North Byron Beach Resort. Central Facilities. Statement of Environmental Effects RPS AUSTRALIA EAST PTY LTD NORTH BYRON BEACH RESORT PTY LTD

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1 North Byron Beach Resort Central Facilities Prepared by: Prepared for: RPS AUSTRALIA EAST PTY LTD NORTH BYRON BEACH RESORT PTY LTD 743 Ann Street Fortitude Valley Queensland 4006 Bayshore Drive Byron Bay NSW 2481 T: F: E: simon.forsyth@rpsgroup.com.au Report Number: PR Version / Date: Rev 0, 21 November 2013 T: F: n/a E: jeremy@northbeachbyron.com W: rpsgroup.com.au

2 IMPORTANT NOTE Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted under the Copyright Act, no part of this report, its attachments or appendices may be reproduced by any process without the written consent of RPS Australia East Pty Ltd. All enquiries should be directed to RPS Australia East Pty Ltd. We have prepared this report for the sole purposes of North Byron beach Resort Pty Ltd ( Client ) for the specific purpose of only for which it is supplied ( Purpose ). This report is strictly limited to the purpose and the facts and matters stated in it and does not apply directly or indirectly and will not be used for any other application, purpose, use or matter. In preparing this report we have made certain assumptions. We have assumed that all information and documents provided to us by the Client or as a result of a specific request or enquiry were complete, accurate and up-to-date. Where we have obtained information from a government register or database, we have assumed that the information is accurate. Where an assumption has been made, we have not made any independent investigations with respect to the matters the subject of that assumption. We are not aware of any reason why any of the assumptions are incorrect. This report is presented without the assumption of a duty of care to any other person (other than the Client) ( Third Party ). The report may not contain sufficient information for the purposes of a Third Party or for other uses. Without the prior written consent of RPS Australia East Pty Ltd: (a) (b) this report may not be relied on by a Third Party; and RPS Australia East Pty Ltd will not be liable to a Third Party for any loss, damage, liability or claim arising out of or incidental to a Third Party publishing, using or relying on the facts, content, opinions or subject matter contained in this report. If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report with or without the consent of RPS Australia East Pty Ltd, RPS Australia East Pty Ltd disclaims all risk and the Third Party assumes all risk and releases and indemnifies and agrees to keep indemnified RPS Australia East Pty Ltd from any loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report. In this note, a reference to loss and damage includes past and prospective economic loss, loss of profits, damage to property, injury to any person (including death) costs and expenses incurred in taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs, compensation, interest and any other direct, indirect, consequential or financial or other loss. Document Status Version Purpose of Document Orig Review Review Date QA Review RPS Release Approval Issue Date Rev A Draft for Client Review BMW PC 09/10/2013 SJF 09/10/2013 Rev B Draft for Client Approval BMW BMW 18/11/2013 SJF 19/11/2013 Rev 0 Final for Submission BMW SJF 20/11/2013 SJF 21/11/ ; Rev 0, 21 November 2013 Page ii

3 Contents 1.0 INTRODUCTION Structure of Report PROJECT BACKGROUND Pre-Lodgement Meeting Project Background Consent History Approved Development 1987 Consent (DA87/208) SITE DESCRIPTION Local Area and Context PROJECT DESCRIPTION Proposed Development Reception / Lobby Restaurant /Bar Conference Facilities Pool Poolside Cafe Gymnasium Day Spa Design Principles Landscaping Traffic, Access & Parking Consultation to Date Byron Shire Council Community PLANNING CONTEXT State Environmental Planning Policies (SEPP s) State Environmental Planning Policy No.14 Coastal Wetlands State Environmental Planning Policy No.44 Koala Habitat Protection State Environmental Planning Policy No.71 Coastal Protection North Coast Regional Environmental Plan Byron Local Environmental Plan PART 2 GENERAL RESTRICTION ON DEVELOPMENT ON LAND ZONING Other Relevant Clauses Draft Byron Shire Local Environmental Plan Draft Byron LEP 2012 Other considerations Byron Shire Development Control Plan ; Rev 0, 21 November 2013 Page iii

4 5.5 NSW Coastal Policy Coastal Design Guidelines NSW Sea Level Rise Policy Statement ENVIRONMENTAL ASSESSMENT Likely Impacts of Development Context and Setting Architectural Design Landscape Design Access, Transport and Traffic Flora and Fauna Natural Environment Environmentally Sustainable Development Noise Public Domain Utilities Flooding Cultural Heritage Water Quality Bushfire Hazards Building Certification Safety, Security and Crime Prevention Social & Economic Impact in Locality Cumulative Impacts Scenic Impact Assessment The Suitability of the Site for the Development The Public Interest CONCLUSION Tables Table 1: - Key features of Approved Development... 5 Table 2: Objectives of Part 6 of the North Coast Regional Environmental Plan Table 3: - Draft Byron LEP 2012 Assessment Table Table 4: - Byron Development Control Plan 2010 Assessment Table ; Rev 0, 21 November 2013 Page iv

5 Figures Figure 1: Context Plan (source: extract from Google Maps)... 6 Figure 2: Locality Plan... 7 Figure 3: Cadastral Plan... 8 Figure 4: Aerial Photograph Figure 5: Coastal wetland area on the site extract of SEPP 14 Coastal Wetlands Amendment No. 14 Map (Lot 10 site boundary shown in red and extent of works located in the northern corner of the site) Figure 6: Byron LEP 1988 Zoning Plan Figure 7: Draft Byron LEP 2012 Zoning Plan Figure 8: Development Control Plan Site Photograph Plates Plate 3-1 Site looking north along Bayshore Drive at existing entrance to the north Byron Bistro which is currently closed... 9 Plate 3-2 View of access from Bayshore Drive Plate 3-3 Existing artificial wetland and existing buildings fronting Bayshore Drive Plate 3-4 View to the south along Bayshore Drive showing part of the Bayshore Drive frontage Plate 3-5 Existing access to the cabins Plate 3-6 View across the land towards Bayshore Drive Plate 3-7 View internal to the site Plate 3-8 View to the south along Bayshore Drive Appendices Appendix A: Appendix B: Appendix C: Appendix D: Appendix E: Appendix F: Appendix G: Appendix H: Appendix I: Appendix J: Appendix K: Appendix L: Architectural Plan Package, prepared by Shane Thomson architects Landscape Design Report, prepared by RPS Traffic Impact, prepared by Greg Alderson & Associates Community and Stakeholder Engagement Report, prepared by Three Plus Ecological Report, prepared by Peter Parker, Environmental Consultants Pty Ltd Cultural Heritage Brief Report, prepared by Navin Officer Heritage Consultants Pty Ltd Infrastructure Services Report, prepared by Ardill Payne Tourism & Economic Assessment, prepared by MacroPlan Dimasi Bushfire Threat Assessment prepared by Bushfire Certifiers ESD DA Report, prepared by EMF Griffiths Noise Impact Assessment, prepared by Greg Alderson & Associates BCA 2013 Review, prepared by McCarthy Consulting Pty Ltd ; Rev 0, 21 November 2013 Page v

6 1.0 Introduction This has been prepared by RPS Australia East Pty Ltd (RPS) on behalf of North Byron Beach Resort Pty Ltd in support of a development application (DA) to Byron Shire Council for the establishment of the North Byron Beach Resort s Central Facilities at Bayshore Drive, Byron Bay. The proposal is for the establishment of resort Central Facilities at the North Byron Beach Resort. The North Byron Beach Resort is located at Belongil Beach, Byron Bay and is accessed via Bayshore Drive. The proposed buildings are the guest arrival point and main hub for the resort dining, recreation, events and operations. An ancillary "housekeeping" building and car parking area are co-located to the Central Facilities. The key elements and functions of the resort Central Facilities are: Reception, Lobby, Porte cochere and Administration; Restaurant and Bar; Central kitchen and food service area; Conference and function facilities; Multi-purpose room; Gymnasium; Lagoon swimming pool; Poolside cafe; Day spa; Kids play area; and Loading dock and waste management. Access to the restaurant, bar and day spa will be available to the public, visiting tourists and community members. The conference and function rooms will be available for private hire by appointment. The proposal will be located along the northern boundary of the North Byron Beach Resort site, where the current restaurant/function centre and the previous beach resort administration buildings and pool exists. The buildings will be located centrally to the resort accommodation and will support the operations of the resort and the cabins which exist on site. The new facilities will be sensitively designed in three (3) separate single-storey buildings arranged around the central lagoon pool and recreation area. The design of the proposal reflects a vibrant and modern architectural and landscape interpretation of a seaside resort destination. The vision for the North Byron Beach Resort is revealed in the high quality, open and expressive design of the built form architecture and landscape architecture of the development. The architectural response to the site and its setting respects the special qualities of the site, its unique location at the Belongil spit and the extraordinary characteristics of Byron Bay. The landscape quality of both the hard and soft landscaping throughout the Central Facilities and surrounding the resort will be of a high quality including subtropical design elements and will reflect the subtropical climate and native beach foreshore landscape of the locality ; Rev 0, 21 November 2013 Page 1

7 The proposal also includes associated car parking areas, access and internal vehicular and pedestrian movement corridors in support of the resorts operations. The proposal is part of the revitalisation and refurbishment of the resort and will operate in conjunction with the existing and proposed accommodation cabins on site. It is the Applicant s intention to create a tourist destination which meets the needs of international and national travellers to the region and promote ecofriendly tourist accommodation which responds to the environmental sensitivities of Belongil Beach. The North Byron Beach Resort will be open to the general public in its capacity to contribute to community activities and events and place making. The Resort can be utilised in a variety of ways as a focus for community events and a meeting place. It is the Applicant s intention to ensure that the Resort is open for business and has an outward and inclusive approach to the community and as part of its management strategy. The intention for the Resort is to welcome the local community through the use of the poolside cafe, the restaurant and the purpose built conference facility. The conference facility will be a world class purpose built facility seating approximately 300 people. The vision for the conference/function facility will be to service the international and national market as well as benefit the local Byron Bay community. The introduction of a conference facility of this scale will provide economic and social benefits to the community. As part of the proposed Central Facilities the public beach access way will be upgraded and improved with the introduction of public facilities such as improved car parking areas, beach shower and toilet facilities. These public facilities which will benefit the local community and the tourist sector will enhance beach infrastructure and provide a user-friendly environment for Belongil Beach users. The Applicant s intent for the theme of the North Byron Beach Resort includes excellence in resort accommodation and experience with an emphasis on its food and beverage offerings and engagement with the natural environment. In conjunction with this intent the Resort support various festivals including the writer s festival and a food and wine festival in support and promotion of local producers. The North Byron Beach Resort will be outward facing to include and integrate with the Byron bay community. This Statement of Environment Effects demonstrates that the proposal will have positive impacts for the site and the Byron Bay community such as the establishment of a world class tourist resort which is supported by the Local Environmental Plan The proposal will also have worthwhile economic impacts which include the creation of employment opportunities within the community during the construction phase and long term employment during the operations of the resort. The proposal will also enable the holistic environmental management of the site through environmental and vegetation management and coastal dune management. Broadly, the proposal will deliver key investment in the tourism accommodation market within Byron Bay, whilst balancing the environmental qualities of the coastal area of Belongil. The project has a strong focus on the unique environmental qualities of the area and the Applicant is committed to supporting the environmental values of the site. Refer to Appendix A for proposed architectural plans, prepared by Shane Thompson Architects. Refer to Appendix B for the Landscape Design package, prepared by RPS ; Rev 0, 21 November 2013 Page 2

8 1.1 Structure of Report This report is divided into five subsequent sections. Section 2.0 Section 3.0 Section 4.0 Section 5.0 Section 6.0 Section 7.0 Outlines the recent discussions with Council regarding the proposal and the consent history relating to the site. Examines the context of the site by describing its location and nature, existing development and uses and the local area in which it is situated. Details the proposed development. Assesses the proposed development against the relevant planning legislation and planning controls. Assesses the environmental impacts of the proposed development. Concludes the report ; Rev 0, 21 November 2013 Page 3

9 2.0 Project Background 2.1 Pre-Lodgement Meeting A pre-lodgement presentation was held with Byron Shire Council Councillors on 12 April 2013 to present the vision for the site. The key elements of the proposal which were presented include: 1. The vision for the site, including the concept for the Central Facilities and accommodation cabins; 2. The constraints mapping of the site was presented; and 3. The architectural design intent / landscape design intent. The proposal and the concept for this unique tourism site was broadly supported by Councillors. 2.2 Project Background Consent History There is a complex history of development approvals applying to the subject site. While these are not specifically relevant to this development application, they have been outlined below for reference and context. 1. DA of Globetrotters Tourist Complex; 2. BA 52/71 Office, Activities Centre; 3. BA 113/73 Swimming Pool; 4. BA 128/73 Refreshment Kiosk and Beach Safety House; 5. BA 233/73 Recreation Pavilion forming part of Caravan park and courtyard complex; 6. BA 114/74 Ranch Complex; 7. BA 353/78 Additions Showers / Toilets; 8. DA 81/943 Change of Use Bunkhouse to Primary School; 9. DA 82/479 Motel 7 single bedroom units. 1 x 2 bedroom unit; 10. DA 83/513 Stage 2 of Holiday Cabin Development. 5 x 2 bedroom units plus managers / office / reception; 11. BA 510/84 In ground Swimming Pool; 12. DA85/152 & BA 172/85 Proposed addition of sunroom to units 4 and 8; 13. DA 87/238 Subdivision of Lot 6 DP & Lot 1 DP190757, Bayshore Drive; 14. DA 87/208 Tourist Facility 161 x 2 & 3 bedroom cabins and the use of 32 existing cabins;* 15. DA 95/197 Erection of a Restaurant, Bar and Kitchen; 16. DA 96/0319 Extensions to the Lakehouse Conference Facility; 17. DA Change of use Restaurant to Hotel; 18. DA Becton Staged Integrated Tourist Resort Facility; and 19. Section 96 modification to DA 87/208 (Cabin 26 design changes) Approved 20 December * Note: This is the approval subject to a section 96(2) application recently approved by Council ; Rev 0, 21 November 2013 Page 4

