noise sources such as air conditioning units and pumps must be located away from bedrooms and private open space of dwellings in the development and in neighbouring dwellings. 9. Building structures must be designed to minimise the transmission of sound, particularly to sleeping and living areas FRONT FENCES d. To ensure that fencing and retaining walls are compatible with the existing landscape character. In the RU2, RU4, E2, E3 and E4 zones: 7. Front fences and front fence returns, must not exceed 1.2 metres in height and must not be more than 50% solid. Page 102 F2014/01209

113 Part 9 Specific Land Use Dwelling House in Rural and Environmental Zones 8. Front and side return fences must not be lapped or capped timber, or powder coated metal (Colorbond ) fencing SIDE AND REAR FENCES c. To provide privacy and security for residents. d. To ensure that fencing and retaining walls are compatible with the existing landscape character. e. To avoid risks to native fauna. In the RU2, RU4, E2, E3 and E4 zones: 4. Side and rear boundary fences must not exceed 1.8 metres above the existing ground level. 5. The fence design and materials must be sympathetic to local landscape character. 6. The fence design must not cause any adverse risk to native fauna CUT AND FILL d. To minimise the visual impact of ground shaping in sensitive landscapes. e. To ensure that the building design and retaining structures are appropriate for the site conditions with consideration to the slope, stability of the land, visual amenity, and the privacy of adjoining properties. f. To ensure that cut and fill does not significantly alter the flow of water or exacerbate flooding. 12. Cut and fill must only occur within the dwelling and car parking perimeter. 13. Cut must not exceed 1m and fill must not exceed 1m. 14. Cut or fill must not occur within three metres of the allotment boundary. 15. Batter slopes must not exceed a gradient of 1:4. Page 103 F2014/01209

114 Part 9 Specific Land Use Dwelling House in Rural and Environmental Zones 16. All proposed retaining structures in excess of 1m in height must be certified by an engineer, and certification details lodged with the development application. 17. Fill is not permitted in core riparian zones, foreshore areas, or flood storage areas. 18. Where development uses fill, that fill must not contribute to flooding, or pooling of water on other properties. 19. Any fill used must be Virgin Excavated Natural Materials (VENM). Page 104 F2014/01209

115 Part 9 Specific Land Use Dual Occupancy 6 DUAL OCCUPANCY 6.2 SITE COVERAGE a. To ensure development maximises permeable surfaces and maintains a balance between built, and unbuilt areas. b. To facilitate on-site stormwater infiltration and harvesting for re-use. c. To incorporate suitable measures to minimise run-off directly accessing the Lake or its waterways. 1. The maximum site coverage for Dual Occupancy developments, including ancillary development, must not exceed 65%. Note: For the purpose of calculating site coverage, the area of the following is not included: Any basement, Any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary, Any eaves, Unenclosed balconies, decks, pergolas and the like attached to the building that are not enclosed by a wall higher than 1.4 metres above the finished floor level, Site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage: any basement, any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary, any eaves, any unenclosed balconies, decks, pergolas and the like. There is more than one existing site coverage definition in the LM DCP This definition will be used consistently throughout the DCP and is based on the definition of site coverage provided in the Dictionary in LM LEP 2014 with some additional wording taken from the existing provisions in LM DCP Page 105 F2014/01209

116 Part 9 Specific Land Use Dual Occupancy Note: Balconies, decks, pergolas and the like located under the main roof of the building are not considered to be unenclosed and will be included in the site coverage calculation. Note: Site coverage controls operate in tandem with the Stormwater Management, Principal Private Open Space, and Landscaped Area and Design controls in this DCP to ensure that adequate unbuilt area is available for outdoor recreation and for reducing stormwater discharge from the site. Stormwater permeability and integration with the landscape design will be considered when determining whether structures are included in the site coverage calculations. 6.4 STREET SETBACKS a. To ensure that the development complements the existing setback pattern in the locality. b. To define the street edge and provide definition between public and private space. c. To encourage entries, windows, balconies and living areas that overlook the street. 1. Where there are existing adjoining residential buildings within 40 metres, i. the front setback must be consistent with the established setbacks or, ii. iii. where adjoining building setbacks vary by more than three metres, the front setback must be the same distance as one or other of the adjoining buildings, or: where adjoining buildings vary in setback, development must locate between their setbacks. 2. Where there are no existing (or approved) dwellings within 40 metres of the lot, the front setback must be a minimum of four metres from the front boundary. 3. The secondary street setback for corner allotments must be a minimum of two metres. Note: To determine street setbacks for a dual occupancy on a corner block, the dwelling with a primary and a secondary street frontage must comply with 1, 2 and 3 above. The dwelling with only one street frontage must comply with 1 and 2 above. Section 6.4 has been added to help clarify the street setbacks that apply to a dual occupancy on a corner block. Page 106 F2014/01209

117 Part 9 Specific Land Use Dual Occupancy Figure 3 - Setbacks for dual occupancies on a corner block where adjoining dwellings are present (left) and on dual occupancies where there are no existing adjoining dwellings (right) Page 107 F2014/01209

118 Part 9 Specific Land Use Dual Occupancy 6.5 BUILDING BULK a. To ensure the building bulk of proposed development complements the predominate, or desired future scale of buildings in the street. 1. Detached Dual Occupancy developments should have a minimum of two metres separation between the dwellings. 2. The second dwelling: i. When at the rear of lot, is a maximum of five metres high, or ii. When on the street frontage is compatible with the existing streetscape in height, bulk and scale. Note: Additional separation is required between Detached Dual Occupancy developments on sites with a cross fall, as described in Part 3, Section 3.26 Cut and Fill of the LM DCP In particular, note that the face of a retaining wall must be a minimum of 1m from a common boundary and fences on common boundaries must be built at existing ground level. 6.6 LANDSCAPED AREA a. To enable the planting of vegetation to maintain and enhance the streetscape. b. To enable landscape planting in side and rear setback areas that enhances residential amenity. c. To retain and provide for significant vegetation, habitat for wildlife and to provide continuous vegetation corridors. d. To promote on-site stormwater infiltration by encouraging pervious surfaces and landscaped areas. Added a note to ensure that dual occupancies refer to the cut and fill provisions elsewhere in the DCP. In particular, dual occupancies on sites with a cross fall are required to provide additional separation between buildings to accommodate a 1m setback from a common boundary to any retaining wall. Page 108 F2014/01209

