LAKE MACQUARIE CITY COUNCIL

LAKE MACQUARIE CITY COUNCIL APPLICATION REFERENCES File : Assessing Officer: DA/102/2014 Brian Gibson Property Description: 30 Cowmeadow Road, Mount Hutton Application Description: Owner s Consent?: Capital Investment Value: Subdivision 1 into 2 Lots & Multiple Dwelling Housing (19 Units) & Strata Subdivision Yes, Mr Andrew Ong and Mrs Laura Ong $3,335,000.00 section 79c planning assessment report da 102 2014 Page 1 of 43

Site Inspection A site inspection was carried out prior to lodgement of the development application and on a number of occasions since the lodgement. This inspection has been carried out in accordance with all relevant procedures for site inspections. Environmental Planning and Assessment Act 1979 CLASSIFICATION OF DEVELOPMENT Is the development proposal Local Development? Is notification necessary? Have all adjoining and affected owners been notified (two week period)? Is the development proposal State Significant Development? If so, the Minister is the consent authority. Is the development proposal Advertised Development? Y/N Yes Yes Yes DESIGNATED DEVELOPMENT Is the development proposal Designated Development (as listed below)? Is the proposal for alterations or additions to development (whether existing or approved) that fits the definition of designated development? Y/N HERITAGE Will the proposal: Y/N Affect a heritage item or within the vicinity of a heritage item; Affect places/sites of known/potential Aboriginal heritage significance; or Affect known/potential archaeological sites/relics of European heritage significance? Will the proposal: Involve the demolition of a heritage item of state significance; or Affect known/potential archaeological sites/relics of European heritage significance? Will the proposal: Affect places/sites of known/potential Aboriginal heritage significance? Page 2 of 43

INTEGRATED DEVELOPMENT ASSESSMENT Integrated development is development (not being complying development) that, in order for it to be carried out, requires development consent and one or more of the following approvals - ACT APPROVAL Y/N Rural Fires Act 1997 S100B Development of bushfire prone land for a special fire protection purpose as defined in Section 100B of the Rural Fires Act 1997. Yes Rural Fires and Environmental Assessment Act 2002 The subdivision of bushfire prone land that could lawfully be used for residential or rural residential purposes Fisheries Management Act 1994 s 144 Aquaculture permit s 201 s 205 s 219 Permit to carry out dredging or reclamation work Permit to cut, remove, damage or destroy marine vegetation on public water land or an aquaculture lease, or on the foreshore of any such land or lease Permit to: a. set a net, netting or other material, or b. construct or alter a dam, floodgate, causeway or weir, or c. otherwise create an obstruction, across or within a bay, inlet, river or creek, or across or around a flat. Heritage Act 1977 s 58 Approval in respect of the doing or carrying out of an act, matter or thing referred to in S 57(1) Mine Subsidence Compensation Act 1961 s 15 Approval to alter or erect improvements within a mine subsidence district or to subdivide land therein Yes National Parks & Wildlife Act 1974 s 90 Consent to knowingly destroy, deface or damage or knowingly cause or permit the destruction or defacement of or damage to, a relic or Aboriginal place Mining Act 1992 S63 or s64 Permit a mining lease/tender over all or part of the land Petroleum (Onshore) Act 1991 S9 Approval for Petroleum Title Protection of the Environment Operations Act 1997 Ss 43(a), 47 & 55 Environment protection licence to authorise carrying out of scheduled development work at any premises ss 43(b), 48 & 55 Environment protection licence to authorise carrying out of scheduled activities at any premises (excluding any activity described as a waste activity but including any activity described as a waste facility ) ss 43(d), 55 & Environment protection licences to control carrying out of nonscheduled activities for the purposes of regulating water pollution resulting from the activity Page 3 of 43