10 2.2.2 Approved Development 1987 Consent (DA87/208) The 1987 Consent (DA87/208) is a valid approval over the subject land and provides the basis of the accommodation product being delivered for the overall resort. This consent allows for the construction of 161 x 2 and 3 room cabins with associated parking, access road and landscaping, and ongoing use for the 32 existing cabins on the site. A section 96 application to the 1987 Consent was approved by Byron Shire Council on 20 December 2012 for the modification of the design of one of the accommodation units (unit 26) (Council DA reference number is ). A further section 96 modifying 75 of the approved cabins is in the final stages of development assessment and Council is due to determine the application in the near future. The following table summarises the key features of the approved development under the 1987 Consent, DA 87/208, which will be complimentary to the Central Facilities which is the subject to this application. Table 1: - Key features of Approved Development Element Approved Development Use Cabin Location Cabin Numbers Cabin Size (floor space) Tourist Facility Illustrated on original site plan / master plan as nestled cabins amongst a landscape setting. 161 x 2/3 Room Cabins 32 Existing Cabins Hotel 23.94m2 2 Room 68.4m2 3 Room 68.4m2 Total GFA 10,278.08m 2 Cabin Height Cabin Design Roof Form Internal Road Layout Access Vegetation Habitable Floor Level RL 3.1m Mixture Hotel 4.19m 2 Room 4.2m 3 Room 4.2m Australian Beach Shack vernacular. Pitched Low level paved internal access. Bayshore Drive Landscaped setting with natural vegetation ; Rev 0, 21 November 2013 Page 5

11 3.0 Site Description The subject site is commonly known as the North Byron Beach Resort and is approximately 4.5km northwest of the centre of Byron Bay. Refer to Figure 1 Context Plan below. The site is located adjacent to the Belongil Creek and is in close proximity to the Belongil spit. The site is accessed via Bayshore Drive. Refer to Figure 2 Locality Plan. The site has been used for tourism and recreation based land use purposes for approximately 45 years. The following figure shows the locality of the site in relation to Byron Bay to the south and Brunswick Heads to the north. Figure 1: Context Plan (source: extract from Google Maps) ; Rev 0, 21 November 2013 Page 6

12 Figure 2: Locality Plan The total land holding owned by the Applicant is approximately 89 ha, however the lots relevant to this application are: 1. Lot 1 DP ha 2. Lot 8 DP m 2 3. Lot 9 DP m 2 4. Lot 10 DP m 2 5. Lot 11 DP ha ; Rev 0, 21 November 2013 Page 7

13 Refer to Figure 3 Cadastral Plan showing the location of the lots. Figure 3: Cadastral Plan ; Rev 0, 21 November 2013 Page 8

14 The area of the site subject to this development application is relatively flat (RLs 2m to 3m) with a rise along the coastal dunes lining the northern boundary. The western side of the site is bounded by Bayshore Drive, beyond which are heath lands. To the south and south east of the subject land is the Belongil Wetlands and the North-Coast Railway corridor. Two main drainage lines transverse the subject site and contain constructed / artificial water bodies. Two easements for the drainage of water burden lots 7 and 10 of DP The site has been previously cleared in areas and is predominantly grassland and exotic plant species, with occasional shrubs on some parts of the land. The site photograph series throughout the report represent the character of the existing landscape of the site, which in part does not reflect the native elements of the landscape in surrounding environmentally sensitive areas. Plate 3-1and Plate 3-2 below illustrate the character of the site. Plate 3-1 Site looking north along Bayshore Drive at existing entrance to the north Byron Bistro which is currently closed Plate 3-2 View of access from Bayshore Drive. 3.1 Local Area and Context The subject site is located on the northern side of Byron Bay, adjacent to Belongil Creek. It is bounded by: 1. To the west: densely vegetated land that forms part of Tyagarah Nature Reserve which continues along the coastline; 2. To the south: the North Coast railway line with a residential area of detached houses beyond this known as Sunrise; 3. To the north: Belongil Beach and spit and coastline; 4. To the east: Belongil Creek and residential and tourist accommodation beyond; and 5. The ocean to the north of the site and Belongil Creek forms part of the Cape Byron Marine Park. Further to the east and south-east are Cumbedin Swap Nature Reserve and Cape Byron State Conservation Park. Road access to the site is only available via Bayshore Drive which runs south of the railway line. This connects to Ewingsdale Road which takes traffic to Byron Bay Centre to the east and the Pacific Highway to the west. Byron Bay Railway Station is in the centre of Byron Bay with Country Link train services between Brisbane and Sydney (via bus connection). An existing bus stop is located on site with connections to Byron Bay Town Centre. The proposal will include the construction of a new bus stop which will service a similar catchment ; Rev 0, 21 November 2013 Page 9

15 Byron Bay has a strong tourism industry attributed to its coastline and scenic values. A range of tourist accommodation is included in the area including hotels/motels, resorts, caravan and camping parks, B&B establishments, hostels and backpacker accommodation and holiday flats. The town centre contains a good range of commercial services to support tourists visiting the area. Figure 4: Aerial Photograph ; Rev 0, 21 November 2013 Page 10

16 The surrounding local area is shown in the Plates below. Plate 3-3 Existing artificial wetland and existing buildings fronting Bayshore Drive. Plate 3-4 View to the south along Bayshore Drive showing part of the Bayshore Drive frontage. Plate 3-5 Existing access to the cabins. Plate 3-6 View across the land towards Bayshore Drive. Plate 3-7 View internal to the site. Plate 3-8 View to the south along Bayshore Drive ; Rev 0, 21 November 2013 Page 11

17 4.0 Project Description 4.1 Proposed Development The proposal is for the establishment of resort Central Facilities at the North Byron Beach Resort. The proposed buildings are the guest arrival point and main hub for the resort dining, recreation, events and operations. An ancillary "housekeeping" building and car parking area are co-located to the Central Facilities. The key elements and functions of the resort Central Facilities are: Reception, Lobby, Porte cochere and Administration; Restaurant and Bar; Central kitchen and food service area; Conference and function facilities; Multi-purpose room; Gymnasium; Lagoon swimming pool; Poolside cafe; Day spa; Kids play area; and Loading dock and waste management. Access to the restaurant, bar and day spa will be available to the public, visiting tourists and community members. The conference and function rooms will be available for private hire by appointment. The proposal will be located along the northern boundary of the North Byron Beach Resort site, where the current restaurant/function centre and the previous beach resort administration buildings and pool exists. The buildings will be located centrally to the resort accommodation and will support the operations of the resort and the cabins which exist on site. The new facilities will be sensitively designed in three (3) separate single-storey buildings arranged around the central lagoon pool and recreation area. The design of the proposal reflects a vibrant and modern architectural and landscape interpretation of a seaside resort destination. The proposal also includes associated car parking areas, access and internal vehicular and pedestrian movement corridors in support of the resorts operations. It is expected that the resort will provide a direct annual benefit to the Byron economy of $12.3 million, an indirect benefit of $15.1 million along with approximately 106 jobs. The Economics Overview prepared by MacroPlan Dimasi contained in Appendix H provides a detailed overview of the expected economic (direct and indirect) benefit of the proposal to the Byron community. Refer to Appendix A for the Schematic Architectural Design Report, prepared by Shane Thompson Architects, demonstrating the origins and intent of the design and the site specific approach architectural team has adopted to this unique site in Byron Bay. Refer to Appendix B for the Landscape Design package, prepared by RPS ; Rev 0, 21 November 2013 Page 12

18 The proposal also includes external infrastructure and service upgrades for the extent shown in the attached engineering plans. The upgrade works include: Upgrading Bayshore Drive from the south side of the railway crossing to a new turn around nominally 170 metres past the proposed resort entrance. Upgrading of stormwater conveyance structures, as outlined within the engineering report. Upgrading of electrical, water, communications and sewer services to the site. The Central Facilities will support the activities and operations of the resort and the surrounding cabins on site. Each component of the Central Facilities is outlined in more detail below Reception / Lobby The resort reception will be the focal point at the entrance of the building. The reception will be the first impression of resort guests and the community and will facilitate all functions of the resort, such as check in/out, concierge services, luggage storage and other administrative processes of the resort Restaurant /Bar The restaurant will be located toward the north of the building and will enjoy views over the landscaped pool area. The restaurant will be accessed via open air covered walkways from reception and the surrounding Central Facilities area. The restaurant will be available to the public, visiting tourists and community members, as will the bar facilities Conference Facilities The conference facilities are centrally located within the Central Facility building. The conference facilities area consists of a multi-purpose space which can accommodate one large function or up to three smaller functions at any one time. It is designed to fan out toward the perimeter of the building to allow inclusive and easily assessable chair plans to accommodate a range of function requirements. The conference facility also includes an outdoor break out or pre function area where guests can congregate and enjoy the unique setting of the resort. The conference facilities also include smaller meeting rooms and associated business facilities which would be expected in order to undertake normal business functions. The conference facilities are supported by substantial kitchen and buffet service areas. The conference and function rooms will be available for private hire by appointment through resort management Pool The landscaped pool area has been designed to be one of the focal points when viewed from within the Central Facilities building. The pool will include a large swimming area toward the north of the site adjacent to the cafe area and smaller more private spaces which meander through landscaped areas. The landscape design around the pool will consist of native plantings inspired by the native species of the Belongil area. The pool will be for the use of resort guests only ; Rev 0, 21 November 2013 Page 13

19 4.1.5 Poolside Cafe The cafe area will be located adjacent to the pool along the north side of the site. The cafe area will have a return opening to the pedestrian public access way to Belongil Beach. The return opening will open to the public beach access and allow the community access to the cafe food and beverage services in a casual and beach friendly manner Gymnasium The gymnasium will be internal to the resort and will be located between the multi-purpose room and the cafe overlooking the landscaped pool area within the smaller building along the northern boundary. The gymnasium will be available to resort guests only Day Spa The spa will be located within the landscaped pool setting toward the south of building. The spa will be accessed from the reception area via open air covered walkways. The day spa will be available to the public, visiting tourists and community members by appointment. 4.2 Design Principles The architectural vision for the proposed resort Central Facilities is influenced by the natural setting of Belongil Beach where key design principles adopted include: Place making creating a resort community and a place to retreat, relax and rejuvenate; Landscape and Form utilising the landscape and dunal form of Belongil Beach to inspire built form; Location and connectivity creating a spiral arrangement of spaces, focused around views to and from large spacious central spaces which connects the buildings; and Dominant landscape character the focus of the architecture is outwards to the north-east and utilising the existing landscape form to define the place. Key design characteristics include: 1. Building form and location are articulated by pedestrian access points, 2. Inspiration of dunal form and changing natural forces, 3. Australian "beach shack" tradition, 4. Deep roof overhangs, 5. Wide roof giving shade to walls and windows, 6. Fold away glass doors to expose surrounding landscape and views beyond to the richly vegetated hills to the west, 7. Use of water, 8. Generous outdoor areas, 9. Generous openings between interior and exterior spaces between the building forms, 10. Occasional use of colour to parts of the exterior, 11. Occasional use of adjustable shutters or screening devices for sun, weather and privacy screening, and 12. Informal largely native landscaping in the immediate vicinity of the buildings ; Rev 0, 21 November 2013 Page 14

20 The proposal has been designed to be north-east facing to take advantage of privacy and excellent solar access. The proposal is designed in a spiral arrangement of single storey buildings which focus on two opposing radial grids, the fire pit and a water sculpture at the formal entry to the pool. The buildings are designed to ensure the dominant experience is the landscape. The architecture is not intended to stand alone in the landscape, but rather by using a range of design elements, the planning of the buildings is permeable for ease of access and the use of materials are intended to reinforce the idea that the landscape including views beyond is what characterises the proposal. Refer to Appendix A for Shane Thompson architects design statement. 4.3 Landscaping The design of the Central Facilities comprises of significant native landscaping. The hard and soft landscaping aims to integrate nature with the proposed built form. Ways of doing this is to use raw materials and design elements allowing the outdoor design to integrate with the natural native landscape. The design and principles of the landscape concept has been based on the existing design intent for the broader cabins on site which is currently being considered by Council under the modification application. The landscaping concept will also include a re-vegetation strategy which includes the gradual transition of plantings from the dunal foreshore throughout the site. The re-vegetation strategy includes gradual plantings from low natural grasses across the flat areas to earth moulding, and then eventually to mass plantings at low levels with canopy trees providing for sun light and wildlife movement. Refer to Appendix B for the Landscape Design Concept Plans prepared by RPS. 4.4 Traffic, Access & Parking Access to the site will be from Bayshore Drive. At the access point, vehicular movement will be toward the resorts porte cochere or the car parking area to the south. The vehicular access point also allows access to the internal private road network accessing the cabins. The traffic assessment recommends the following measures be undertaken to mitigate the additional traffic load on the surrounding road network: S94(a) contributions towards Bayshore Drive / Ewingsdale Road intersection upgrade to roundabout; Upgrade of northern section of Bayshore Drive to Collector Street; and Upgrade of railway crossing, to allow two way traffic movements. The upgrade of Bayshore Drive and the railway crossing have been documented within the architectural plans and landscape plans. The car parking area is located to the south of the Central Facility buildings and will include a total of 119 car parking spaces and four (4) accessible car parking spaces. The car parking spaces are accessed via an internal access road and connected to the proposed internal roundabout ; Rev 0, 21 November 2013 Page 15

21 Pedestrian and buggy movement throughout the site will be via pathways which will be treated with reinforced gravel being metres wide (or similar). Pedestrian and buggy routes will connect the cabins to the Central Facilities. Access through the Central Facilities is through a range of indoor and outdoor spaces. The design of the built form is characterised by low level walls and plantings and high levels of permeable spaces. A Traffic Impact Assessment has been prepared in support of this application. Refer to Appendix C for the Traffic Impact Assessment prepared by Greg Alderson and Associates. 4.5 Consultation to Date Byron Shire Council As part of the preparation of this application documentation, the following meetings have been held with Byron Shire Council: 1. Meeting with Ray Darney: 11 April 2013; 2. Presentation to Councillors and Senior Council Officers: 12 April 2013; and 3. Site Tour for some Councillors August The purpose of these meetings was to inform Council of the vision for the resort and seek questions / input from Council on matters for consideration. The matters raised at these meetings have been addressed through the detailed design work presented in this application and the attached technical reports Community The following consultation with the Byron Bay community will be undertaken following the lodgement of this application: 1. Statutory public notification of the proposed development for a minimum of 14 days. 2. Website The comprehensive website will be updated prior to the commencement of the public exhibition period to clearly disseminate all relevant information to the local community. Relevant plans will be uploaded to the site. The site will have a hot button BOOK SITE TOUR on the home page. 3. Letterbox drop An A4 double sided letterbox drop will be delivered to all homes and businesses in Sunrise Beach and the Byron Arts and Industry Estate at the beginning of the public exhibition period advising details of the application, site tour information, public exhibition dates and contact details including the web address. 4. Press Ads Quarter page advertisements will be placed in both Byron shire newspapers at the beginning of the public exhibition period advising details of the application, site tour information, public exhibition dates and contact details including the web address. 5. Media release A media release will be disseminated to local media prior to the public exhibition period advising details of the application, site tour information, public exhibition dates and contact details including the web address. 6. Database mail out During our consultation with the local community over the past few years we have established many ; Rev 0, 21 November 2013 Page 16