119 Part 9 Specific Land Use Dual Occupancy 1. For Dual Occupancy developments, the minimum landscaped area must be 10% of the total lot area. The landscaped area must have a minimum width of 1.5 metres to be included in the landscaped area calculations. Note: The landscaped area may be within the front, side or rear setbacks. The landscaped area is in addition to the principle principal private open space requirement. A minimum width of three 1.5 metres is required for an area to be included in the landscaped area calculation. Correct spelling mistake and make the note consistent with the control with regard to the minimum width of the landscaped area. Page 109 F2014/01209

120 Part 9 Specific Land Use Foreshore and Waterway Development 7 FORESHORE AND WATERWAY DEVELOPMENT 2.3 JETTIES a. To facilitate waterway recreation through jetty access to boats, where reasonable depth of water can be obtained without dredging. b. To maintain the visual character and natural landscape of Lake Macquarie by reducing the number of jetties within the Lake through the use of shared jetties where adjoining private residences are present. c. To mitigate adverse impacts of jetties on ecological processes and marine life. d. To ensure that jetties do not adversely affect the amenity of the Lake or its foreshore. 1. To avoid the need to establish access rights on the properties Certificate of Title, private domestic jetties must be sited to enable the shared use from at least two adjoining properties i.e. positioned on the shared boundary. 2. Where a jetty (unshared) exists on an adjoining property, written evidence must be provided indicating why sharing of existing jetties is not feasible. 3. Documentation must be submitted, which demonstrates that the proposed development will not adversely affect Lake Ecology ecology or wildlife. 4. Jetties should be constructed of materials to maximise the passage of natural light through the structure to suit circumstances and orientation and should achieve at least 40% light penetration of decking. 5. The length of a jetty must be the shortest of: i. The length necessary to achieve a water depth of 1.2 metres at the jetty end at the Indian Spring Low Water; or ii. Thirty (30) metres into the Lake from the Mean High Water Mark. 6. In addition to Control 5, the applicant must demonstrate that a minimum water depth of 600mm over bare substratum and 900mm over sea grass will be maintained on three sides of the jetty end at the Indian Spring Low Water. If this cannot be met, a jetty is not appropriate for the location. Page 110 F2014/01209

121 Part 9 Specific Land Use Foreshore and Waterway Development 7. The width of the jetty must be at least is to be 1.2 metres with minor variations permitted, but not greater than 1.5 metres, however, additional width is permitted to accommodate the use of prefabricated materials, provided the variation is minimised. 8. The jetty end must be at least 1.8 x 2.4 metres with neither of these dimensions exceeding 4.2 metres, however, additional length or width is permitted to accommodate the use of pre-fabricated materials, provided the variation is minimised.. The length of a jetty (L) or (T) end must be at least 2.4 metres but not more than 4.2 metres. The width of a jetty (L) or (T) end must not exceed 1.8 metres. 9. Prefabricated materials must be laid in such a way as to avoid creating a hazard for people using a wheelchair. 10. The finished surface of a domestic jetty must be at least 600 mm but not more than 750 mm above the mean high water level. 11. To minimise visual impact, no component of the jetty should protrude more than 300mm above the finished surface of a jetty. Any necessary protrusions must be positioned to mitigate risk to users. 12. Public access along the Lake foreshore must not to be impeded. 13. Jetties must not comprise solid fill structures or groynes in whole, or in part. 14. Community jetties must be for the shared use of six or more properties, and must not be within 500 metres of another community jetty. 15. Community jetties must have frontage to a Foreshore Public Reserve or other suitable public access. 16. A written agreement must be submitted, which outlines use, insurance, and maintenance of shared jetties. Licence holders of a community jetty must provide documented evidence of a public risk insurance policy of at least $10 million. Control 7 has been amended to accommodate the pre-fabricated thruflow material which measures 1.22m wide, without permitting jetties up to 1.5m wide. Control 8 has been re-worded to provide clarity. Page 111 F2014/01209

122 Part 9 Specific Land Use Multiple Dwelling Housing 11 MULTIPLE DWELLING HOUSING 11.2 SITE COVERAGE a. To ensure development maximises permeable surfaces and maintains a balance between built, and unbuilt areas. b. To facilitate on-site stormwater infiltration and harvesting for re-use. c. To incorporate suitable measures to minimise run-off directly accessing the Lake or its waterways. 1. The maximum permitted site coverage at the ground floor is 65% of the site area. Note: For the purpose of calculating site coverage, the area of the following is not included: Balconies, decks, patios, pergolas, terraces, or veranda s attached to the building that are not enclosed by a wall higher than 1.4m above the finish floor level, access ramps, eaves, driveways, farm buildings, fences, pathways, paving, water tanks, swimming pools, and spas. Site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage: any basement, any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary, any eaves, any unenclosed balconies, decks, pergolas and the like. Note: Balconies, decks, pergolas and the like located under the main roof of the building are not considered to be unenclosed and will be included in the site coverage calculation. There is more than one existing site coverage definition in the LM DCP This definition will be used consistently throughout the DCP and is based on the definition of site coverage provided in the Dictionary in LM LEP 2014 with some additional wording taken from the existing provisions in LM DCP Note: Site coverage controls operate in tandem with the Stormwater Management, Principal Private Open Space, and Landscaped Area and Design controls in this DCP to ensure that adequate unbuilt area is available for outdoor recreation and for reducing stormwater discharge from the site. Stormwater permeability and integration Page 112 F2014/01209

123 Part 9 Specific Land Use Multiple Dwelling Housing with the landscape design will be considered when determining whether structures are included in the site coverage calculations SIDE SETBACKS a. To provide adequate separation between buildings to ensure that a reasonable level of privacy, amenity and solar access is maintained. b. To provide visual separation between buildings. c. To provide opportunities for the planting of vegetation. 1. Above ground structures must not encroach on the side boundary setback of multi dwelling housing developments. 2. For multi dwelling housing that adjoins the R2 zone, side setbacks must be: i. A minimum of three metres for building wall heights up to 4.5m. ii. iii. A minimum of six metres for building wall heights over 4.5m. A minimum of nine metres for elements of buildings over two storeys in height. This control was previously contained in Part 3 Residential Development, but is better suited to being in Part 9.13 Specific Land Use Residential Flat Buildings LANDSCAPED AREA a. To enable landscape planting in the front setback areas that enhances the streetscape. b. To enable landscape planting in the side and rear setback areas that enhances residential amenity. c. To conserve significant vegetation. d. To promote on-site stormwater infiltration by encouraging pervious surfaces and landscaped areas. Page 113 F2014/01209