INTEGRATED DEVELOPMENT ASSESSMENT 122 Roads Act 1993 s 138 Consent to: a. erect a structure or carry out a work in, on or over a public road, or b. dig up or disturb the surface of a public road, or c. remove or interfere with a structure, work or tree on a public road, or d. pump water into a public road from any land adjoining the road, or e. connect a road (whether public or private) to a classified road. Water Management Act 2000 s 89 Water use approval: to use water for a particular purpose at a particular location. Authorise the use within New South Wales of water taken from a water source outside New South Wales. s 90 Water Management Approval: Water Supply Work authorises holder to construct and use a specified water supply work at a specified location Drainage Work confers a right on its holder to construct and use a specified drainage work at a specified location. ood work confers a right on its holder to construct and use a specified flood work at a specified location. s 91 Activity Approval and Aquifer Interference: Controlled Activity confers a right on its holder to carry out a specified controlled activity at a specified location in, on or under waterfront land Aquifer Interference -.confers a right to carry out one or more specified aquifer interference activities at a specified location, or in a specified area, in the course of carrying out specified activities. Have all integrated referrals been sent? Have General Terms of Approval been received? Yes Yes INTERNAL REFERRAL ASSESSMENT DAC - Building DAC - Subdivision Required? Yes Required? Yes Received? Yes Received? Yes DAC - Tree DAC - Landscaping Required? Yes Required? Yes Page 4 of 43

INTERNAL REFERRAL ASSESSMENT Received? Yes Received? Yes DAC Erosion & Sediment DAC Flora & Fauna Required? Yes Required? Yes Received? Yes Received? Yes WER Environmental Management Integrated Planning Required? Yes Required? Yes Received? Yes Received? Yes AM - Traffic AM - Driveway Required? Yes Required? Yes Received? Yes Received? Yes AM Roads Maintenance CP - Contributions Required? Yes Required? Yes Received? Yes Received? Yes SUST Recycling/Waste WER Waste Collection Required? Yes Required? Yes Received? Yes Received? Yes Have all issues raised from the internal referrals been resolved? If no, list outstanding issues. Building Referral Officer advised in Memo dated 12 March 2014 of no objections subject to the imposition of conditions. Subdivision Referral Officer advised in Memo dated 31 March 2014 of the following: 2.1.6 - Water Bodies, Waterways And Wetlands The proposed development is within the catchment of Scrubby Creek. This catchment is identified within Council s Charlestown Section 94 Plan as requiring contributions to drainage facilities. This does not negate the development from providing facilities within their development though. This is discussed later in 2.5.3 / 2.5.4. 2.1.9 Sloping Lands & Soils The site has been identified as being within a T3 zone on Council s Geotechnical Maps. A satisfactory geotechnical investigation has been provided with the application by Regional Geotechnical Solutions. 2.1.10 Acid Sulphate Soils The development site was not identified as having potential Acid Sulphate Soils. Page 5 of 43

INTERNAL REFERRAL ASSESSMENT 2.5.3 2.5.4 Stormwater Management / On-Site Stormwater Harvesting Further information has been provided by the applicant s consultant in regard to stormwater management. The calculations and comments provided indicate that the flows from the site can be managed and satisfactorily connected to the downstream drainage system. The original design of the existing downstream system allowed for the conveyance of up to 688 l/s (in pipe and overland) entering the top of the site and flowing through the site. This development proposes to mitigate the upstream flows to 250 l/s in the 100 year event. As such with satisfactory detailed design and construction the flows through the existing system at 4 Cowmeadow Road should be improved. The applicant has obtained the agreement of the downstream owners (4 Cowmeadow Road) to create an easement over their land. This easement will need to be in place before issue of the CC. 2.6.3 Road Design (Public System) I note that the site is within the Mount Hutton Section 94 Roadworks & Traffic Management Catchment 1 & Catchment 3 and as such will be required to provide contributions toward local traffic facilities. As part of any consent that may be issued on the site, Council would require that the front of the development site be kerb and guttered and drained. Preliminary details have been provided and are satisfactory. Further detailed design will be required with any future CC for these works. 2.6.5 Public Transport/Pedestrian Concrete footpath exists only approximately 25 metres away from the site. This development should include footpaving for its full frontage and extending to connect to the existing footpaving. Details for the footpaving have been provided with the kerb and gutter plans as discussed above under 2.6.3. 2.6.7 Car Parking Areas & Structures The internal driveway and car parking area (including turning movements) for the development appear adequate for the development and comply with DCP requirements including AS 2890.1. 2.6.8 Vehicle Access Council s Traffic Engineer is satisfied that the site access has been located in the best location for the development site. 2.6.10 Servicing Areas The development proposes waste and recycling collection via a private contractor. Access and manoeuvring within the site to allow forward in and out of the site was achieved. General service vehicles such as furniture removal appear to be able to be catered for within the design. Tree Referral Officer in Memo dated 3 December 2014 advised that the findings of the Arborist report are concurred with, and that following resolution of construction details as Page 6 of 43