22 relationships. Many of these locals have elected to be a part of a North Byron Beach Resort database. At the commencement of the public exhibition period we will disseminate information through this database which we anticipate will be the same as the letterbox drop, albeit more detailed. The information will contain project information details, public exhibition period dates, site tour information and contact details including the web address. 7. Site tours Project and Development Manager Jeremy Holmes and owner Peggy Flannery will again together conduct site tours during the public exhibition period. These will occur over at least three days, at least one of which will be a weekend day. Tour dates will be spread out over the public exhibition period and will allow for early morning / late evening tours as well as tours during business hours. The following consultation with the Byron Bay community has already been undertaken as a consequence of the preparation of this application and the lodgement of a modification application (s96) earlier this year: 8. Public consultation programme including: Website portal for information sharing ( Stakeholder briefing sessions as required; Site tours by appointment between 22 June and 8 July 2013; and Media releases to promote site tours and website access. In addition to this consultation program the Applicant will continue to maintain dialogue with the local community on all matters relating to the North Byron Beach Resort proposal. Refer to Appendix D for the Community and Stakeholder Engagement Report, prepared by Three Plus ; Rev 0, 21 November 2013 Page 17

23 5.0 Planning Context 5.1 State Environmental Planning Policies (SEPP s) The following State Environmental Planning Policies (SEPP s) have been addressed with respect to the proposed Central Facilities: State Environment Planning Policy No.14 Coastal Wetlands State Environment Planning Policy No.44 Koala Habitat Protection State Environment Planning Policy No.71 Coastal Protection State Environmental Planning Policy No.14 Coastal Wetlands State Environmental Planning Policy No. 14 Coastal Wetlands (SEPP 14) aims to ensure that coastal wetlands are preserved and protected in NSW. The portion of the site subject to the policy is the area noted as 76 in the extract of the SEPP 14 map in Figure 5 below. The SEPP requires that any works to clear, construct a levee, drain or fill land applicable to the policy must have the concurrence of the Director-General of the Department of the Environment. The proposed location of the Central Facilities is not within land applicable to the policy and therefore concurrence of the Director- General is not required. Figure 5: Coastal wetland area on the site extract of SEPP 14 Coastal Wetlands Amendment No. 14 Map (Lot 10 site boundary shown in red and extent of works located in the northern corner of the site) ; Rev 0, 21 November 2013 Page 18

24 5.1.2 State Environmental Planning Policy No.44 Koala Habitat Protection State Environmental Planning Policy No 44 - Koala Habitat Protection (SEPP 44) commenced on 13 February 1995 and applies to the land. SEPP 44 has the aim to: Encourage the proper conservation and management of areas of natural vegetation that provide habitat for koalas to ensure a permanent free-living population over their present range and reverse the current trend of koala population decline; (a) By requiring the preparation of plans of management before development consent can be granted in relation to areas of core koala habitat; (b) By encouraging the identification of areas of core koala habitat; and (c) By encouraging the inclusion of areas of core koala habitat in environment protection zones. Amongst other matters, the Flora and Fauna Assessment (Refer to Appendix E) addresses the requirements of the SEPP44 in detail. The koala has been recorded onsite and the site contains koala food trees. SEP44 requires that core koala food trees listed under Schedule 2 of SEPP44 comprise 15% or more of the total number of trees in the upper or lower strata of the tree component. Koala food trees such as Swamp Mahogany and Eucalyptus robusta have been planted throughout the site as landscaping and for reafforestation. These species also occur in wetland communities naturally. This species does not occur in the area proposed for the Central Facilities nor does it occupy 15% or more of the site. For the purposes of assessing this application, Planning Circular B35 (dated 22 March 1995) states: It is the intention of the policy that investigations for potential and core koala habitats be limited to those areas in which it is proposed to disturb habitat Therefore, in the location of the Central Facilities it is submitted that no koala food trees will be removed or impacted upon as a result of the proposal. Refer to Appendix E for the Flora and Fauna Assessment, prepared by Peter Parker Environmental Consultants Pty Ltd State Environmental Planning Policy No.71 Coastal Protection State Environmental Planning Policy No. 71 Coastal Protection (SEPP 71) commenced on 1 October This Policy aims to ensure that development in the NSW coastal zone is appropriate and suitably located to ensure that there is a consistent and strategic approach to coastal planning and management and to ensure there is a clear development assessment framework for the coastal zone. The subject site is located within the coastal zone and is therefore subject to the provisions of SEPP 71 - Coastal Protection. SEPP 71 includes numerous Matters of Consideration (clause 8), which are addressed below. (a) The aims of this policy set out in Clause 2 The proposed development involves the establishment of the Central Facilities for the North Byron Beach Resort over the site. The proposed architectural design and layout is a result of extensive architectural analysis and response to the site and consultation with resort specialists respectively. The context of the site has been considered at each design decision and the design forms a fundamental response to the site context ; Rev 0, 21 November 2013 Page 19

25 The proposal seeks to establish world class resort facilities to reinforce and build upon Byron Bay tourism industry and to create subtropical built form which is unique to the climatic context of Byron Bay and the natural environment of the surrounding area. (b) Existing public access to and along the coastal foreshore for pedestrians or persons with a disability should be retained and, where possible, public access to and along the coastal foreshore for pedestrians or persons with a disability should be improved There is currently access to the beach front along the northern side of the site. The pedestrian access to the beach will be improved along with the upgrade to public car parking, introduction of public toilets and a beach shower facility and a cafe/kiosk facility open to the public and associated with the Central Facilities. (c) Opportunities to provide new public access to and along the coastal foreshore for pedestrians or persons with a disability As noted above, there is currently public access to the beach (coastal foreshore). This access is to be enhanced for public community use. (d) The suitability of development given its type, location and design and its relationship with the surrounding area The Central Facilities is considered to be highly suitable for the site and supported by the Local Environmental Plan. This is discussed further in Section 4.3 below. (e) Any detrimental impact that development may have on the amenity of the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore The proposed development will not result in any detrimental impacts on the coastal foreshore amenity. The Central Facilities will be a single storey and are set back more than 200 metres from the coastal foreshore. The buildings will not create overshadowing nor block views of the coastal foreshore from surrounding public places. (f) The scenic qualities of the New South Wales coast, and means to protect and improve these qualities. The proposed development will not result in any impact on the scenic qualities of the New South Wales coast. The site has historically been used for tourist / resort purposes and the subject proposal furthers this with a high quality, sympathetic design response to the landscape and environmental setting of the site. (g) Measures to conserve animals (within the meaning of the Threatened Species Conservation Act 1995) and plants (within the meaning of that Act), and their habitats. The Flora and Fauna Assessment (refer to Appendix E) submits that the two plants which have been recorded, being the stinking laurel and durobby, are located near and in the littoral rainforest and to the east of the proposed car parking area. Therefore, the proposal does not propose to alter or affect these two plant species. Two bats, being the southern myotis and the little bent-wing bat were reported over the waterbody near the proposed cabins. Again, the proposal will not impact or reshape the existing waterbodies and it is considered there will be a negligible impact on the two mentioned bat species. Refer to Appendix E for the Flora and Fauna Assessment, prepared by Peter Parker Environmental Consultants Pty Ltd. A number of endangered ecological communities occur at the site generally. These are listed in detail within the Flora and Fauna Assessment. Endangered ecological communities will not be impacted upon as a result ; Rev 0, 21 November 2013 Page 20

26 of the proposal. The proposal has been designed to minimize the impact and need to remove native vegetation. The proposal will require 18 native trees to be removed. These landscape species have been planted by the previous owner. These trees will be compensated by 125 trees of similar species in appropriate locations on the site. The extent to which habitat is likely to be removed or modified as a result of the vegetation clearing is negligible given the compensatory planting. (h) Measures to conserve fish (within the meaning of Part 7A of the Fisheries Management Act 1994) and marine vegetation (within the meaning of that Part) and their habitats This application includes preliminary details in relation to stormwater management and erosion and sediment control. These details will be developed further prior to construction, to ensure that the stormwater run off from the site discharges safely and does not result in any negative impact on the surrounding watercourses. The Flora and Fauna Assessment recommends the implementation of an erosion and sediment control plan and weed management plan to ensure stormwater quality is high and does not impact on surrounding waterways. (i) Existing wildlife corridors and the impact of development on these corridors The site has been previously been cleared and does not serve as a wildlife corridor. (j) The likely impact of coastal process and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards The subject site is located on land zoned for tourism purposes which is adjacent to the Coastal Lands Zone 7(f). This will ensure that the development will not impact on coastal processes or coastal hazards. (k) Measures to reduce the potential for conflict between land-based and water-based coastal activities The proposed development seeks to establish the Central Facilities for the North Byron Beach Resort. It involves land-based development which is adequately separated from water-based coastal activities ensuring that there will be no land use conflicts. (l) Measures to protect the cultural places, values, customs, beliefs and traditional knowledge of Aboriginals The site does not contain any known items of cultural heritage significance. Refer to the archaeological Brief Report, prepared by Navin Officer Heritage Consultants Pty Ltd located within Appendix F. The Brief Report concludes the site has a low archaeological potential. (m) Likely impacts of development on the water quality of coastal waterbodies The proposal includes a stormwater management assessment (refer to Appendix G) that includes strategies to ensure the necessary water quality of runoff leaving the site. The proposed stormwater treatments comply with Council s design specifications for stormwater quality. (n) The conservation and preservation of items of heritage archaeological or historic significance The site does not contain any known items of archaeological or historic significance. Refer to the archaeological Brief Report, prepared by Navin Officer Heritage Consultants Pty Ltd located within Appendix F. The Brief Report concludes that the site has a low archaeological potential ; Rev 0, 21 November 2013 Page 21

27 (o) Only in cases in which a council prepares a draft local environmental plan that applies to land to which this policy applies, the means to encourage compact towns and cities The proposed development does not involve the preparation of a Local Environmental Plan. (p) Only in cases in which a development application in relation to the proposed development is determined: i) the cumulative impacts of the proposed development on the environment; and ii) measures to ensure that water and energy usage by the proposed development is efficient The proposed development has considered the potential impacts of the proposed development on the surrounding environment and any necessary measures to be implemented to ensure efficient water and energy usage. The design of the proposed Central Facilities has considered its location adjacent to coastal lands and ensures that access to the foreshore is maintained and public facilities have been provided to create an accessible beach foreshore. Other relevant clauses of SEPP 71 are addressed below. Clause 14 Public Access This clause states that Council must not consent the carrying out of development that will or is likely to result in impeding or diminishing, to any extent, of the physical, land-based right of access of the public to or along the coastal foreshore. As detailed in response to (b) and (c) above, the proposal maintains the existing access to the foreshore and therefore satisfies the requirement of this clause. Clause 15 Effluent Disposal Council must also not consent to carrying out a development that will, or is likely to, discharge untreated stormwater into the sea, a beach, or an estuary, a coastal lake, a coastal creek or other similar body of water, or onto a rock platform. There is existing stormwater infrastructure along Bayshore Drive. Stormwater will be managed to cater for the proposed development. All stormwater from the site will be treated and discharged into the existing stormwater system and therefore satisfies the requirement of this clause. Refer to Appendix G for the Infrastructure Services Report, prepared by Ardill Payne engineers North Coast Regional Environmental Plan 1988 The North Coast Regional Environmental Plan (Regional Plan) applies to the Byron local government area, amongst others. It is noted that for the purposes of the hierarchy of environmental planning instruments, the Regional Plan is deemed a State Environmental Planning Policy. It is acknowledged that the provisions of the Regional Plan should be reflected in the content of the LEP under the structure of the planning instruments; however we address the following policies within the Regional Plan where applicable to the proposed development. Clause 32B Development control coastal lands The Council must not consent to the carrying out of development which would impede public access to the foreshore or would result in beaches or waterfront open space being overshadowed before 3pm midwinter (standard time) or 7pm midsummer (daylight saving time) ; Rev 0, 21 November 2013 Page 22

28 The proposed development will not impact on public access to the foreshore. As part of the proposal, the access to the beach will be upgraded and the proposal will include upgrading works to the car parking area, installation of a beach shower, public toilet, bins and a cafe open to the public. Part 6 Tourism and Recreation Part 6 Tourism and Recreation, specifically clauses 67 to 76, are relevant to the proposed development. The objectives of the Regional Plan in relation to tourism (as defined within Clause 67) of the Regional Plan have been addressed as follows: Under the definitions of the Regional Plan the proposed development would be considered part of a large scale resort development. Table 2: Objectives of Part 6 of the North Coast Regional Environmental Plan 1988 The objectives of this plan in relation to tourism development are: RPS response (a) to encourage tourism activity that will complement the existing natural and man-made features of the region and be of positive benefit to the region s economy, and The proposed Central Facilities will be located in a unique location within Byron Bay, situated at the northern end of Bayshore Drive. The proposal is supported by this objective of the Regional Plan. The proposed North Bryon Beach Resort Central Facilities have been designed in response to the landscape setting of Belongil Creek and its surrounding environmentally sensitive areas. The native landscape value of the site will be supported through the landscape design of the development. The design intent is to reinforce local plant species and local landscape characteristics. The Central Facilities will be a positive benefit to the local and regional tourism sector and will establish an additional tourist destination to Byron Bay. The Central Facilities will support tourist activities for approximately 18 hours of the day and will not impact the residential areas of Byron. (b) to encourage a range of tourism facilities in the region without degrading important environmental or agricultural features of the region, and Resort cabins are currently located on the site. The proposed Central Facilities are part of the North Byron Beach Resort master plan and will provide a world class resort reception, lobby and lounge with associated conference facilities. The tourism facility will provide an opportunity for business and recreational tourism within the Byron region. The proposal will not degrade important environmental features which surround the site. (c) to encourage the location of tourism facilities so that they may benefit from existing air, road and rail The North Byron Beach Resort will be located within ; Rev 0, 21 November 2013 Page 23