124 Part 9 Specific Land Use Multiple Dwelling Housing 2. Development must provide a landscape area that is at least 10% of the total lot area. 3. An area must have a minimum width of 2 metres to be included in the landscape area calculations. 4. Where a multiple dwelling housing development is proposed to directly adjoin land zoned R2 Residential an additional landscaped area with a minimum area of 10% of the total lot area must be provided along the full length of the boundary with the R2 Residential Zone. 5. Pervious surfaces selected for the purpose of stormwater infiltration must be designed by a suitably qualified engineer. Note: The landscaped area is in addition to the principle principal private open space requirement PRINCIPLE PRINCIPAL PRIVATE OPEN SPACE Note: Refer to Council s Landscape Design Guideline for further details and requirements. a. To ensure that Multiple Dwelling Housing developments provide sufficient outdoor areas for occupants needs. 1. A Principle Principal Private Open Space with a minimum area of 16m 2 and a minimum width of 4 metres must be provided for each dwelling containing 1 or 2 bedrooms. 2. A Principle Principal Private Open Space with a minimum area of 25m 2 and a minimum width of 4 metres must be provided for each dwelling containing 3 or 4 bedrooms. Correct spelling mistake ADAPTABLE DWELLINGS a. To ensure that developments incorporate housing that is accessible to all members of the community. 1. For proposals with more than 10 dwellings, one adaptable dwelling must be provided for every 10 dwellings. Page 114 F2014/01209

125 Part 9 Specific Land Use Multiple Dwelling Housing 2. Adaptable dwellings must have a car park linked to the dwelling by an unobstructed path of travel at a suitable gradient for wheelchair access. 3. Adaptable dwellings must have entries, doors, and passageways that are of suitable dimensions to facilitate wheelchair access. 4. Adaptable dwellings must be designed and constructed to meet the performance requirements stated in Clause 2.2 and to include the essential features listed in Appendix A of AS Note: An adaptable dwelling is designed in such a way that it can be modified easily in the future to become accessible to people with disabilities or progressive frailties. Adaptable housing units / dwellings should be constructed in accordance with AS 4299, so a reference was added in the DCP. Page 115 F2014/01209

126 Part 9 Specific Land Use Residential Flat Buildings 13 RESIDENTIAL FLAT BUILDINGS 14.3 SIDE SETBACK a. To provide adequate separation between buildings to ensure that a reasonable level of privacy, amenity and solar access is maintained. b. To provide visual separation between buildings. c. To provide opportunities for the planting of vegetation. 1. Side setbacks for Residential Flat Buildings must be a minimum of three metres. 2. Above ground structures must not encroach on the side boundary setback of residential flat buildings. 3. For residential flat buildings that adjoin the R2 zone, side setbacks must be: i. A minimum of three metres for building wall heights up to 4.5m. ii. A minimum of six metres for building wall hieghts over 4.5m. iii. A minimum of nine metres for elements of buildings over two storeys in height. Note: Additional setbacks may be required under SEPP 65 Design Quality of Residential Flat Development. This control was previously contained in Part 3 Residential Development, but is better suited to being in Part 9.13 Specific Land Use Residential Flat Buildings SITE COVERAGE a. To ensure that development maximises permeable surfaces, and maintains a balance between built and unbuilt areas. b. To facilitate on-site stormwater infiltration and harvesting for re-use. c. To incorporate suitable measures to minimise run-off directly accessing the lake or its waterways. Page 116 F2014/01209

127 Part 9 Specific Land Use Residential Flat Buildings 1. The maximum site coverage for Residential Flat Buildings, including ancillary development, must not exceed 65%. Note: For the purpose of calculating site coverage, the area of the following is not included: Balconies, decks, patios, pergolas, terraces, access ramps, eaves, driveways, farm buildings, fences, pathways, paving, water tanks, swimming pools and spas, or verandas attached to the building that are not enclosed by a wall higher than 1.4 metres above the finish floor level. Site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage: any basement, any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary, any eaves, any unenclosed balconies, decks, pergolas and the like. Note: Balconies, decks, pergolas and the like located under the main roof of the building are not considered to be unenclosed and will be included in the site coverage calculation. There is more than one existing site coverage definition in the LM DCP This definition will be used consistently throughout the DCP and is based on the definition of site coverage provided in the Dictionary in LM LEP 2014 with some additional wording taken from the existing provisions in LM DCP Note: Site coverage controls operate in tandem with the Stormwater Management, Principal Private Open Space, and Landscaped Area and Design controls in this DCP to ensure that adequate unbuilt area is available for outdoor recreation and for reducing stormwater discharge from the site. Stormwater permeability and integration with the landscape design will be considered when determining whether structures are included in the site coverage calculations LANDSCAPE AREA a. To enable landscape planting in the front setback that enhances the streetscape. b. To enable landscape planting in the side and rear setback that enhances residential amenity. c. To conserve significant vegetation. d. To promote on-site stormwater infiltration by encouraging pervious surfaces and landscaped areas. Page 117 F2014/01209

128 Part 9 Specific Land Use Residential Flat Buildings 1. Development must provide a landscape area that is at least 20% of the total lot area. 2. At least half of the required landscape area must be suitable for deep soil planting. 3. An area must have a minimum width of three metres to be included in the landscape area calculations. 4. Where a residential flat building development is proposed adjacent to land zoned R2 Residential, an additional landscaped area with a minimum area of 10% of the total lot area must be provided along the R2 zone boundary. Note: The landscape area is in addition to the principle principal private open space requirement PRINCIPLE PRINCIPAL PRIVATE OPEN SPACE a. To ensure that Residential Flat Building developments provide sufficient outdoor areas for residents needs. 1. A Principle Principal Private Open Space in the form of a balcony with a minimum area of 8m 2 and a width of 2 metres must be provided for all dwellings. Development that seeks to vary from this minimum must demonstrate negative impacts cannot be satisfactorily mitigated with design solutions. 2. Where the above cannot be provided for all dwellings, a communal open space with a minimum area of 40m 2 and a minimum dimension of 5 metres should be provided. 3. Communal open space should be provided principally at ground level, except where retail and office uses are required at ground level. Note: The communal open space may consist of a communal pool, tennis court, playground area, barbeque area or similar recreational facilities. Correct spelling mistake ADAPTABLE DWELLINGS a. To ensure that developments incorporate housing that is accessible to all members of the community. Page 118 F2014/01209

129 Part 9 Specific Land Use Residential Flat Buildings 1. For proposals for more than 10 dwellings, one adaptable dwelling must be provided for every 10 dwellings. 2. Adaptable dwellings must have a car park linked to the dwelling by an unobstructed path of travel, at a suitable gradient for wheelchair access. 3. Adaptable dwellings must have entries, doors and passageways that are of suitable dimensions to facilitate wheelchair access. 4. Adaptable dwellings must be designed and constructed to meet the performance requirements stated in Clause 2.2 and to include the essential features listed in Appendix A of AS Note: An adaptable dwelling is designed in such a way that it can be modified easily in the future to become accessible to people with disabilities or progressive frailties. Adaptable housing units / dwellings should be constructed in accordance with AS 4299, so a reference was added in the DCP. Page 119 F2014/01209