INTERNAL REFERRAL ASSESSMENT relation to Tree 58, it is expected the tree will be successfully retained. Conditions have been recommended. Landscaping Referral Officer advised in Memo dated 3 September 2014 that having reviewed the plans and application should the development be considered for approval in its current amended form and layout then landscaping and tree protection conditions as recommended to be applied. Erosion & Sediment Referral Officer in Memo dated 6 February 2014 advised of no objections and recommended the imposition of conditions. Flora & Fauna Referral Officer in Memo dated 5 March 2014 advised of no objections other than supporting issues raised by the Landscape Architect and Tree Assessment Officer. Environmental Management Referral Officer in Memo dated 3 December 2014 advised that a Detailed Contamination Assessment identified presence of asbestos. In addition to the report s recommendations conditions have been recommended. Integrated Planning Referral Officer in Memo dated 18 February 2014 raised no issues regarding the proposal and confirmed the required road reserve directly south of the site is not required for acquisition nor implementation. Traffic Referral Officer provided the following comments: 2.6.3 Road Design kerb fronts the property. Provide concrete kerb and gutter fronting the entire property. 2.6.4 Pedestrians and Cyclists Concrete footpath exists on Cowmeadow Road from the intersection with Warners Bay Road to the eastern boundary of H/.24 Cowmeadow Road, which is the neighbouring property. Provide concrete footpath across the frontage of the site and connect to the existing footpath. This will provide path connectivity from the site to the school, shopping centres and public transport. The footpath is proposed at 1.2 metres width, located against the back of kerb. The width of the footpath is to be 1.2 metres, clear of poles and other infrastructure. If these are located behind the kerb, the footpath to be provided be widened accordingly. Fencing is to be provided where there is a retaining wall or steep slope between the footpath and property boundary. 2.6.5 Public Transport The public transport infrastructure was upgraded as part of the Tennent and Dunkley traffic signal installation. alteration to public transport infrastructure is required as part of this proposal. Page 7 of 43

INTERNAL REFERRAL ASSESSMENT 2.6.6 Vehicle Parking Provision. bdrms). units Vehicle space / unit. spaces required. spaces provided 1bdrm or <75sqm - - - 2bdrm or 75 100sqm - - - - 3bdrm or >100sqm 19 1.5 28.5 36 visitor 19 0.5 9.5 10 Total 38 46 The number of parking spaces provided is considered acceptable for this development. 2.6.7 Car Parking Areas and Structures The design of the on-site driveway is adequate. 2.6.8 Vehicle Access Have reviewed the additional information relating to this driveway access. The driveway is in the optimal location for the block, and it is considered that relocating the driveway further west will impact on manoeuvrability as the driveway will connect with Cowmeadow Road at an acute angle, making access difficult. Provided Stopping restrictions are provided across the frontage as previously requested, no objection to the proposal is raised. Driveway Referral Officer in Memo dated 4 February raised no objections. Roads Maintenance Referral Officer in Memo dated raised: I refer to the subject application and advise that there are no objections to this development subject to the following items being considered in the final appraisal. The section of road where access, is to be gained from Cowmeadow Road, should be resurfaced with asphalt 20m either side of the proposed entry as shown on the plan provided. Vehicles turning in and out of the development will cause excessive screwing on the existing pavement surface deteriorating the road. The entire property frontage along Cowmeadow Road should have kerb and gutter constructed and cater for road surface water runoff in an appropriate manor. Comment: Contributions This issue was discussed with the Development Engineers and dismissed. Referral dated 26 vember 2014 outlined required Developer Contributions should development consent be granted. Recycling/Waste Page 8 of 43