29 services, physical service infrastructure, other tourist attractions, natural features and urban facilities, and (d) To encourage large scale resort development in places that are easily accessible to tourists by roads, railways or water transport (or any combination of them) of a high standard and that are in proximity to urban services. an existing site designated for tourism. The site location is such that it enables easy access to airports (Coolangatta / Ballina), the Pacific highway, bus services from Byron Bay and rail from the Gold Coast. The Central Facilities will be located at the northern end of Bayshore Drive, which is approximately 4.5km from the centre of Byron Bay. The location is easily accessible to tourists by road. The site is serviced by existing urban utilities which will be connected to the Central Facilities. Clause 75, 76 and 81 of the Regional Plan are also relevant to the proposal and are set out and addressed separately below. 75 Development control - tourism development This Clause states that Council must not grant consent to tourism development unless it is satisfied that: (a) adequate access by road, railway or water transport (or any combination of them) exists or will be provided to service the development, taking into account the scale of the development proposed, and (b) If the proposal involves permanent residential accommodation, all social and community services reasonably required by those residents exist in close proximity to the development, and (c) The development will not be detrimental to the scenery or other significant features of the natural environment, and (d) Reticulated water and sewerage are available, or arrangements satisfactory to the council have been made for the provision of those facilities. The North Byron Beach Resort will have access to road via Bayshore Drive to Ewingsdale Road. The proposed design of the Central Facilities will reflect the sub-tropical character of Byron Bay and will not be detrimental to the scenery of the surrounding natural environment. The proposal will be connected to all urban utilities. (2) In considering an application for consent to tourism development, the council must have regard to principles contained in the Tourism Development along the New South Wales Coast: Guidelines. (3) The council must not approve an application for large scale resort development unless it is within or adjacent to a prime tourism development area or adequate urban services are available. The proposal falls within the definition of a large scale resort development. The proposal is located within a prime tourism development area as defined by the Tourist Area Zone No.2(t) under the provisions of the LEP. Therefore, the proposed Central Facilities is supported by this Clause of the Regional Plan. 76 Development control - natural tourism areas Clause 76 states that: Before granting consent for the development of a natural tourism area for tourism purposes, the council must have regard to the Tourism Development Near Natural Areas: Guidelines for ; Rev 0, 21 November 2013 Page 24

30 the North Coast regarding the location of facilities, the intensity of development and the means of access available from the development to any adjoining natural areas. The proposed Central Facilities will be located on the eastern side of Bayshore Drive over part of Lot 10 on DP To the north of the North Byron Beach Resort, generally, is Tyagarah Nature Reserve. Lot 10 is not adjacent to a national park, nature reserve or state recreation area. However, broadly the North Byron Beach Resort area is located within an area of environmental value and where the presence of reserves and national parks are a theme of the locality. In assessing this application Council must have regard to the Tourism Development Near Natural Areas: Guidelines for the North Coast. The Council s LEP reflect the concepts and theory discussed in this supporting planning document. The proposal is supported by the LEP zoning for tourist activities and through high quality site analysis and design, the proposal responds to the locational and natural elements of the site. 81 Development control - development adjacent to the ocean or a waterway This Clause relates to land within 100 metres of the ocean or any substantial waterway. The eastern boundary of Lot 10 on DP fronts the Belongil Creek. The Clause states that Council shall not consent to a development application unless it is satisfied that: (a) there is a sufficient foreshore open space which is accessible and open to the public within the vicinity of the proposed development, (b) buildings to be erected as part of the development will not detract from the amenity of the waterway, and (c) the development is consistent with the principles of any foreshore management plan applying to the area. The site of the proposed Central Facilities is located more than 100 metres of the ocean and Belongil Creek. Therefore, the foreshore open space will be unaffected by the proposed development and the buildings will not detract from the amenity of the Belongil Creek. 5.2 Byron Local Environmental Plan 1988 Byron Local Environmental Plan 1988 (Byron LEP 1988) was gazetted on 17 March The aim, objectives and guiding principles for Byron Shire are set out within the Byron LEP The Byron LEP 1988 states The Council shall grant consent to the carrying out of development on land to which this plan applies only where the Council is of the opinion that the carrying out of the development is consistent with the aim, objectives and guiding principles of this plan. The Byron LEP 1988 affects the land. However, the emerging Draft Byron Shire Local Environmental Plan 2012 (Draft LEP 2012) has been advertised and although the Byron LEP 1988 is the leading statutory planning instrument for the Byron Shire, we note that the current visioning and future outcomes for Byron Shire are being formulated by the Council and the community within the Draft LEP Therefore, we assess the environmental impact of the proposal against the current LEP below and note the importance and relevance of the emerging Draft LEP 2012 for guiding the future development outcomes for the area. The zoning and permissible development provisions are addressed under section below and other provisions relevant to the proposed development are dealt within Section ; Rev 0, 21 November 2013 Page 25

31 5.2.1 PART 2 GENERAL RESTRICTION ON DEVELOPMENT ON LAND ZONING In implementing the aim, objectives and guiding principles of the Byron LEP 1988, land to which applies to the plan, is within a zone specified by the Byron LEP 1988 Maps. The Byron LEP 1988 Maps identify the site as being part within the Tourist Area Zone 2(t) and part within the Coastal Lands Zone 7(f1). Refer to Figure 6 Zoning Plan. The proposed North Byron Beach Resort Central Facilities are proposed on land zoned within the Tourist Area Zone and are permissible under the provisions of the Byron LEP 1988 for that zone. The zoning of the land promotes and encourages the location of tourist facilitates within designated areas under the provisions of the Byron LEP Importantly, the Byron LEP 1988 provides a framework which seeks to support the local residential community, local business community and the local environment. The proposal will ensure that much needed tourism facilities will not be co-located within residential areas which ensure the ongoing amenity of the residential community is protected. Development for the purposes of 'Tourist facilities' is permissible on land within Zone 2(t) (Tourist Area Zone). However, development for the purposes of 'Tourist facilities' is prohibited on land zoned 7(f1) Coastal Lands under the Byron LEP Despite tourism development being prohibited on part of the lot under the Byron LEP 1988, the proposed Central Facilities is proposed wholly on land within Zone 2(t) (Tourist Area Zone). The objectives of Zone No. 2(t) (Tourist Area Zone) are: (a) to idenitify land for tourist infrastructure and to encourage tourist accommodation and facilities; The Tourist Area Zone supports the proposed Central Facilities. The proposal successfully achieves the objective of the Byron LEP The proposal will ensure that high order tourist facilities are located and focused within the designated tourist zone under the provisions of the Byron LEP The North Byron Beach Resort will generate an increase in tourism expenditure throughout Byron Bay benefitting local buisnesses and the community. It is expected that visitors onsite will spend more than double the average daily visitor expendiure within Byron Bay. The proposed outcome will achieve world class resort facilities at the North Byron Beach Resort. The majority of the resort facilities will be open and avialable to the public, while some parts of the resort will be only available to resort guests, such as the pool, spa and gymnasium. The objectives of the Byron LEP 1988 for this zone are supported by the proposal. Under the provisions of the Byron LEP 1988the Applciant is eager to work with the Byron Shire Council and the community to achieve the most propserous resort and tourist outcome for the site and for the future of Byron Bay. The Applicant s vision for the site is to achieve a world class resort for the Byron Bay and North Coast region, offering both private guests and the community a range of beach, recreation and tourism opportunities. The proposal will assist in increasing the profile of Byron Bay as a tourist destination and assist in generating a positive brand image for the town. The proposal will also provide increased capacity which will enhance affordability during peak periods. Refer to Appendix H for the North Byron Beach Resort Tourism & Economic Assessment, prepared by MacoPlanDimasi. (b) to permit tourist development and uses assoicated with, ancillary to, or supportive of, tourist developments including retailing and service facilities where such facilities are an integral part of the tourist developent and are of a scale relative to the needs of that development; and The Tourist Area Zone supports the proposed Central Facilities. The proposal successfully achieves this objective of the Byron LEP The proposed Central Facilities will be located within the Touist Area Zone and is supported by the objectives of the zone ; Rev 0, 21 November 2013 Page 26

32 The Central Facilities will include associated tourist facilities such as conference facilities, reception, lobby facilities, restaurant and lounge, bar, a business centre and cafe, gymnasium and spa. The Central Facilities are an integral part of the North Byron Beach Resort and support the existing and proposed tourist cabins on the site. The resort has been designed to reflect the subtropical landscape themes and the beach shack venacular of the Byron Bay region. The tourist facilities have been designed to respect the existing environmental value of the land and are of a scale which is sibordinate to the landscape surrounds of the Belongil area. (c) to control by means of a development control plan the location, form, character and density of permissible developent. The layout, design, scale and intent of the proposed Central Faciities have been designed around the framework of the Development Control Plan, speficially Chapter 18: Becton Site and adjoining lands. The outcome for the site is supported by the zoning objectives of the 2(t) zone. The 7(f1) zoned portion of the site is located along the eastern side of the site adjacent to the Belongil Creek. The proposal will not have a detrimental impact on the scenic or environmental values of the land and the land is located more than 100m away from the mean high water mark and therefore it is not anticipated that it will be susceptible to coastal erosion. The objectives of the 7(f1) Coastal Land Zone are: (a) to identify and protect environmentally sensitive coastal land. This objective has been met by the proposal. The Central Facilities will be located on land zoned within the Tourist Area Zone. (b) to enable development for certain purposes where such development does not have a detrimental effect on the habitat, landscape or scenic quality of the locality; This objective has been met by the proposal. Development is not proposed on land within the Coastal Land Zone, 7(f1). The proposal is contained within the least sensitive area of the Belongil beach site where existing resort development is already located. (c) to prevent development which would adversely affect, or be adversely affected by, coastal processes; and The proposal does not include development on land within the Coastal Land Zone. Therefore the proposal meets this objective of the Byron LEP (d) to enable the careful control of noxious plants and weeds by means not likely to be significantly detrimental to the native ecosystem. The overall vision for the North Byron Beach Resort and surrounding lands includes significant revegetation and rehabilitation of native ecosystems and the replanting of native vegetation. Refer to Appendix B for the Landscape Design Report prepared by RPS. This objective is met by the proposal and the commitment of the Applicant to the environmental and landscape quality of the Belongil Creek area. Specifically in relation to Zone no. 2t (Tourist Area Zone) development which is supported by the zone without consent is bushfire hazard reduction. Development which is supported by Zone no.2t (Tourist Area Zone) with development consent includes: Agriculture, child care centres, clearing of land, clubs, community buildings, draining, environmental facilities, hotels, home occupations, motels, places of assembly, purposes referred to in Schedule 4, recreation areas, recreation establishments, roads, tourist facilities, transport terminals, utility installation ; Rev 0, 21 November 2013 Page 27

33 5.2.3 Other Relevant Clauses The other relevant sections of the Byron LEP 1988 are addressed below. DIVISION 3 CERTAIN DEVELOPMENT Clause 24 Development of Flood Liable Land Clause 24 applies to flood liable land and states The council shall not consent to the erection of a building or the carrying out of a work on flood liable land unless- (a) the council is satisfied that- (i) the development would not restrict the flow characteristics of flood waters; (ii) the development would not increase the level of flooding on other land in the vicinity; (iii) the structural characteristics of any building or work the subject of the application are capable of withstanding flooding; (iv) the building is adequately flood proofed; (b) satisfactory arrangements are made for access to the building or work during a flood. The site is known to be subject to flood inundation. Clause 24(2) requires that, notwithstanding subsequent clauses within the Byron LEP 1988the erection of a building on flood liable land requires the consent of Council. Council advises that development will be assessed on its merit and floor levels of all buildings be at or above the Flood Planning Level (FPL). For a number of reasons as set out within the Infrastructure Services Report a FPL does not exist for the nonhabitable buildings in this area. For the purposes of this proposal the level adopted for the FLP is RL 3.14 metres AHD. This FPL addresses the small and infill development FPL and the advice of the National Construction Code in relation to non-habitable floors. Refer to Appendix G Infrastructure Services Report, prepared by Ardill Payne. The Byron Shire Development Control Plan Part K requires a structural engineers report on the structural characteristics of the proposed building and its ability to withstand the force of flowing water and an adequate flood evacuation plan. Both these matters are met within Ardill Payne s Infrastructure Services Report. Clause 33 Development within Zone No.7(f1)(Coastal Lands Zone) Clause 33 of the Byron LEP 1988 outlines considerations for development within zone no. 7(f1) Coastal Lands Zone. The north eastern side of the site is zoned 7(f1) as shown in Figure 4 Aerial Photograph. The development considerations are addressed as follows: (a) (b) (c) (d) the likelihood of the proposed development adversely affecting, or being adversely affected by, coastal processes, the likelihood of the proposed development adversely affecting any dune or beach of the shoreline or foreshore, the likelihood of the proposed development adversely affecting the landscape, scenic or environmental quality of the locality of the land, and whether adequate safeguards and rehabilitation measures have been, or will be, made to protect the environment. The proposed development is proposed over the western part of Lot 10 on DP The proposed Central Facilities will be wholly located within the Tourist Area Zone, No.2(t). No part of the proposed ; Rev 0, 21 November 2013 Page 28

34 development will extend onto the land to the east which is within the Coastal Land Zone. Therefore, this Clause is not relevant to this development proposal. Clause 36 Development adjoining wetlands The Byron LEP 1988 zones wetlands within Zone No.7(a). Clause 36 applies to land adjoining or contiguous to land within Zone No 7(a). The subject site is partly within Zone no.2t (Tourist Area zone) and Zone no.7(f1) Coastal Land Zone. The subject site does not adjoin land which is within Zone no.7(a) Wetlands Zone. Refer to Figure 6 Byron LEP 1988 Zoning Plan. Land within Zone no.7(a) is within the area of land owned by the North Byron Beach Resort. The environmental value of surrounding lands is acknowledged by the Applicant and makes the site unique in its environmental setting, which is adjacent to the Belongil spit and is in close proximity to Belongil Beach. Clause 36 states that the council shall not consent to the carrying out of development on or adjoining or contiguous to land within Zone No 7 (a) unless it has taken into consideration: (a) the likely effects of the development on the flora and fauna found in the wetland, (b) the likely effects of the development on the water table, and (c) the effect on the wetlands of any proposed clearing, draining, excavating or filling. Although Clause 36 does not apply to this application, the Applicant takes due care in considering all potential environmental impacts. The Central Facilities is proposed in a location which is away from wetland areas and in a location which is already considered disturbed land. A Flora and Fauna Assessment (Refer to Appendix E) has been undertaken and does not identify any impacts on the surrounding lands and surrounding wetlands as a result of the proposed Central Facility. Flora and fauna found in the broader wetland areas will be protected and the proposal will not impact on the water table in this location. Stormwater management proposals represents current best practice water sensitive urban design principles using low impact development, stormwater treatment by bio-retention across grassed surfaces and infiltration to control pollutant runoff and increased stormwater runoff. Stormwater management will ensure that environmental impacts from the Central Facilities are managed and effects on surrounding ecological features will be minimal. In the broader context, the site is located in proximity to littoral rainforest which is currently being managed between the Applicant and WetlandCare Australia. Refer to Appendix E for the Flora and Fauna Assessment, prepared by Peter Parker Environmental Consultants Pty Ltd ; Rev 0, 21 November 2013 Page 29