130 Part 9 Specific Land Use Secondary Dwelling 14 SECONDARY DWELLING 14.3 SITE COVERAGE a. To ensure that development allows permeable surfaces and maintains a balance between built and unbuilt areas. b. To ensure that secondary dwelling development complements the density and built character of the area. 1. The maximum site coverage of the principal dwelling and secondary dwelling on a lot must be less than: i. 55% for lots less than 900m 2 in area, ii. 45% for lots between 900m 2 and 1500m 2 in area, iii. 35% for lots more than 1500m 2 in area. Note: For the purpose of calculating site coverage, the area of balconies, decks, patios, pergolas, terraces, access ramps, eaves, driveways, fences, pathways, paving, water tanks, swimming pools or spas, or verandas attached to the building that are not enclosed by a wall higher than 1.4 metres above the finished floor level are not included. Site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage: any basement, any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary, any eaves, any unenclosed balconies, decks, pergolas, patios, terraces or verandas and the like attached to the building that are not enclosed by a wall higher than 1.4 metres above the finished floor level, and any access ramps, driveways, fences, pathways, paving, water tanks, swimming pools, and spas. Correct spelling mistake. There is more than one existing site coverage definition in the LM DCP This definition will be used consistently throughout the DCP and is based on the definition of site coverage provided in the Dictionary in LM LEP 2014 with some additional wording taken from the existing provisions in LM DCP Note: Balconies, decks, pergolas and the like located under the main roof of the building are not considered to be unenclosed and will be included in the site coverage calculation. Page 120 F2014/01209

131 Part 9 Specific Land Use Secondary Dwelling Note: Site coverage controls operate in tandem with the Stormwater Management, Principal Private Open Space, and Landscaped Area and Design controls in this DCP to ensure that adequate unbuilt area is available for outdoor recreation and for reducing stormwater discharge from the site. Stormwater permeability and integration with the landscape design will be considered when determining whether structures are included in the site coverage calculations PRINCIPLE PRINCIPAL PRIVATE OPEN SPACE a. To ensure that occupants of secondary dwellings have access to private open space to support independent living. b. Ensure the private open space is usable, functional and easily accessible for occupants. 1. Secondary dwellings separate from the principal dwelling must have a minimum area of principle principal private open space of 16m 2. The principle principal private open space must be: i. on a grade less than 1:50, and ii. have a minimum dimension of three metres, and iii. directly accessible from a habitable room of the secondary dwelling. 2. Principle Principal private open space is not mandatory for secondary dwellings attached to or within the principal dwelling PRIVACY AND AMENITY a. To ensure adequate privacy is provided to occupants of secondary dwellings and the principal dwelling. 1. A landscaped area at least 2 metres wide must be planted between the principal dwelling and the principle principal private open space of the detached secondary dwelling to provide suitable privacy screening. Page 121 F2014/01209

132 Part 9 Specific Land Uses Development under Clause 4.1A of the LMLEP DEVELOPMENT UNDER CLAUSE 4.1A OF THE LMLEP 2014 This section of the DCP sets out specific requirements for residential development under Clause 4.1A of the LM LEP Refer to Part 8 Subdivision for specific requirements for subdivision under Clause 4.1A of the LMLEP Other requirements that must be addressed are contained in the relevant general development part (Parts 2 to 7) and/or Area Plans (Parts 10 to 12) of this DCP. Where a conflict exists between this section and the general development part of DCP, this section prevails GENERAL CONTROLS FOR DEVELOPMENT UNDER CLAUSE 4.1A OF THE LMLEP 2014 The following general controls apply to residential development under Clause 4.1A of the LMLEP 2014 in both the R2 and R3 zones, for dwelling houses, attached dwellings and semi-detached dwellings. Further requirements specific to subdivision and attached dwellings under Clause 4.1A of LMLEP 2014 are be contained in Part 8 Subdivision and Section 9.1 Attached Dwellings of the LMDCP STREETSCAPE a. To promote diverse and varied streetscapes. 1. Front alignments and articulation to front facades must provide varied rather than uniform building lines to the main street frontage REAR SETBACK a. To maintain the visual continuity and pattern of buildings and landscape elements. b. To provide sufficient space for outdoor living areas. 1. Garages and ancillary dwellings adjacent to a rear lane may be built to the rear boundary. Note: Refer to Section 3.5 of Part 3 Development within Residential Zones of LMDCP 2014 for provisions relating to building to the boundary. This new DCP chapter provides controls for development under Clause 4.1A of the LMLEP 2014, which permits the subdivision and development of lots smaller than 450 square metres in size. The proposed controls are based on a literature review and best practice for small lot housing development. Additional draft controls for development under Clause 4.1A are also provided in Part 8 Subdivision of the LMDCP 2014 and Part 9.1 Attached Dwellings. controls regarding building to the boundary, which is most commonly applied to small and narrow lots, are provided in Part 3 Residential Development. Page 122 F2014/01209

133 Part 9 Specific Land Uses Development under Clause 4.1A of the LMLEP GARAGES, CARPORTS AND SHEDS a. To reduce the visual impact of garages, carports and sheds on the streetscape and improve dwelling presentation. b. To ensure garages do not dominate the streetscape. 1. Garage doors must be visually recessive through use of materials, colours, overhangs and the like. 2. Where the lot width is greater than 12m, dwellings may have a double garage on the street frontage if they do not dominate the streetscape and visually recessive. 3. Where the lot width is less than 12m, single width garages only are permitted on the street frontage. 4. The finished floor level of the garage may be slightly lower than the dwelling to reduce the driveway gradient but not basement or semi basement. Note: The width of a lot is measured at the front building line DESIGN OF DRIVEWAYS STREET TREES AND ON STREET CAR PARKING a. To minimise the visual impact of driveways on the streetscape. b. To provide practical and safe access and egress to dwellings. c. To minimise the impact of driveways on on-street car parking. 1. The location of driveways must be determined with regard to the location of utilities infrastructure, street tree planting and to maximise the availability of on-street parking UTILITIES a. To identify utility requirements and new infrastructure at an early stage of development. b. To ensure utilities structures are integrated in the site planning and design of development. Page 123 F2014/01209

134 Part 9 Specific Land Uses Development under Clause 4.1A of the LMLEP The location of utilities, including gully pits, water meters, power pillars, communications pits, underground services and manholes must not interfere with driveways or driveway crossovers of narrow frontage lots ACCESSIBILITY OF DWELLINGS a. To ensure that developments incorporate housing that is accessible to all members of the community. 1. For proposals with more than 10 dwellings, one dwelling in every 10 must be designed as an adaptable dwelling. 2. Adaptable dwellings must have a car park linked to the dwelling by an unobstructed path of travel, at a suitable gradient for wheelchair access. 3. Adaptable dwellings must have entries, doors and passageways that are of suitable dimensions to facilitate wheelchair access. 4. Each dwelling must have an individual entrance at ground level, which is direct to a public road CUT AND FILL a. To ensure development is on a stable site. b. To minimise the impact on groundwater flow. c. To ensure that development does not concentrate surface water flows to adjoining properties. d. To minimise the extent of earthworks, stormwater infrastructure and retaining structures and the associated costs. e. To minimise the cost of future maintenance works required for retaining structures. f. To maintain amenity and privacy for residents of the new dwelling and adjoining dwellings. g. To ensure that fences are constructed on existing ground. Page 124 F2014/01209

135 Part 9 Specific Land Uses Development under Clause 4.1A of the LMLEP Benching of allotments created under Clause 4.1A of LMLEP 2014 is permitted at the subdivision stage if: i. The height of any retaining walls does not exceed 1.5 metres; ii. iii. iv. All retaining wall designs include a sub-soil drainage system; Retaining walls are permitted near allotment boundaries but must be located entirely on one lot, including all necessary sub-soil drainage; Retaining walls are designed to accommodate the stormwater surcharge loading of future dwellings, or a restriction will be placed on the lots to ensure that buildings are not built within the influence zone of the retaining wall; v. Retaining walls are constructed of decorative masonry or similar high quality materials; vi. The side-to-side crossfall on the resulting benched lots does not exceed 5%. Note: Benching is excavation and / or filling of the natural slope of land to create flat building sites. The earthworks are held in place by a retaining wall or a batter / slope. Note: Where retaining walls are proposed at the development application stage, the provisions under Section 3.27 of Part 3 of the DCP apply and the retaining wall must be offset from the allotment boundary DWELLING HOUSES & SEMI-DETACHED DWELLINGS UNDER CLAUSE 4.1A OF LMLEP 2014 Under the LMLEP 2014, dwelling house means a building containing only one dwelling. A dwelling house usually takes the form of a single detached dwelling on its own allotment. Clause 4.1A of the LMLEP 2014 permits the subdivision of land to create lots smaller than the Minimum Lot Size Map for the R2 and R3 zones in certain circumstances SITE COVERAGE a. To ensure density of development is in keeping with the existing or desired future street character. Page 125 F2014/01209

136 Part 9 Specific Land Uses Development under Clause 4.1A of the LMLEP 2014 b. To provide sufficient area around a dwelling for access ways, private open space and landscape planting. c. To maximise the potential for on-site stormwater retention. 1. Site coverage must allow sufficient soft landscaped area to absorb water on site, reducing the load on stormwater drains and local waterways. 2. The maximum site coverage, including ancillary development, must not exceed 50%. 3. An increase in site coverage to a maximum of 70%, including ancillary development, may be permitted where the dwelling is single storey and meets the requirements for adaptable housing. The design of such dwellings must ensure that garages do not dominate the street frontage. Note: Site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage: any basement, any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary, any eaves, any unenclosed balconies, decks, pergolas and the like. Note: Balconies, decks, pergolas and the like located under the main roof of the building are not considered to be unenclosed and will be included in the site coverage calculation. Note: Site coverage controls operate in tandem with the Stormwater Management, Principal Private Open Space, and Landscaped Area and Design controls in this DCP to ensure that adequate unbuilt area is available for outdoor recreation and for reducing stormwater discharge from the site. Stormwater permeability and integration with the landscape design will be considered when determining whether structures are included in the site coverage calculations PRINCIPAL PRIVATE OPEN SPACE Page 126 F2014/01209

137 Part 9 Specific Land Uses Development under Clause 4.1A of the LMLEP 2014 a. To ensure that dwellings are provided with functional, well located areas of private open space. b. To ensure that private open space is integrated with, and is directly accessible from the living areas of a dwelling. c. To ensure that private open space receives sufficient solar access and privacy. d. To minimise adverse impacts on the private outdoor space of adjoining dwellings. 1. A lot with a width, measured at the front building line, of at least 6m but less than 10m, must have at least 16m² of principal private open space. The principal private open space must have a minimum dimension of 3m and a grade less than 1: A lot with a width, measured at the front building line, of 10m or more, must have at least 24m² of principal private open space. The principal private open space must have a minimum dimension of 4m and a grade less than 1: LANDSCAPE AREA a. To provide areas of landscape planting that improve visual amenity, privacy, outlook, views and recreational opportunities for residents and occupants within a development b. To enable landscape planting in front setback areas that enhances the streetscape. c. To enable landscape planting in rear setback areas that enhances residential amenity. d. To ensure landscape areas are integrated into the design of the development. e. To promote on-site stormwater infiltration by encouraging pervious surfaces and landscaped areas. f. To conserve significant vegetation, topographical features and fauna habitat. 1. A lot on which development is carried out under Clause 4.1A of the LMLEP 2014 must have a landscaped area of at least the following: Page 127 F2014/01209 i. If the lot has an area of at least 200m² but not more than 300m² - 10% of the area of the lot, ii. If the lot has an area of at least 300m² but not more than 450m² - 15% of the area of the lot,

138 Part 9 Specific Land Uses Development under Clause 4.1A of the LMLEP The landscaped area must have a minimum width of 1.5m to be included in the landscaped area calculations. 3. Landscaping must be used to define the entrances to individual dwellings, as follows: i. If the lot has a width, measured at the building line, of more than 18 metres, at least 50% of the area forward of the building to the primary road must be landscaped, ii. If the lot has a width, measured at the building line, of not more than 18m, at least 15% of the area forward of the building line to the primary road must be landscaped. 4. On corner lots, landscaping in the front setback must continue around the corner into the secondary setback. Note: The landscaped area may be within the front, side or rear setbacks. The landscaped area is in addition to the principle private open space requirement REQUIREMENTS UNDER CLAUSE 4.1A(4) This section provides specific requirements for an application prepared in accordance Clause 4.1A(4) of the LM LEP 2014, including the preparation of a site specific DCP. a. To demonstrate that all residential lots created can be developed to achieve a high level of amenity for the subject lot and for neighbouring lots. b. To ensure that development on smaller lots is undertaken in a coordinated manner. 1. An application seeking to satisfy Clause 4.1A (4) of the LMLEP 2014 is to include the following information: i. A character statement, ii. iii. A Site Analysis Plan, Building Envelope Plans and / or Subdivision Design Plans (see Figures 1 and 2 below for examples) showing the following detail: The front, side and rear building setbacks, including articulation zones, Page 128 F2014/01209