35 Figure 6: Byron LEP 1988 Zoning Plan ; Rev 0, 21 November 2013 Page 30

36 DIVISION 4 GENERAL PROVISIONS Clause 40 Height of buildings Clause 40 states council must not consent to the erection of any building if: (i) (ii) the floor of the topmost floor level of the building exceeds 4.5 metres above the existing ground level, or the vertical distance between the topmost part of the building and the existing ground level below exceeds 9 metres. The proposed Central Facilities complies with this clause. The Central Facilities will not exceed 9 metres above existing ground level. The height and scale of the Central Facilities is appropriate to its location. The architectural design of the building has been inspired by the buildings setting and the environmental characteristics of the area. The design is focused on the surrounding subtropical landscape. The building height will ensure that the building will be subordinate to its surrounding native landscape. Clause 63 Development on land identified on the Acid Sulfate Soils Planning Map The land is identified as Class 4 Acid Sulfate Soils. The proposed development will not involve earthworks 2 metres below the natural ground level and therefore further assessment is not required. 5.3 Draft Byron Shire Local Environmental Plan 2012 The Draft Byron Shire Local Environmental Plan 2012 (Draft LEP 2012) was exhibited from 24 September 2012 to 24 December As section 79C requires the consent authority to consider a proposed instrument that has been the subject of public consultation, the Draft LEP 2012 may therefore be considered. The Draft LEP 2012 sets out the future strategic intent for Byron Bay s future. The emerging Draft LEP provides the current framework and vision for the future development of Byron Bay over the coming decade. The Draft LEP 2012 applies to the site with the exception of the land currently zoned Coastal Lands Zone under the Byron LEP 1998 (which is shown as a deferred matter under the Draft LEP 2012). Accordingly, once the Draft LEP 2012 comes into force, the provisions of the Byron LEP 1998 will continue to apply to land zoned Coastal Lands Zone under the Byron LEP Notwithstanding, the proposed Central Facilities will be located wholly within the Tourist Zone under the provisions of the Draft LEP Under the Draft LEP 2012, the site is zoned part SP3 Tourist Zone, part DM Deferred Matter and the surrounding land to the north, west and south is part E2 Environmental Conservation. Refer to Figure 7 Draft Byron LEP 2012 Zoning Plan. The objectives of the SP3 Tourist Zone are: To provide for a variety of tourist-oriented development and related uses. Response: The proposal will provide a world class resort facility within Byron Bay which will increase the profile of Byron Bay as a tourist destination. The Resort will also provide a range of both tourist and community based accessible activities through the onsite food and beverage services and the publicly accessible day spa ; Rev 0, 21 November 2013 Page 31

37 Figure 7: Draft Byron LEP 2012 Zoning Plan ; Rev 0, 21 November 2013 Page 32

38 To encourage tourist development in designated areas to reduce impacts on residential amenity in other zones. Response: Other forms of tourist accommodation, such as rented houses, are drawing visitors away from the dedicated tourism precincts which results in negative impacts for the existing residential community and a loss of tourism expenditure locally. The proposed North Byron Beach Resort will be located within a designated tourism area (i.e. Tourism Zone) which reduces the impact of tourism on the residential population of Byron, and focuses the tourism expenditure to local businesses. Impacts from the tourism industry are reduced significantly when tourist development is located within designated areas. The outcomes of focusing this development within designated tourist areas results in a prosperous, sustainable tourism sector which can have suitable buffers from, and co-exist, with local residents. Refer to Appendix H for more specific information relating to the economics attributes of the proposal. The proposed North Byron Beach Resort Central Facility is supported by the intent of the objectives for the land within this zone. The proposal would be Permitted with consent under the provisions for this zone. The vision for the North Byron Beach Resort is consistent with the objectives for the site over the coming lifetime of the Draft LEP The guiding principles of development and framework for the site are consistent with the Applicant s intended outcomes Draft Byron LEP 2012 Other considerations Other relevant provisions of the Draft LEP 2012 have been considered against the proposed development for the Central Facilities and summarised in Table 2 Draft Byron LEP 2012 Assessment Table below. Whilst the provisions of the Draft LEP 2012 are not binding or determinative in relation to the proposal, following an assessment of the proposal against the draft provisions it is submitted that the proposal is consistent with the aims of the Draft Byron LEP Table 3: - Draft Byron LEP 2012 Assessment Table Aspect Draft LEP 2012 Provision Comment Part 2 Permitted or prohibited Development Land Use zones Zoning The Draft LEP 2012 changes the 2(t) Tourist Area zoning of Lot 10 to SP3 Tourist Zone. The land that is currently zoned as 7(f1) Coastal Land Zone is identified as a deferred matter in the Draft LEP 2012 mapping and will continue to be governed by the provisions of Byron LEP Land surrounding the site is designated within the E2 Environmental Conservation. Part 4 Principal Development standards Minimum lot size Height of building Floor Space Ratio (FSR) 1ha on SP3 zoned land 40ha on E2 zoned land Maximum Building Height - 9m Maximum floor space ratio for a building on any land is not to exceed 0.2:1 for the SP3 zoned land only. No FSR is nominated for the other two zones. The Central Facilities are permissible in the SP3 Tourist zone and supported by the Draft LEP No changes are proposed to the lot sizes. The Central Facilities will not be greater than 9m in height. Notwithstanding the Draft LEP 2012, the DCP specifies a specific FSR for the subject site. The FSR proposed will comply with the Draft LEP 2012 and the provisions of Chapter 18 of the DCP ; Rev 0, 21 November 2013 Page 33

39 Part 5 Miscellaneous Provisions Development within the coastal zone Must consider: existing public access to and along the coastal foreshore for pedestrians the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and how biodiversity and ecosystems can be conserved the cumulative impacts of the proposed development and other development on the coastal catchment. Part 6 Additional Local Provisions Acid Sulfate Soils The site is Class 3. An acid sulphate soils management plan will be required to be prepared unless deemed otherwise under the Acid Sulfate Soils Manual. The site is located on land zoned within SP3 Tourist and DM Deferred Matter under the Draft LEP The eastern part of Lot 10 is located within the Coastal Zone. The proposed Central Facilities are not proposed within the Coastal Zone. This provision is noted, and it is added: No changes are proposed to the public access arrangements. The Central Facilities will be subordinate to the natural scenic quality of the site. Biodiversity and ecosystems will remain unaffected by the proposed development. There are no matters within this application that will alter the cumulative impacts of the development on the coastal catchment. An acid sulphate soils management plan will be prepared as required for construction certificate approval. Flood Planning Consent must not be granted unless the consent authority is satisfied that the development: is compatible with the flood hazard of the land; and is not likely to significantly adversely affect flood behaviour resulting in detrimental increase in the potential flood affectation of other development or properties; and incorporates appropriate measures to manage risk to life from flood; and is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses; and is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding. The flood impacts were modelled and summarised within the Infrastructure Services Report and show that the proposal will have a negligible impact on the floodway. Refer to the Infrastructure Services Report, prepared by Ardill Payne & Partners. The Central Facilities are to be constructed on a filled earthworks platform and the Flood Planning Level (FPL) has been defined as RL 3.14m AHD. The proposal will consist of a reinforced concrete slab on compacted fill with steel and concrete columns as major ; Rev 0, 21 November 2013 Page 34

40 supporting wall elements. The flow velocities are relatively small and able to be quiet easily accommodated by the proposed form of construction. Riparian land and watercourses Applies to land situated within 40m of a watercourse on the Watercourse map. Considerations for the development include whether it: (a) will cause any adverse impact on the following: (i) the water quality and flows within a watercourse, (ii) the aquatic and riparian species, habitats and ecosystems, (iii) the stability of the bed, shore and banks of a watercourse, (iv) the free passage of fish and other aquatic organisms within or along the watercourse, (v) any future rehabilitation of the watercourse and riparian areas, and (b) will increase water extraction from a watercourse. It is submitted that the proposal will not adversely impact the environment or cause unsustainable social and economic costs. Refer to Appendix G for further discussion. The site is traversed by a number of tributaries of Belongil Creek and man-made drainage and retention structures from previous tourist development on the site. The proposed Central Facilities will not give rise to any of the adverse impacts listed in this section. (a)(i) The works also will not affect the water quality and flows. Appropriate stormwater management will ensure water quality is not impacted. (a)(ii) The Central Facilities will not impact waterbodies or their potential habitats. (a)(iii) no works are proposed to the bed, shore or banks of a watercourse. (a)(iv) There will be no impacts to fish passage within any watercourse. (a)(v) There will be no impacts to future rehabilitation of any watercourse. Terrestrial biodiversity The consent authority must consider whether or not the development: will cause any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, will cause any adverse impact on the importance of the vegetation on the land to the habitat and (b) No water extraction is proposed. In summary: The proposed Central Facilities will not have adverse impacts on the ecological value or significance of the flora and fauna on the land. The proposal has been ; Rev 0, 21 November 2013 Page 35

41 survival of native fauna, has any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, will cause any adverse impact on habitat elements providing connectivity, and proposes measures to enhance the biodiversity values of the land. Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that: the development is designed, sited and will be managed to avoid any adverse environmental impact, or if that impact cannot be avoided by adopting feasible alternatives the development is designed, sited and will be managed to minimise and mitigate that impact and incorporate environmental protection and enhancement works that maintain or improve the biodiversity values of the land. designed to minimise the need to remove native vegetation. The proposal will require 18 native trees to be removed. These landscape species have been planted by the previous owner. These trees will be compensated by 125 trees of similar species in appropriate locations on the site. The extent to which habitat is likely to be removed or modified as a result of the vegetation clearing is negligible given the compensatory planting and extent of existing mature native vegetation. With minimal flora and fauna impacts, the potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land will be low. Will not impact on habitat elements providing connectivity. Biodiversity values will be enhanced through the retention of significant trees and compensatory planting. The development has been designed to avoid vegetation clearing where possible. The proposal is consistent with the objectives of Council s Biodiversity Conservation Strategy as areas of conservation value will not be impacted, significant trees are retained and locally sourced native plant species will be used in all landscaped areas. A Flora and Fauna Assessment has been prepared and is provided at Appendix E. 5.4 Byron Shire Development Control Plan 2010 The Byron Shire Development Control Plan 2010 (DCP) is to provide planning strategies and controls for various types of development permissible in accordance with the Byron LEP The DCP provides development controls and guidelines which are thought to be sufficiently flexible to promote innovative and imaginable building and development which relates to its surroundings ; Rev 0, 21 November 2013 Page 36

42 The proposed Central Facilities are permissible under the Byron LEP 1988 and under the provisions of the Draft LEP Chapter 18 Becton site and adjoining lands of the DCP is of relevance to the proposed development. In the event of any inconsistency between Chapter 1 and Chapter 18 of the DCP, Chapter 18 shall prevail. Chapter 18 identifies a range of performance controls and design framework relating to the development of the land. In considering development applications lodged over the site Council shall have regard to this performance framework. Preparing development control plans based on an existing development consent has inherent difficulties relating to outcomes, development options and achieving the highest and best use for a site. In this instance, the framework of Chapter 18 of the DCP was reflective of the development outcomes approved under the former Becton approval. The Applicant has no intension to act upon the Becton approval, as evidenced by this application and the previous Section 96 modification of the 1987 North Byron Beach Resort approval. Notwithstanding this, the framework of Chapter 18 has been considered within the development outcomes proposed. The proposal has been designed to meet the framework of the DCP in terms of layout, road design, land forming and environmental management. The site design and innovation of this proposal has been guided by the Applicant s vision for the site. The vision and subsequent design of the proposal extend beyond the prescriptive measures of Chapter 18 of the DCP. The development outcome proposed is site responsive and achieves a world class tourism outcome for the benefit of the Byron Bay community. Relevant Element Objectives or Performance Criteria or Prescriptive Measures have been included within this table as a specific reference. Table 4: - Byron Development Control Plan 2010 Assessment Table Feature Provision Comment Chapter 1: Part A General Crime Prevention Through Environmental Design (CPTED) There are four principles that need to be used in the assessment of development applications to minimise the opportunity for crime: surveillance access control territorial reinforcement space management. The Central Facilities will achieve high quality architectural and landscape architectural design and builds on CPTED principles. Examples of how CPTED principles will be achieved include, however are not limited to: Expansive glazing throughout the Central Facilities buildings, Carefully planned sight lines throughout the site to achieve high levels of pedestrian transparency and surveillance. Landscape design will include appropriately located plantings to achieve high levels of visibility or ; Rev 0, 21 November 2013 Page 37

43 Chapter 1: Part C Residential Development - Tourism Development C8.1 Tourism Development in Byron Shire For tourism development the minimum site area is 1,200m² and the minimum street front is 25 metres. Element Objective To enable the development of a diverse tourism industry which complements the natural, social and built environment so as to strengthen the local economic base of the Shire. Prescriptive measures Where tourism development is proposed in the form of a medium density development(d), residential flat building or a group dwelling(d) development, applicants must refer to the general provisions set out in Sections C1 and C2 of this Chapter and to Section C7 - Medium Density, in particular. For other forms of tourism development such as motels(d), hostels(d), cabins, caravan parks(d) and camping grounds, the provisions of Sections C9 and C10 apply. Chapter 1: Part C Residential Development - Motels, Hostels and Holiday Cabins Density Control - FSR No more than 1.2:1 Equity of Access and Mobility Character of Motel Units and Cabins Garbage Vehicle Movements screened and more private areas. Landscaping design will incorporate lighting to enhance safety. The subject site meets this criteria. The proposed tourism development incorporates a resort style development well located within the Tourist Area Zone. The Central Facilities will be a world class facility within Byron Bay offering the tourism sector and local community high quality restaurant and café offerings, well located to resort accommodation and the beach. This Part of the DCP has been considered for the broad elements of the resort. This application is for the Central Facilities of the resort and does not specifically relate to the specific accommodation units. Performance Criteria Developments must be designed to facilitate access and mobility by all members of the community. Performance Criteria Motel units and holiday cabins(d) must provide self contained eating and living areas and outdoor recreation/ living areas with access to winter sun and summer shade L bin per 3 holiday cabins Prescriptive Measures The FSR within Chapter 18 prevails over this part of the DCP. Please refer to the response to Chapter 18 below. The Central Facilities has been designed to facilitate access to all members of the community. Although this application is not specifically for the accommodation element of the resort, the architectural design of the Central Facilities will reflect the themes throughout the resort units. The refuse collection is demand based and will rely on needs of the resort ; Rev 0, 21 November 2013 Page 38