139 Part 9 Specific Land Uses Development under Clause 4.1A of the LMLEP 2014 iv. Lot widths and depths, The location of any zero lots lines, The preferred locations for principal private open space, including an area that meets the solar access requirements of the DCP, The indicative ground floor and second floor building zones, The preferred locations for garages, The minimum yield required for any large allotment and / or residual housing development under Clause 4.1A(3)(a) or (b), Where it is proposed to build dwellings to the boundary on both sides, consideration must be given to the construction sequencing and how this will be achieved, Utility easements, and The location of any major benching or retaining walls. An indication of how the subdivision design and proposed building zones respond to site topography and landscape features, v. Any site specific development controls for the area. Page 129 F2014/01209

140 Part 9 Specific Land Uses Development under Clause 4.1A of the LMLEP 2014 Figure 1 - Example of a Building Envelope Plan Page 130 F2014/01209

141 Part 9 Specific Land Uses Development under Clause 4.1A of the LMLEP 2014 Figure 2 - Example of a Subdivision Design Plan Page 131 F2014/01209

142 Part 10 Town Centre Area Plans Pambulong Forest Part 10 Town Centre Area Plans - Pambulong Forest REPEALED TABLE OF CONTENTS: 1 INTRODUCTION LAND TO WHICH THIS PLAN APPLIES CHARACTER STATEMENT SUBDIVISION DESIGN AND LAYOUT LANDSCAPING THE PRIVATE REALM FIGURES: FIGURE 1 - PAMBULONG FOREST AREA PLAN BOUNDARY FIGURE 2 - PAMBULONG FOREST STRUCTURE PLAN FIGURE 3 - EXAMPLE OF DWELLING TYPE FIGURE 4 - DESIGN PLAN (EXAMPLE OF FIRST STAGE) The whole of the Pambulong Forest Town Centre Area Plan has been removed from the DCP because subdivision of this area is complete. Text has been added to state that the chapter has been repealed, to avoid having to change the chapter numbering throughout the DCP. Page 132 F2014/01209

143 Part 10 Town Centre Area Plans Pambulong Forest 2 INTRODUCTION Pambulong Forest is a new community being developed between West Wallsend and Edgeworth. Pambulong Forest s challenge is to create a new community that is proud of its physical environment. It seeks to capitalise on the technological advances promised for the 21st Century whilst developing and responding to community values. Pambulong Forest has been identified as requiring specific development solutions to address local environmental conditions, and to ensure that the character of the area develops in line with desired potential. This area plan provides guidance for the development of the Pambulong Forest precinct. 2.3 LAND TO WHICH THIS PLAN APPLIES This Area Plan applies to all the land outlined in heavy black edging, as shown within Figure 1 Pambulong Forest Area Plan Boundary. Pambulong Forest Area Plan Boundary 2.3 CHARACTER STATEMENT The urban form has been designed to respond to the site, and to the requirements of the future residents and users of the area. The town centre will provide a wide range of facilities, and act as the commercial and social heart of the development. Surrounding it is an area of higher density housing catering for those who prefer to live in an accessible location in low maintenance dwellings. Thereafter, a range of housing types radiate out towards the forested perimeter. These housing areas are clearly defined by landscape links along drainage lines and ridges. All houses are within 150 metres of open space. Collector roads ensure that all housing is within 500 metres of a main bus route and a link to the regional road network. Most housing will be on a network of shared vehicle, pedestrian and cycle routes, where traffic speeds are low and pedestrians have priority. This allows all residents and visitors to use the roads safely. It also enables the residents to use the street as part of their everyday environment. A cycleway links to the regional routes, and provides alternate access to houses. Page 133 F2014/01209

144 Part 10 Town Centre Area Plans Pambulong Forest Each stage of development must be controlled by a Design Plan to ensure that the concept of Pambulong Forest is realised. Pambulong Forest Structure Plan Page 134 F2014/01209

145 Part 10 Town Centre Area Plans Pambulong Forest 2.3 SUBDIVISION DESIGN AND LAYOUT d. To ensure that the subdivision and development of Pambulong Forest is undertaken in a coordinated manner. 2. The subdivision layout should generally be consistent with Figure 2 - Pambulong Forest Structure Plan. 3. A precinct Design Plan for the Pambulong Forest must be submitted with any application for subdivision. The design plan should include provisions for front setbacks, location of roads, cycleways, and pedestrian links, and for the retention of vistas. 2.3 LANDSCAPING a. To provide a matrix of landscape links throughout Pambulong Forest. b. To provide a series of cycleway links throughout Pambulong Forest. 3. Landscape links should generally be consistent with Figure 2 - Pambulong Forest Structure Plan. 4. Cycleways should be incorporated within any subdivision of the land, and be generally consistent with Figure 2 - Pambulong Forest Structure Plan. 2.3 THE PRIVATE REALM b. A Design Plan is prepared for all sites where the subdivision and erection of more than two dwellings is proposed. c. All dwellings contribute positively to the streetscape. 1. The Design Plan includes: Page 135 F2014/01209

146 Part 10 Town Centre Area Plans Pambulong Forest the design of the roads giving direct access to the dwellings; the number of houses, their type and location; access and car parking arrangements; setbacks, which can be down to zero in appropriate circumstances (See Figure 3 Dwelling Types); type of fencing, which can be along any lot boundary; the orientation of dwellings and the location of private open space and main living rooms; landscape, building materials, and colour palettes; specific trees or other features to be preserved or retained; vista and pedestrian links through the area are retained and enhanced. Note: Refer to Figure Unless otherwise provided for in the relevant Design Plan, dwellings have: a minimum front setback to the dwelling of 3.5 metres, except for a verandah, porch, or balcony which may be setback at a minimum of 1.7 metres; a minimum front setback to a garage fronting the street of 5.5 metres; garages fronting the street are setback at least 0.6 metres behind the front alignment of the dwelling or immediately abutting a verandah; a verandah, porch or balcony are at least 50 percent of the total front façade of the building, excluding the garage; roof pitches of 26 degrees or greater. Example of dwelling type Design Plan (example of first stage) Page 136 F2014/01209

147 Page 137 F2014/01209 Part 10 Town Centre Area Plans Pambulong Forest

148 Part 11 Heritage Area Plans Morisset Hospital Grounds Part 11 Heritage Area Plans Morisset Hospital Grounds 1 INTRODUCTION 1.1 BACKGROUND The Morisset Hospital was first established as an asylum for the insane. Today the role of the hospital and associated buildings and grounds has changed, and diversified land uses may occur in the future. The Morisset hospital grounds and farm have been identified as requiring specific development solutions to suit the existing character and address local issues. Solutions relating to heritage can be achieved by the preparation of a Conservation Management Plan, which will in turn provide the guidelines for future development. Note: This Area Plan should be read in conjunction with Lake Macquarie City Council Heritage Guidelines, which provide additional development guidelines for Heritage Precincts. 1.2 LAND TO WHICH THIS PLAN APPLIES This Area Plan applies to all the land outlined in heavy green edging, as shown within Figure 1 Morisset Hospital Grounds Heritage Precinct. Note: For heritage items or potential heritage sites located within the Heritage Precinct, refer to LM LEP 2013 and Lake Macquarie City Council Heritage Guidelines respectively. Page 138 F2014/01209

149 Part 11 Heritage Area Plans Morisset Hospital Grounds Img_177 Morisset Hospital Grounds Heritage Precinct Page 139 F2014/01209

150 Part 11 Heritage Area Plans Morisset Hospital Grounds 1.3 HISTORY AND EXISTING CHARACTER On 25 August 1900, a Government Gazette proclaimed that 1244 acres on the shores of Lake Macquarie had been reserved for an Asylum for the Insane. The Hospital is approximately 3.5 kilometres southeast of the town of Morisset and 45 kilometres southwest of Newcastle. The site extends from Lake Macquarie in the east to the Great Northern Railway in the west. The northern boundary is Fishery Point Road and Morisset Park Road. Building work began in 1906 with a jetty, then a dam. The first ward was finished and occupied by 1909, with 78 male patients. Other wards followed, and by 1960 the number of patients had grown to The most significant construction periods were , and in the 1930s. Morisset Hospital for the Insane was the second most important such institution to be built in New South Wales outside the Sydney area. In the 1930s, the first prison specifically set up for the criminally insane was established on the site. The whole development was extraordinary. It combined an idyllic concept of natural beauty as a catalyst for mental healing with a Nineteenth Century ideal of labour as a healing instrument, and the practice of isolating those considered abnormal. The concept of beautiful surroundings was also embodied in some of the buildings, though not necessarily those inhabited by patients. Significant items include 26 buildings, trees and vegetation groups, a dam, a jetty, the farms and native fauna. The developed hospital grounds are in two quite distinct sections. The large area of the general Hospital for the Insane is beautifully landscaped, with grounds sloping down to the waters of the Lake on the east. The much smaller area of the Hospital for the Criminally Insane is isolated in a cleared patch of bushland, and walled like a medieval city. Apart from cleared land between Pourmalong Creek and Morisset Park Road and the landscaped grounds of the Hospital, most of the site is bushland. The cleared land is or was probably part of the original Industrial Farm Colony for Suitable Patients proposed in There are almost 100 buildings within the hospital grounds. Bushland on the site is important habitat for Regent Honeyeaters and Swift Parrots. The Swift Parrots and Regent Honeyeaters in Lake Macquarie City Council area New South Wales report, prepared by Birdlife Australian for Lake Macquarie City Council, dated June 2014, identifies the Morisset Hospital Grounds Heritage Area as containing bushland with the most numerous and most recent records of Regent Honeyeater numbers recorded in Lake Macquarie. Records also show that Swift Parrots use the site. Page 140 F2014/01209

151 Part 11 Heritage Area Plans Morisset Hospital Grounds 1.4 SPECIFIC ISSUES RELATING TO THIS LOCALITY Future development within the Morisset Hospital Grounds and Farm will need to consider: The sense of social identity resulting from the Hospital and Aboriginal history. The physical boundaries of the locality. Sensitive elements of the local topography and the existing farm and hospital. The importance of the bushland on the site as Regent Honeyeater and Swift Parrot habitat. 1.5 DEVELOPMENT DESIGN a. To safeguard the heritage, and cultural and ecological values of the Morisset Hospital grounds. b. To ensure that development complements the existing local architectural style, decoration and adornments. c. To ensure that development does not detract from the significance of the dominant cultural and natural elements of the grounds. 1. A Conservation Management Plan for the entire Morisset Hospital Grounds site must be submitted and approved by Council for any development that may impact on the heritage or cultural values of the grounds. 2. Development proposals must have a bulk, form and scale that is consistent with, and compliments the historic development of the Morisset Hospital Grounds. 3. Development must provide a delineated buffer to the historic uses of the land and its curtilage. 4. Development must avoid impacting on Regent Honeyeater and Swift Parrot habitat. The Swift Parrots and Regent Honeyeaters in Lake Macquarie City Council area New South Wales report, prepared by Birdlife Australian for Lake Macquarie City Council, dated June 2014, identifies the Morisset Hospital Grounds Heritage Area as containing bushland with numerous records of Regent Honeyeater sightings. Records show that Swift Parrots also use the site. The report (p 33) recommends updating the DCP to recognise the importance of the bushland to these species. Page 141 F2014/01209

152 Part 12 Precinct Area Plans Lawson Road Contents Part 12 Precinct Area Plans: Lawson Road (Repealed) North Buttaba Hills Estate (Repealed) Thompson Road Speers Point Martinsville East Munibung Hill Mount Hutton North Morisset Development on Flood Prone Land at Dora Creek Gimberts Road Morisset Coorumbung Road Dora Creek Belmont South Foreshore North Cooranbong Lake Macquarie Coast Line Highland Avenue Cooranbong Pasminco North Wallarah Peninsula Part 12 Precinct Area Plans The whole of the Lawson Road Precinct Area Plan and the North Buttaba Hills Estate Precinct Area Plan have been removed from the DCP because subdivision of these areas is complete. Page 142 F2014/01209

153 Part 12 Precinct Area Plans Lawson Road Part 12 Precinct Area Plans Lawson Road REPEALED TABLE OF CONTENTS: 1 INTRODUCTION LAND TO WHICH THIS PLAN APPLIES CHARACTER STATEMENT SUBDIVISION DESIGN AND LAYOUT FLORA AND FAUNA 145 The whole of the Lawson Road Precinct Area Plan has been removed from the DCP because subdivision of this area is complete. Text has been added to state that the chapter has been repealed, to avoid having to change the chapter numbering throughout the DCP. FIGURES: FIGURE 1 - LAWSON ROAD AREA PLAN BOUNDARY 144 FIGURE 2 - LAWSON ROAD STRUCTURE PLAN 144 FIGURE 3 - DEVELOPMENT PRINCIPLES PLAN 145 Page 143 F2014/01209