44 Pedestrian Movements Vehicle driveways must be designed to allow for dual transit adjacent to the office or reception area. Prescriptive Measures External pedestrian access between motel units(d), holiday cabins(d) and hostel(d) dormitories and other facilities provided as part of the development, including car parking spaces, must consist of appropriate connecting pathways or access balconies with an all weather surface, and must form part of, and be integrated with, the overall landscape plan for the development. Where Council considers it advisable, owing to the particular characteristics of the site(d) or the siting of buildings relative to each other and to other facilities provided as part of the development, any or all connecting pathways must be covered. This measure has been designed for within the Central Facilities layout by the traffic engineer. An assessment has been carried out to ensure that the vehicular requirements are met. Refer to Appendix C for the layout plan. Access along pedestrian corridor across the site will be facilitated for people with additional needs. Landscaping Paths of travel throughout the development (accessible units and common facilities) must be continuous and accessible so as to provide access to people with access disabilities. Performance Criteria The area reserved for recreation and communal activities (clause C10.2) must be common landscaped area(d). Council requires particular attention to be given to landscaping of street frontages and site boundaries, screening of amenities buildings and parking areas, and landscaping to increase the privacy and amenity of occupants. A landscape plan must be prepared for the whole of the proposed site, to address the above specific matters and to enhance climate control and the visual appearance of the development. Particular consideration will be given to: - The provision of appropriate trees on the site; - The retention wherever possible of the existing trees on the site; The landscape design across the site offers high quality outcomes with an innovative approach to achieve site sensitive and responsive planting. Refer to Appendix B for the Landscape Design Report ; Rev 0, 21 November 2013 Page 39

45 - The use of existing topographical features, earth mounding and terrace areas to create useful and visually pleasing recreation areas, and to assist screening where necessary; - The orientation of recreation areas and landscaped areas(d) with regard to sunlight and prevailing winds; - The provision of sufficient areas adequately shaded against the summer sun and allowing adequate penetration of winter sun; - Any other matters contained in Chapter 1Part H - Landscape. Equity of Access and Mobility Chapter 1: Part E Public Art Public Art Chapter 2: Part G Vehicular Circulation and Parking Car Parking Prescriptive Measures General Access Requirements Access must be in accordance with AS (including access to any laundry, kitchen, sanitary and common facilities, office and public telephone). One (1) on-site caravan (or the like) must be fully accessible per 10 on-site caravans, with a minimum of 1 fully accessible on-site caravans for each development. Parking One accessible space must be provided for each accessible on-site caravans in accordance with AS2890 Part 1. Public art is required to be provided for tourist and visitor accommodation 2(t) Tourist zone with a value of 2% of the total development cost and up to a max of $25,000. It can be designed integral to the development or on publically owned land in a town or local centre. Hotel 1 per 5m² public area in bars and lounges plus parking requirements for accommodation in accordance with requirements for motel. Access across the site will be in accordance with the Australian Standard. Accessible car parking spaces will be provided, again in accordance with the Australia Standard. Refer to Appendix C showing the car parking layout plans. Public art will be installed through the various landscaping design elements which will include superior design features to be installed throughout the site. Lighting in particular will serve as a purpose and key item of visual interest. Refer to Appendix B for the Landscape Design concept plans. The proposed Central Facilities will include car parking for 119 spaces and 4 accessible parking spaces ; Rev 0, 21 November 2013 Page 40

46 Bicycle parking Accessible parking Part G2.2 Parking layout Site distance Intersections Gradients Service and Garbage areas 2 spaces Bicycle parking is to be designed in accordance with AS Parking Facilities, Austroads 2009 and the NSW RTA Bicycle Guideline 2005 as appropriate. Provision must also be made for the parking of motor cycles as appropriate. Tourist facilities: 1 to 2 percent Page G11 contains diagrams representing the minimum dimensions for car parking layouts. Page G15 contains a diagram of recommended sight distance. Site entry/exit must not be closer than 6m to an intersection. The internal access driveway must be designed so that it is relatively level within 6 metres of the site boundary or any pedestrian way. The recommended maximum grade is 5%. All gradients of car parking surfaces, ramps and access driveways must be in accordance with Council standards and/ or AS Off-Street Car Parking. Loading and unloading from the street is not permitted. This application does not include the residential accommodation components of the North Byron Beach Resort. Refer to Appendix C for the Traffic Impact Assessment. Bicycle parking will be integrated into the landscape design. There is opportunity to accommodate bicycle parking fixtures within the car parking design and at central locations throughout the development. Motor cycle parking is achieved in the car parking design. A minimum of 2% of the parking will be accessible parking spaces. In summary, the proposal includes 128 spaces, including 4 disabled car parking spaces and 1 coach parking space. The proposal will comply with the Australian Standards. No change to approved access locations is proposed. No change is proposed to the approved site exit/entry. There is a single vehicular point of access to the site. Internal driveways comply with this grade and will be constructed in accordance with the Australian Standards. Garbage will be loaded internally. Chapter 1: Part J Coastal Erosion Lands New buildings /works to be temporary and able to be removed in the event of coastal erosion. Precinct 1 from the Beach Escarpment to the Immediate Impact line No building is to be located within 20 metres of the erosion escarpment; Dwellings be single storey only and of minimal practical floor space; Dwellings must be entirely modular in construction; Dwellings must consist of no more than Not applicable. A small portion of the eastern side of Lot 10 is located within Precinct 1. The proposal will not alter this land. The Central Facilities are not located within 20m of the erosion escarpment. No new buildings are proposed ; Rev 0, 21 November 2013 Page 41

47 Precinct 2 Between the Immediate Impact line and 50 year Erosion Line Precinct 3 Between the 50 year and 100 year Erosion Lines three (3) modules with specified dimensions; Development proposals to include details of removal procedures that can be achieved in 12 hours; and The relocation procedure must not require equipment reliant on mains electricity. All equipment required for the relocation procedure must be stored on site. Development consent granted in this precinct will cease to have effect if the erosion escarpment comes within 50 metres of any building. The landowner will be responsible for the removal or relocation of buildings more than 50 m from the erosion escarpment. Prior to lodging an application with Council, the developer must determine whether buildings are to be relocatable or demolished, should the consent cease. Development in Precinct 3 must be designed to be relocated or demolished, or to cease operation, should the erosion escarpment come within 50 metres. Development within this precinct will be considered on the understanding that any consent granted will be subject to the provision that should the erosion escarpment come within 50 metres of any building then the development consent will cease. If the development consent does cease then the owner of the land will be responsible for the removal of all buildings. within Precinct 1 from the beach escarpment and the Immediate Impact line. Not applicable. The proposed Central Facilities are not located within this area and the proposal will not alter this land. Not applicable. The proposed Central Facilities are not located within this area and the proposal will not alter this land. Chapter 1: Part K Flood Liable Lands Flooding Detailed flooding report and flood evacuation/contingency plan will be required. Details are provided in this section of the DCP. The Flood Planning Level is defined as RL 3.14m AHD. The flood behaviour of the site has been modeled and it has been demonstrated within Section 5 of the Infrastructure Services Report that the proposal will have a negligible impact on the flood catchment. The evacuation plan includes protocols during an emergency event. Details of the evacuation are included within the Infrastructure Services Report. Please refer to attached Infrastructure Services Report at Appendix G. Chapter 18: Becton Site and Adjoining Lands ; Rev 0, 21 November 2013 Page 42

48 Chapter 18 identifies a range of performance controls and design framework prescriptively relating to the development of the land. Development applications lodged over the Becton site and adjoining lands will be assessed in accordance with this performance framework. The preparation and framework of Chapter 18 of the DCP was based on the development outcomes approved under the former Becton consent. The Applicant has no intension to act upon this historic consent, although has considered the framework within the development outcomes proposed. The proposal has been designed to meet the broad framework of the DCP in terms of layout, road design, land forming and environmental management. All prescriptive measures of the DCP have been achieved as part of the proposal. Refer to the following assessment table. Coastal Habitat Precinct A Coastal Processes Precinct B Southern Wildlife Corridor Precinct D Bushfire buffers Prescriptive measures: Public beach access must be provided in accordance with Element 6.1 and an approved Dune Management Plan Performance criteria: Allows development that does not cause damage to habitat, no permanent buildings, and only temporary use of land for consecutive periods of max 14 days. Dunal restoration, revegetation, landscaping, environmental facilities, coastline access and management activities, and surf lifesaving facilities also allowed. Prescriptive measures: A fauna underpass linking Precincts C and D to be constructed under the main access road. Restored and revegetated habitats must create a 100 m wide continuously vegetated corridor from Precinct C to Precinct E. No new permanent structures or developments. Prescriptive measures: A 20m Outer Protection Area (OPA) to be established within Asset Protection Zones (APZs) adjoining Precincts A, B, C, D and E. No development or works other than bush fire protection and revegetation or landscaping in OPA. Walking / cycle tracks, access roads, draining, environmental facilities or recreation areas may be carried out in other parts of the APZs. Not applicable. Precinct A is not the subject of this application and no development is proposed within Precinct A. No change is proposed to the access arrangements to the beach. Not applicable. The proposal is not located within Precinct B under the provisions of Chapter 18 of the DCP. Not applicable. No development is proposed within Precinct D. Appropriate bushfire management will be achieved in accordance with RFS requirements. Refer Appendix I for more detail ; Rev 0, 21 November 2013 Page 43

49 Water buffers No habitable or storage structures within the APZs. Prescriptive measures: Plantings must be of local native species of local provenance seed stock, and comprise a suite of species comparable with the surrounding indigenous vegetation. Plans for revegetation of buffers around water bodies outside Precincts A, C, D, E and S must be included in the Landscape Plan prepared in accordance with Element 5.6. Plans for revegetation of buffers around water bodies within A, C, D, and E must be included in the Vegetation Management Plan prepared in accordance with Element 6.2. Plantings will be of a local native species. Refer to Appendix B for the Landscape Design Report. These provisions will be considered in its preparation. Mosquito management Lower density perimeter (Precinct 1) Central Development Area (Precinct 2) Prescriptive measures: Development for tourist facilities requires a report by a mosquito entomologist that analyses the extent and nature of potential risk to humans visiting the site from mosquito borne diseases Prescriptive measures: Tourist accommodation units and environmental facilities are permitted in Precinct 1. Sum of all tourist accommodation within Precinct 1: Maximum density of 14 bedrooms per hectare and a maximum FSR of 1:14. Calculations to be based on site area of 6.5ha. No single tourist accommodation unit is to have a gross floor area greater than 80m2 or more than 3 bedrooms. Prescriptive measures: Maximum density of 28 bedrooms per hectare and a maximum FSR of 1:6. Calculations to be based on site area of 4.9ha. The study site has identified two mosquito risk issues which will be managed. These are: Culex annulirostris, Mansonia uniformus and Coquillettidia Linealis breeding in periodically flooded revegeated Melaleuca forest areas and in constructed drains. Potential Verrallina funereal breeding in natural and constructed drains. Control of mosquito is recommended to follow established processes within an Integrated Pest Management (IPM) program. Not applicable. No change is proposed to the approved use within Precinct 1. The proposed Central Facilities are within Precinct 2. The proposed GFA will be approximately 3,579m² ; Rev 0, 21 November 2013 Page 44

50 Built form Prescriptive Measures: No overshadowing of public or private open space between 9am to 3pm midwinter and 8am to 6pm daylight saving time. This ensures that the scale of the tourist facilities is supported by the DCP and Byron LEP Keeping in mind that this Prescriptive Measure under Section 5.2 of Chapter 18 is derived from the development outcomes of the Becton approval. The scale of the Central Facilities is modest and of a human scale. The massing of the buildings along with the proposed landscaping outcomes will ensure the buildings are within a sympathetic native landscape setting and reflect the ecological setting of Belongil Beach. There will be no overshadowing to public or private open space. 5.5 NSW Coastal Policy New South Wales Coastal Policy 1997 A Sustainable Future for the New South Wales Coast (Coastal Policy) was prepared and released by the New South Wales Government in October The Coastal Policy fulfilled a commitment of the New South Wales Government to manage the coast in an ecologically sustainable manner. The objective of the policy is to protect and conserve the coast for future generations. Key initiatives which have been incorporated into or support the Coastal Policy include: The banning of canal estates in recognition of the impacts these development have on water quality, flooding and valuable ecosystems; The banning of sand mining in national parks; Development (other than for essential public purposes such as surf life saving clubs) on beach fore dunes is to be prohibited; Public access to beaches is not to be impeded by tourist resort developments; and Requirements that development proposals conform with specified design and planning standards to control height, setback and scale to ensure public access and ensure that beaches and foreshore open spaces are not overshadowed (Coastal Policy Page 11). The Coastal Policy applies to land that falls within the coastal zone. The subject site falls within the coastal zone and consent authorities will be required to assess any future development proposals against the policy. The Coastal Policy does not prohibit development on the site and is given statutory effect through State Environmental Planning Policy No 71 Coastal Protection. The proposed Central Facilities has been designed to minimise impacts on the natural environment and the natural functions of the coastal zone using the principles of ecologically sustainable development. The site is located within the coastal zone between Tweed Heads to Nambucca Heads as defined by the policy. The natural environmental values of the site have been outlined in detail within the Flora and Fauna Assessment, prepared by Peter Parker Environmental Consultants (Refer to Appendix E). The four principles of the policy are broadly addressed as follows: ; Rev 0, 21 November 2013 Page 45

51 Conservation of biological diversity and ecological integrity The subject site will not compromise the biological diversity and ecological integrity of the area and surrounding environmental values. The proposed location of the Central Facilities will be on land zoned as Tourist Area Zone No.2(t). Inter-generational equity The preservation of essential natural resources within the coastal zone will benefit and enjoyed by future generations. Improved valuation, pricing and incentive mechanisms The proposed development has been designed to ensure that water quality within the coastal zone will be unaffected by the proposal. The precautionary principle The proposed Central Facilities will be located on land zoned for tourism purposes. There will be no impact on coastal processes and therefore environmental impacts will be minimised. 5.6 Coastal Design Guidelines The Coastal Design Guidelines for NSW provides a framework for analysing the relationships between settlements and the local, urban and natural areas and between neighbouring settlements. The Guidelines develop a settlement hierarchy that recognises the difference in size, servicing, infrastructure, employment opportunities and the potential for growth. Five key objectives are stated: To protect and enhance the cultural, ecological and visual characteristics of a locality; To limit coastal sprawl by establishing separation and greenbelts between settlements; To integrate new development with surrounding land uses; To integrate land use with transport; and To protect local character. The proposed Central Facilities is consistent with the key objectives of the Design Guidelines. Technical investigations in relation to ecological characteristics of the site have concluded that the proposed development will not impact negatively on such matters and will be consistent with the surrounding land uses. Refer to Appendix E for the Flora and Fauna Assessment. 5.7 NSW Sea Level Rise Policy Statement The NSW Sea Level Policy Statement identifies sea level rise projections of up to 40 cm to 2050, and 90 cm to 2100, for the NSW coastline. The primary objective of the policy statement is to minimise the social disruption, economic costs and environmental impacts resulting from long-term sea level rise. To achieve these objectives, the statement identifies a number of policy principles: 1. Promote an adaptive risk-based approach to managing sea level rise impacts 2. Provide guidance to local councils to support their sea level rise adaptation planning 3. Encourage appropriate development on land projected to be at risk from sea level rise 4. Continue to provide emergency management support to coastal communities during times of floods and storms 5. Continue to provide updated information to the public about sea level rise and its impacts. The Central Facilities are setback over 100m from the mean high water mark and are located behind foreshore dunes and is therefore not anticipated to be affected by coastal process or hazards. The proposed development is not considered to be susceptible to impacts from sea level rise ; Rev 0, 21 November 2013 Page 46

52 6.0 Environmental Assessment Under the provisions of Section 79C(1) of the Environmental Planning and Assessment (EP&A Act) Act 1979, in determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application. (a) the provisions of: (i) any environmental planning instrument; (ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved); (iii) any development control plan; (iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F; (iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph); and (v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979). that apply to the land to which the development application relates, (b) (c) (d) (e) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality; the suitability of the site for the development; any submissions made in accordance with this Act or the regulations; and the public interest. In reference to item (a) above, the relevant planning controls and legislation have been addressed in Section 4 above. Items (b) to (e) are addressed below within Section 5.1, Section 5.2 and Section Likely Impacts of Development Context and Setting The proposal is consistent with the tourism land uses which exist on site. The proposal seeks to enhance the tourism uses for the benefit of the Byron Shire and North Coast region. The proposal seeks to establish high quality resort facilities which promote the tourist economy within Byron Bay. The Central Facilities have been designed with extensive consideration of the end users of the site in relation to conferences, functions such as weddings and restaurants. Land adjoining the Belongil Creek which is subject to tidal influences and dunal impacts will not be impacted upon as a result of this application. The tourism land use represents an efficient use of land within the Tourist Area Zone (2(t)) and would result in a development which would be consistent with the intention for the site, supported by the provisions of the Byron LEP ; Rev 0, 21 November 2013 Page 47

53 6.1.2 Architectural Design The architecture of the buildings is not proposed to dominate or define the landscape of the site. The architectural intent of the buildings is for them to frame and be defined by the surrounding landscape and views beyond the site. The architectural design is based upon the themes outlined within the Schematic Architectural Design Report (Appendix A), prepared by Shane Thompson architects. The scale and design of the proposal ensure that the architectural qualities of the proposal will create a unique place for people to gather, relax and rejuvenate within a uniquely Byron setting. The Schematic Architectural Design Report outlines the vision for the project and the architectural principles which were adopted and inspire the architectural approach to the design and include: The natural landscape; The symbiotic relationship between landscape and architecture; and The dominant form that which has evolved naturally by the action of wind on the ground,... The Schematic Architectural Design Report further outlines the design drivers and concepts utilised to formulate the proposal. Natural features and the surrounds have provided the architects with this inspiration. The design has utilised the elements of form, integration, paths and water to analysis the character and themes of the site. The 3D views of the proposal show the buildings and roof line and how the buildings will sit within the proposed landscape. The design and layout of the Central Facilities ensure that access is permeable and connections through the building and to the surrounding landscape are a prominent feature of the character of the buildings. The buildings are set out in two (2) opposing radial grids, firstly around the fire pit which encourages gatherings and interactions and the second is a water sculpture at the primary entry to the pool. Surrounding the buildings are lagoon pools which are used as a way-finding device around the buildings and landscape. The proposal sits within a natural landscape and it is proposed that the vegetation will characterise the resort and further define the experience at the resort. The architectural elements of the proposal establish the framework of a distinctive, iconic and locally set resort which represents the features and natural elements of Belongil Beach and the surrounding area. The Applicant is committed to delivering a world class resort which communicates the natural values of Byron Bay and the relaxed attributes of Byron s beach lifestyle to the tourism sector nationally and internationally. The elements and approach to the design is site specific and reflects and promotes the exceptional location of the North Byron Beach Resort. Materials and elements of the buildings are also represented by the architects which show natural renders, floors and materials are proposed throughout the building with an emphasis on nature, water and natural timbers and the use of light. Refer to Appendix A for the Schematic Architectural Design Report, prepared by Shane Thompson architects Landscape Design The Landscape Design for the site reflects the context and natural features of the surrounding Belongil area. The site analysis and in depth understanding of the site elements and features is demonstrated within the attached Landscape Design Report. The Landscape Design Report outlines the intents and desired outcomes for the site in conjunction with the built form and seeks to ensure that the setting and surroundings of the proposed buildings will integrate with the natural surrounds ; Rev 0, 21 November 2013 Page 48

54 The Landscape Design utilises local plant species and natural material selection to reinforce local Byron themes through the resort. The landscape principles adopted for the proposal include: 1. The landscape should integrate nature with built form, 2. Use raw materials such as timber, raw metals, stone and organic elements, 3. Design should respect the natural environment and the existing landscape, 4. Visitors and guests should meaningful engage and connect with the extraordinary qualities of the unique natural environment, 5. Built form design and choice of materials and finishes should integrate seamlessly with the outdoor design and natural landscape, 6. Human habitat and fauna habitat should co-exist, and 7. Materials should be locally sourced, maintaining a small project footprint. Key landscape design drivers for the proposal involve highlighting the primary landscape aspects of the resort which connect people to the place. The key design drivers are outlined in detail within the Landscape Design Report and build on the place making aspect of the resort. The landscape aspects are: Arrival, Water, Recreation and Dining. The Landscape Design Report also highlights the links between the Central Facilities and external landscape works proposed within the surrounding public space. Bayshore Drive will be upgraded as part of the proposal. The landscape approach to the resort includes building on the features of the existing natural environment and are outlined in detail within the Landscape Design Report. Primarily the planting palette for the proposed Central Facilities development include locally sourced native species. Refer to Appendix B for the Landscape Design Report, prepared by RPS Access, Transport and Traffic Access to the Central Facilities will be via Bayshore Drive. The traffic engineering impact assessment has estimated that the likely daily traffic generation of the proposed development is 436vpd with hourly flows during background peak hours up to 108vph. When compared to the estimated 2023 background traffic volumes + approved use of resort, daily traffic flow increases are: Ewingsdale Road 1.1%; Bayshore Drive South 7%; Bayshore Drive North 32%; and Sunrise Boulevard 1.3%. It is recommended by the traffic engineer that the following measures be undertaken to mitigate the additional traffic load on the surrounding road network: S94(a) contributions towards Bayshore Drive / Ewingsdale Road intersection upgrade to roundabout; Upgrade of northern section of Bayshore Drive to Collector Street; and Upgrade of railway crossing, to allow two way traffic movement. We recommend including these development commitments within any development consent issued as part of reasonable and relevant conditions. Refer to Appendix C for the Traffic Impact Assessment prepared by Greg Alderson & Associates ; Rev 0, 21 November 2013 Page 49

55 6.1.5 Flora and Fauna The proposed Central Facilities will be located on land to the east of Bayshore Drive. The existing natural environment of the site consists of landscaped species and areas which have experienced years of garden maintenance. Peter Parker Environmental Consultants have prepared a Flora and Fauna Assessment and submit that generic classification systems have little relevance for this type of highly modified landscape. Although the broader Belongil Beach area has a range of environmental and vegetation value, the specific site of the proposed Central Facilities is considered to be landscaped areas. Key elements of the Flora and Fauna Assessment are summarised within this section of the report. Refer to Appendix E for a copy of the Flora and Fauna Assessment. The proposal has been designed to minimise the need to remove native vegetation. The proposal has largely avoided trees of conservation significance. Trees of conservation significance which will remain are listed within Table 1 of Appendix E. 18 trees will need to be removed and these are listed within Table 5 of Appendix E. Tree removal will be compensated at a ratio of 10:1 in either landscape beds, along the existing forested and riparian area south of the proposal. In total, 125 advanced trees will be planted to offset tree removal. The new 125 trees will be sourced from local native species. Refer to the Planting Palette within the Landscape Design Report (Appendix B) which outlines the proposed species within the dunal landscape character area, littoral rainforest landscape character area. Flora Two threatened plant species, the stinking laurel and the durobby, occur at the subject site. The three (3) durobby specimens are located to the east of the proposed car parking area. These plants appear to have been planted about 20 years ago and have developed into mature fruiting plants. The design and layout of the car parking area has been designed to avoid these plants. The ecologist recommends the preparation of a vegetation management plan which will provide construction guidelines to manage and protect existing vegetation and monitor new plantings. The proposal will not have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction. Fauna The following 20 threatened species were recorded in the study area during surveys undertaken by Peter Parker Environmental Consultants: Two frogs: the wallum froglet and wallum sedge-frog; Eleven birds: the bush hen, the brolga, the black-necked stork, the square-tailed kite, the osprey, the pied oystercatcher, the sooty oyster-catcher, the little tern, the bush stone-curlew, the beach stonecurlew, the lesser sand plover; and Seven mammals: the koala, the northern long-eared bat, the little bent-wing bat, the fishing bat, the grey-headed flying-fox, the black flying-fox and the long-nosed potoroo. Six species have been recorded or may potentially occur within the landscaped areas in the vicinity of the proposed Central Facilities. These species are: Black-necked stork; The koala; The little bent-wing bat; The southern myotis; The grey-headed flying fox; ; Rev 0, 21 November 2013 Page 50

56 Common blossom bat; and The Flora and Fauna Assessment (Appendix E) address the circumstances of each of the species. The assessment concludes that the construction of the Central Facilities, including the car parking areas and roads is unlikely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction. The Byron Biodiversity Conservation Strategy 2004 The Flora and Fauna Assessment has also examined the proposal against The Byron Biodiversity Conservation Strategy It is submitted that the proposal is consistent with the objectives of the strategy in that it avoids areas of conservation value, retains significant trees and mitigated potential impacts by using locally sourced native species in landscaped areas. Refer to Appendix E for the Flora and Fauna Assessment, prepared by Peter Parker Environmental Consultants. The Flora and Fauna Assessment summarised its findings as followings: The assessment of the potential impact of the proposal concluded that there would be no significant effect on threatened species, populations or ecological communities or their habitats as no threatened plants or significant fauna habitat will be disturbed. Refer to Appendix E for the Flora and Fauna Assessment, prepared by Peter Parker Environmental Consultants Natural Environment A range of endangered ecological communities occur on the site and within the broader area. These are outlined within the Flora and Fauna Assessment (Refer to Appendix E). A small area of fringing vegetation which is characterised as a salt marsh endangered ecological communities occurs around the edge of the water body located near the Lake House. This vegetation will not be disturbed by the proposal. In summary, no endangered ecological communities will be impacted upon as a result of the proposed Central Facilities Environmentally Sustainable Development The Applicant is dedicated to delivering a world class resort development which not only contributes to the tourism sector and provides community dividend to the residential and business community but realises an Environmentally Sustainable Development (ESD). The Applicant s aim for North Byron Beach Resort is to create a development which is: As self sufficient as possible, working as an integrated system; As environmentally responsible as possible without adversely effecting amenity for the occupants; As cost effective as possible to build and operate, and Comfortable and enjoyable for the people who live and work there. (Page 2) ; Rev 0, 21 November 2013 Page 51

57 The strategy to achieve these aim s include: To use any natural resources available on site, To work with, rather than against, the local climate and prevailing weather conditions, To reduce long term effect on the site to a minimum: touch the earth lightly, To integrate systems so they operate in unison for maximum efficiency, To become a focal point for the local community, To minimise energy usage and generate as much on site as practical, and To minimise water usage and recycle water used on site (Page 2). The ESD strategy above has been adopted by the Applicant and is utilised throughout the decision making process for the proposal. The ESD DA report prepared by EMF Griffiths outlines the range of technologies which the Applicant is investigating as part of the Central Facilities proposal. The report outlines a description and demonstrates the applicability of each of the technologies to the proposal. The Central Facilities supports significant economic, environmental and social outcomes for the site and surrounds and for the Byron Bay community. The commitment of the ESD measures which exceed baseline expectations of the Byron LEP 1988 and Draft LEP 2012 demonstrates the Applicant s commitment to the success and future proofing of the project. Further detailed work will be required during the development assessment process and ultimately during the detailed design phase. The final adoption and integration of the ESD technologies will be during the construction phase and will contribute to the long term outcomes for the site. Refer to Appendix J for the ESD Report, prepared by EMF Griffiths Noise The scope of the Noise Impact Assessment included a study of the impact of the proposal on the road traffic noise levels on surrounding road network and on the acoustic amenity of nearby residences. Refer to the Noise Impact Assessment, prepared by Greg Alderson & Associates, for more detailed information within Appendix K. As part of the assessment background noise monitoring has been undertaken at the subject location. Due to the large density of vegetation and location of buildings it was not possible to find a suitable location that represents free field conditions. It was decided to place the noise monitoring equipment in an open area of the subject site at a distance from the ocean that was deemed representative for the Belongil Crescent receptors. It was found that ambient L Aeq s were in the mid-40 s during the day and the low 40 s at night. Noise testing was also performed to obtain road traffic noise levels at two locations to enable calibration of the road traffic noise model. The key conclusion of the Noise Impact Assessment is that the operational noise impact of the proposed development does not exceed limits specified in the NSW Industrial Noise Policy. Traffic generation will increase as a result of the proposal and it is expected that the criteria of the NSW Road Noise Policy are exceeded slightly (by about 2dB(A)) at the residential receptors in Bayshore Drive. A variety of mitigation measures are available to address this minor impact ; Rev 0, 21 November 2013 Page 52

58 6.1.9 Public Domain The proposal will contribute positively to the public domain and landscape character of the Bayshore Drive. Refer to the Landscape Design Report in Appendix B. Appropriate street tree planting and landscaping of the common areas and public domain is proposed, which will ensure that the development integrates with both the natural landscape of the surrounding area and the modest urban development which exists in surrounding locations Utilities The Infrastructure Services Report examines the water and sewer supply and infrastructure requirements of the proposal. The site is currently connected to Council s reticulated sewer and water system. The existing infrastructure is examined and conclusions are made in relation to the infrastructure requirements and relevant entitlements. In summary: Sewer Water Road The existing gravity system will be reused, A new pump station is proposed, Abandon the gravity system and pump station below the proposed development zone, Install a small transfer station upstream of the abandoned reach which transfers effluent to the new pump station, The existing 100mm upvc rising main along Bayshore Drive will be reused; and The site has sufficient ET s to accommodate the proposal. If only one hydrant is required a replacement main of 150mm will be required from the rail crossing connection; If more than one hydrant is required to operate at a time, a replacement 200mm main will be required from the rail crossing connection; and The site has sufficient ET s to accommodate the proposal. The report examines the road and stormwater management of the proposal. External road works are recommended as a result of the proposal. The report concludes infrastructure and service upgrades are required as follows: Upgrading of Bayshore Drive from the south side of the railway crossing to a new turn around nominally 170 metres past the proposed resort; and Upgrading of stormwater conveyance structures. Upgrading of electrical, water, communications and sewer services. The reduced levels along Bayshore Drive will remain similar to the existing levels except in proximity to the Central Facilities buildings where levels will be amended to suit the new building levels ; Rev 0, 21 November 2013 Page 53