154 Part 12 Precinct Area Plans North Buttaba Hills Estate Precinct INTRODUCTION This Area Plan is intended to provide guidance for development that is both appropriate and provides a positive contribution to the future of land at Macquarie Hills. It is intended to act as an integrated planning instrument managing and promoting quality development whilst ensuring the outcomes of Council processes are implemented in a clear, cohesive, and progressive manner. This area plan provides guidance for the development of the Lawson Road Precinct of Macquarie Hills. LAND TO WHICH THIS PLAN APPLIES This Area Plan applies to all the land outlined in heavy white edging as shown within Figure 1 Lawson Road Area Plan Boundary. Lawson Road Area Plan Boundary CHARACTER STATEMENT The study area is located on the middle slopes of Munibung Hill rising from 30-80AHD. The site is divided by a ridgeline running in the northeast to southwest. Land to the west of the ridgeline drains towards an adjacent residential development, and to the east of the ridgeline drains towards Giles Road. The site has a long street frontage to Lawson Road, and access from Giles Road. Portions of the site, including the ridgeline, have previously been cleared for rural uses and now sit on the urban edge of Macquarie Hills. Lawson Road Structure Plan SUBDIVISION DESIGN AND LAYOUT Page 144 F2014/01209

155 Part 12 Precinct Area Plans North Buttaba Hills Estate Precinct d. To ensure the subdivision of the Lawson Road Precinct is undertaken in a coordinated manner. 5. The subdivision layout should generally be consistent with Figure 2 Lawson Road Structure Plan. 6. Building envelopes must be identified for each lot, and located below RL 76 (AHD). FLORA AND FAUNA c. To ensure that ecologically valuable land is protected. d. To ensure that biodiversity is maintained through the conservation and rehabilitation of vegetation habitat and corridors. 5. A 50 metre wide minimum revegetated corridor along the southern alignment to link the open forest communities to the west and south of the site is provided as outlined in Figure 3 - Development Principles Plan. 6. No future development occurs within the minimum revegetated corridor or within 50 metres of the existing western gully line as outlined in Figure 3 - Development Principles Plan. 7. Habitat and corridor areas under private control are free from paths and other structures and are maintained to ensure continued ecological function. 8. No vegetation or land clearing is to occur within habitat and corridor areas. A management plan is development and implemented for this area. Development Principles Plan Page 145 F2014/01209

156 Part 12 Precinct Area Plans North Buttaba Hills Estate Precinct Part 12 Precinct Area Plans North Buttaba Hills Estate Precinct REPEALED TABLE OF CONTENTS: 1 INTRODUCTION LAND TO WHICH THIS PLAN APPLIES CHARACTER STATEMENT SUBDIVISION DESIGN AND LAYOUT NATURAL WATERCOURSES ROAD NETWORK AND TRAFFIC FIGURES: FIGURE 1 - NORTH BUTTABA HILLS ESTATE FIGURE 2 - NORTH BUTTABA HILLS PRECINCT PLAN FIGURE 3 - NORTH BUTTABA HILLS STRUCTURE PLAN FIGURE 4 - HABITAT AND THREATENED SPECIES The whole of the North Buttaba Hills Estate Precinct Area Plan has been removed from the DCP because subdivision of this area is complete. Text has been added to state that the chapter has been repealed, to avoid having to change the chapter numbering throughout the DCP. Page 146 F2014/01209

157 Part 12 Precinct Area Plans North Buttaba Hills Estate Precinct 1 INTRODUCTION The Buttaba Hills Estate is located within the suburb of Buttaba, on the western side of Lake Macquarie. In 1922 the original concept subdivision was undertaken to create 177 allotments and the associated roads. The majority of these remain undeveloped due to a lack of services, and infrastructure. In 2000, the land was rezoned to facilitate residential development. However, the use of the existing lots for residential purposes is impractical for two main reasons. Firstly, the majority of the existing lots do not have access to constructed public roads or service infrastructure. Secondly, the existing subdivision pattern has no regard for the topography, or flora and fauna habituated contained within the precinct. This area plan provides guidance for the development of the Estate. 1.1 LAND TO WHICH THIS PLAN APPLIES This Area Plan applies to all the land North of Buttaba Hills Road that is outlined in heavy black edging as shown within Figure 1 North Buttaba Hills Estate. Page 147 F2014/01209

158 Part 12 Precinct Area Plans North Buttaba Hills Estate Precinct North Buttaba Hills Estate CHARACTER STATEMENT LMCCC DCP 2014 Revision XX Page 148 F2014/01209 Img_201

159 Part 12 Precinct Area Plans North Buttaba Hills Estate Precinct Five distinctive precinct areas have been identified within the North Buttaba Hills Estate (A F). Precinct A The development potential of Precinct A is limited due to steep slopes, high erodible soil, and bushfire risk. As such, it is envisaged that this precinct will be retained within one large lot suitable for community title subdivision. This subdivision should contain development envelopes positioned to minimise unnecessary clearing of native vegetation and habitat clears. Precinct B Precinct B contains a natural ephemeral drainage line. As such, this precinct will not contain any dwelling lots and form part of a riparian corridor. Precinct C Precinct C includes a continuation of the ephemeral drainage line identified in Precinct B. However, due to past clearing and degradation, this area will require remediation of the drainage line and adjacent areas. Precinct C will also form part of any required Asset Protection Zone and any water quality and quantity measures. Precinct D Precinct D primarily forms a transitional area between the ephemeral drainage line, consisting of Precinct B and C, and the gentle sloping land to the east. This precinct is envisaged to consist of low-density residential development. Dwellings should be located in order to retain existing large trees (350mm) where viable. Precinct E Precinct E consists of a north to north-east corridor that forms a ridgeline through the Northern Catchment and adjacent to the established residential areas of Buttaba. This area is deemed suitable for lowdensity residential development. Precinct F Precinct F contains a steep sloping ephemeral drainage line that includes north and east facing slopes. This precinct is envisaged to contain larger lots that incorporate the drainage line and a suitable riparian buffer. Page 149 F2014/01209

160 Part 12 Precinct Area Plans North Buttaba Hills Estate Precinct Img_202 North Buttaba Hills Precinct Plan LMCCC DCP 2014 Revision XX Page 150 F2014/01209

161 Part 12 Precinct Area Plans North Buttaba Hills Estate Precinct North Buttaba Hills Structure Plan LMCCC DCP 2014 Revision XX Page 151 F2014/01209