59 Stormwater Management In summary of the stormwater management, all stormwater will be captured and treated on site. A detention basin is not required as part of the proposal. The site is connected to power and telecommunications infrastructure. These services will continue to be maintained. Some length of the existing overhead power lines along Bayshore Drive will be relocated underground for the purposes of improved firefighting safety and landscape. Refer to Appendix G for the Infrastructure Services Report, prepared by Ardill Payne, for more details relating to the above Flooding The Central Facilities are to be constructed on a filled earthworks platform above the existing ground level. The area has been indentified in previous flood studies as floodway. Under the provisions of the DCP Part K Flood Liable Lands Council submits that development can be considered on its merit and that floor levels of all buildings be at or above The Flood Planning Level (FPL). The engineering report concludes the FPL be defined as RL 3.14m AHD. The flood impacts were modelled and summarised within the report show that the proposal will have a negligible impact on the floodway. A structural assessment of the structural characteristics of the proposed buildings has also been undertaken to understand the building capability to withstand the force of flowing water, buoyancy effects and impacts by flood debris. It has been determined that the flow velocities will be relatively small and the structural stability of the buildings will be easily accommodated by any potential flood event. Refer to Appendix G of the Infrastructure Services Report, prepared by Ardill Payne Cultural Heritage There are no known issues of Aboriginal or Non Aboriginal Cultural Heritage associated with the site. The Central Facilities study area has been assessed as having low archaeological potential due to only one recovered significant Aboriginal site in close proximity and no new Aboriginal sites or area of predicted Archaeological sensitivity identified in the study area during May Refer to the cultural heritage report, prepared by Navin Officer Heritage consultants located within Appendix F Water Quality Erosion and sediment control is addressed in the Infrastructure Services Report within Appendix G. Measures will be implemented during both construction and operation to ensure that runoff leaving the site is of an acceptable quality Bushfire Hazards The site is considered as part of a Special Fire Protection Purpose (SFPP) development and also has a Class 9b use (conference rooms). A Bushfire Threat Assessment Report has been undertaken by Bushfire Certifiers for the site (refer Appendix I). The Bushfire Threat Master Plan is located within the Landscape ; Rev 0, 21 November 2013 Page 54

60 Design Report (Appendix B) and includes the analysis and the management plan which supports the Bushfire Threat Assessment Report. The Bushfire Threat Assessment Report demonstrates full compliance with the acceptable solutions for Planning for Bushfire Protection 2006 (PBP2006) is possible for the proposed Central Facilities. Measure Recommendation Method of Assessment APZ Required Water Supply Electricity Supply 50m APZ to west, northwest; southwest and south. 30m APZ to the east and northeast 20m APZ to the north Fire hydrants are to be provided within the site to comply with AS and s4.2.7 Proposed electricity supply to be located below ground level Acceptable Solution Acceptable Solution Acceptable Solution Gas Supply Gas supply to comply with PBP2006 Acceptable Solution Construction Standards Landscape Access BAL 12.5 AS Appendix 3 PBP2006. Landscaping within the APZ is to complete with Appendix 5 of PBP2006. The property access road (Bayshore Drive) is to comply with Table 4.1 of PBP2006 and s4.1.3.(1) although the requirements for 8m wide perimeter road is not required. Acceptable Solution Acceptable Solution Acceptable Solution The Bushfire Threat Assessment recommends the following: 1. The entire proposed central facilities and housekeeping buildings are to be constructed to BAL-12.5 AS Appendix 3 PBP An Emergency Evacuation Plan is to be prepared in accordance with s4.2.7 PBP2006 and submitted to the Consent Authority and NSW Rural Fire Service for approval. 3. Should a gas service be installed the following aspects will require compliance: Reticulated or bottled gas installed and maintained in accordance with AS1596 with metal piping used; Fixed gas cylinders to be kept clear of flammable material by a distance of 10 metres and shielded on the hazard side of the installation; Gas cylinders close to the dwelling are to have the release valves directed away from the building and at least 2m from flammable material with connections to and from the gas cylinder being of metal; and Polymer sheathed flexible gas supply lines to gas metres adjacent to the buildings are not used. 4. An Asset Protection Zone around the central facilities and the house keeping building of 50m to the south, southwest, west and northwest; APZ of 30m to the east and northeast and 20m to the north shall be provided and maintained in perpetuity in accordance with Planning for Bushfire Protection Landscaping is to be undertaken within the Asset Protection Zone (APZ) in accordance with Appendix 5 Planning for Bushfire Protection A Monitoring and Fuel Management plans is to be prepared and approved by the NSW Rural Fire Service and included as a condition of consent ; Rev 0, 21 November 2013 Page 55

61 5. Fire hydrants are to be provided and installed in accordance with s4.2.7 of Planning for Bushfire Protection The upgrading works on Bayshore Drive are to comply with s4.1.3(1) of Planning for Bushfire Protection 2006 with exception for the requirement of an 8m wide perimeter road. The assessment report addresses the requirements of PBP2006 for the proposed Central Facilities. Compliance with the intent of the policy document is considered to be achieved subject to the recommendations of the report. Refer to Appendix I for the Bushfire Threat Assessment, prepared by Bushfire Certifiers. Refer to Appendix B for the Bushfire Management Strategy within the Landscape Design Report, prepared by RPS Building Certification McCarthy Consulting Group Pty Ltd has undertaken a preliminary assessment of the proposed Central Facilities development against the Building Code of Australia. The assessment was based on the scheme drawings and has determined that the concept design of the proposal is readily able to comply with the performance requirements of the Building Code of Australia. Refer to Appendix L for the Statement of Compliance, prepared by McCarthy Consulting Pty Ltd. The statement of compliance has been prepared for the purposes of the development assessment process. A detailed assessment will be undertaken and report prepared once detail design progresses have been completed Safety, Security and Crime Prevention The proposal will increase in the transient population associated with proposal and therefore improve safety and security along Bayshore Drive and within the site. The design of the landscape works and siting of buildings will ensure that the areas around the resort have high levels of passive surveillance from both the internal pedestrian and road network and surrounding public areas including along Bayshore Drive and access to/from car parking areas and the beach Social & Economic Impact in Locality The proposal will have positive economic and social impacts on the local and regional area. It will provide for tourism in an area that is located in relative proximity to existing urban centres, associated services and transportation. The proposal will also generate positive impacts on the economy through investment, increasing tourism spending and increasing the employment market. Significant employment opportunities will be provided, both during the construction and operational phases of the proposal, within close proximity to the residential areas and town centre of Byron Bay. The proposal will also have positive social impacts through enhancing beach access, provision of a beach shower and toilet, the establishment of long term hospitality employment and creating spaces where community businesses can be supported Cumulative Impacts ; Rev 0, 21 November 2013 Page 56

62 The development of the site for tourism purposes has been envisaged since the initial establishment of the Globetrotters Caravan Park in the late 1960 s. Impacts in relation to the environment, bushfire management and traffic and other services have been addressed in this report and no adverse impacts are considered likely. The future development of the Central Facilities on this site will have an overall positive impact on the locality in terms of tourism, environment and economic development within Byron Shire for visitors to the area Scenic Impact Assessment The local area is characterised by a dominant landscape setting. Existing views in and around the site are of disturbed landscape featuring exotic plant species. The proposal will include re-vegetation and new plantings of native species which will enhance the natural landscape values of the site. The proposal has been designed to be north-east facing to take advantage of privacy and excellent solar access. The proposal is designed in a spiral arrangement of single storey buildings which focus on two opposing radial grids, the fire pit and a water sculpture at the formal entry to the pool. The buildings are designed to ensure the dominant experience is the landscape. The architecture is not intended to stand alone in the landscape, but rather by using a range of design elements, the planning of the buildings is permeable for ease of access and the use of materials are intended to reinforce the idea that the landscape including views beyond is what characterises the proposal. The scale of the proposal will ensure that the scenic impact of the proposal will be minimal. The buildings will not be viewed from the beach, nor will they be viewed from the surrounding areas due to the existing vegetation. The roof form of the buildings has been designed to be subordinate to and reflective of landscape features and will not look in contrast to the landscape setting of the site. The landscape design concept is of a high quality and together with the built form architecture promotes a landscape setting for the proposal based on existing natural features. 6.2 The Suitability of the Site for the Development The site is suitable for the proposal. It is appropriately supported by the Byron LEP 1988 and the Byron Shire Development Control Plan. The Byron LEP 1988 encourages tourist facilities on the site and the land is appropriately zoned. The location of the Central Facilities has access to the necessary services and infrastructure and will not impact on the environmental values of the surrounding areas. 6.3 The Public Interest The proposal will provide for additional tourist facilities, promote and preserve existing environmental values of the land, enhance the introduction of native plant species within the area and promote economic development. The proposal will have positive social and economic impacts through the creation of jobs during the interim construction phase and ultimately, long term, during the operational phase and an increased scale of tourism accommodation, activities and services. It is estimated that the Resort is expected to generate up to $27.4 million in tourism related expenditure per annum based on direct and indirect benefits. The development of the North Byron Beach Resort Central Facilities will provide a world class tourism facility, promote tourism and recreation at Belongil Beach and improve public community facilities ; Rev 0, 21 November 2013 Page 57

63 The elements of the proposal make a significant contribution to public dividend for the Byron Bay community. The public dividend includes The establishment of a world class conference facility benefiting the tourism sector; The creation of public amenities at the Belongil Beach, including a beach shower and toilet facilities; and The North Byron Beach Resort will be located within a designated tourist zone. This will ensure that residential amenity and harmony is maintained within Byron Bay and can co-exist with a thriving tourism sector. There are various elements of the proposal which will be open to the community as a destination and will be able to contribute to an outward and inclusive approach to the community. The proposal will invest in the Byron Bay community and will deliver high quality public infrastructure benefiting the residential and business community of Byron Bay. The Applicant is committed to working with the Byron Shire Council and the community openly and transparently to deliver a world class tourist facility. The proposed North Byron Beach Resort Central Facilities is within the public interest. Further detailed qualitative and quantitative benefits analysis is located within Appendix H Economic Overview, prepared by MacroPlan Dimasi ; Rev 0, 21 November 2013 Page 58

64 7.0 Conclusion This has assessed the environmental impacts associated within the proposed Central Facilities at North Byron Beach Resort, Byron Bay and it has demonstrated that the proposal is a solution which is supported by the Byron LEP 1988 and the emerging Draft LEP 2012 and is a high quality tourism proposal which is a sensitive development solution for the site which builds on the existing site characteristics and previous development. The site enjoys a long established history of tourism land use activity and is an excellent location to support Byron Bay s tourism sector. The establishment of the Central Facilities will reinforce the tourism and recreational opportunities at the North Byron Beach Resort for international and national tourists and visiting local community members. In assessing this proposal, RPS has demonstrated how the proposal satisfies the provisions of the Byron Local Environmental Plan 1988, the Draft Byron Local Environmental Plan 2012 and how it complies with the provisions of the relevant Development Control Plan. This assessment has also considered the merits of the Central Facilities against the provisions of the relevant State Environmental Planning Policies (SEPPs) including the North Coast Regional Environmental Plan. In meeting its objectives of Council s statutory planning policies, the proposal will establish a tourism facility with exceptional architectural and contextual merit, responsive to site characteristics and climate and appropriate to the Byron Bay tourism area. The proposal will benefit the local community by having a positive economic, environmental and social impact in Byron Bay and the region. The proposal is considered appropriate for the subject site when considering the local and regional intentions for tourism on the North Coast and specifically within Byron Bay for the following reasons: The proposal is supported by the provisions of the relevant State Planning Polices. The proposal is for a large scale resort development which is within a prime tourism development area and adequate urban services are available; The proposal is supported by the Draft Byron Local Environmental Plan 2012for tourist activities and through high quality site analysis and design, the proposal responds to the locational and natural elements of the site; The proposal is supported by the provisions of the Byron Local Environmental Plan 1988 and achieves the objectives of the Development Control Plan; The biological diversity and ecological integrity of the site and surrounds will not be impacted; The health and diversity of the local environment will not be impacted; The North Byron Beach Resort will introduce a world class conference facility which will economically benefit the region. The conference facility will seat 300 people and will provide a number of economic benefits. Specifically these benefits include increased tourism activity, increased expenditure and employment and economic opportunities for the Byron Bay community within the market segment; The scale of the proposal is appropriate for the site. The buildings will be single storey and are of a human scale within a native landscape setting; The Resort will be located within Zone No.2(t) (Tourist Area Zone) which supports a proposal of this nature. In turn, this will ensure that tourist activities will be located in appropriately zoned areas and will ensure the existing residential amenity of the Byron Bay community is maintained and protected; ; Rev 0, 21 November 2013 Page 59

65 The proposal will result in no significant effect on threatened species, populations or ecological communities or their habitats as no threatened plants or significant fauna habitat will be disturbed; The site is accessed by Bayshore Drive and is of an appropriate scale of development for the surrounding road network; The proposal will provide high quality native landscaping which will reflect the native vegetation attributes of the Belongil area; The proposal will have a range of positive economic outcomes for the Byron Bay area through development investment, increasing tourism spending and increasing the employment market (as discussed above); Significant employment opportunities will be provided, both during the construction and operational phases of the proposal, within close proximity to the residential areas and town centre of Byron Bay; The proposal will achieve strong environmental outcomes including the reintroduction of native flora through the landscape design and through the broader intentions of environmental and vegetation management; and The proposal will have positive social outcomes through enhancing beach access, a beach shower and toilet, the establishment of long term employment and creating spaces where community businesses can be supported. The Bushfire Threat Assessment Report addresses the requirements of PBP2006 for the proposed Central Facilities. Compliance with the intent of the policy document is considered to be achieved subject to the recommendations of the report. Bushfire threat has been a key consideration throughout the design of the proposal. Bushfire Certifiers and the Applicant have worked through the matters relating to the site context and surrounding lands and will continue to work together to achieve a proposal which provides low bushfire risk and protection for people and property. This has assessed all matters relevant to the proposal and it is considered that the proposal is suitable for the site and represents a form of tourism development which is support by the Byron LEP 1988, the Draft LEP 2012 and the DCP. It is therefore recommended that this Development Application for Development Consent is an appropriate use of land within the Byron Shire and be approved subject to reasonable and relevant conditions ; Rev 0, 21 November 2013 Page 60

66 Figure 8: Development Control Plan ; Rev 0, 21 November 2013 Page 61