INTERNAL REFERRAL ASSESSMENT Referral Officer commented on 13 August 2014 raised issues with aspects of the proposal in relation to storage, collection, and green waste. Comment: These issues have since been resolved through discussions with the applicant. Waste Collection Referral comment received 3 December 2014 was satisfied with the proposed waste collection measures by a private contractor. Subsequent discussions have ensured that waste collection vehicles will be able to manoeuvre on-site. SECTION 5A CONSIDERATIONS Having regard for Section 5A of the Environmental Planning and Assessment Act, do any of the following issues require further consideration? Whether the life cycle of a threatened species will be disrupted. Whether the life cycle of an endangered population will be disrupted. Whether the habitat of a threatened species or ecological community will be modified. Whether habitat will become isolated from other areas of interconnecting or proximate habitat. Whether critical habitat will be affected. Whether a threatened species, ecological community or habitat are represented in the region s conservation reserves. Whether the development is recognised as a threatening process. Whether any threatened species or ecological community is at the limit of its known distribution. Y/N SECTION 79C(1) EP&A ACT 1979 POTENTIAL MATTERS FOR CONSIDERATION (a)(i) the provisions of any environmental planning instrument (EPI) State Environmental Planning Policies Do any of the following SEPP s apply? Y/N If so, undertake separate assessment in that regard. State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 State Environmental Planning Policy (Housing for Seniors or People with a Yes Page 9 of 43

Disability) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Major Development) 2005 State Environmental Planning Policy (State and Regional Development) 2011 State Environmental Planning Policy (Temporary Structures) 2007 State Environmental Planning Policy (Urban Renewal) 2010 State Environmental Planning Policy. 1 Development Standards Yes A SEPP1 Objection has been lodged to vary a Development Standard under Clause 24 and Part 5, Clause 10, Subclause (1)(b)(i) of Schedule 2 of the LMLEP2004 with regard to achieving a minimum rectangular building area of 900m². The proposal includes a one into two lot subdivision of the existing Lot 8 DP 661118. The proposal will create Lot 81, being 910.2m² and to contain an existing dwelling house, and Lot 82, being 6101.8m² on which the Multiple Dwelling Housing development will be constructed. The proposed lot has an area of 910m² which complies with the minimum lot size, and achieves a minimum 25 metres width. It does not however achieve the required 900m² rectangular building area behind the front setback. Proposed Lot 81 contains an existing dwelling, which is a permissible use within the zone. Proposed Lot 81 is generally square in configuration, though has an angled frontage to Cowmeadow Road, resulting in a depth of 21 to 35 metres behind the building line. The development has been assessed against the LMLEP2004, the Lifestyle 2020 and DCP1, and as evident from the comment under Section 79C of this report is considered generally compliant. Further the variation to the Development Standard has been considered in terms of: o Sections 5(a)(i) and (ii) of the Environmental Planning and Assessment Act, 1979; and o The NSW Land & Environment Court caselaw (five part test) In summary, the SEPP1 objection to the Development Standard requiring a minimum rectangular building area of 900m² under Clause 24 and Schedule 2 of the LMLEP2004 (Part 5, Clause 10, Subclause (1)(b)(i)) is sound based on strict application of the standard being unnecessary as the proposal results in a medium density development, with subdivided Lot 81 containing an existing dwelling that has capacity to be developed either as a stand alone multiple dwelling housing development or to connect into the adjoining multiple dwelling housing development. The proposed development is therefore seen to be an orderly and economic development of the land for uses consistent with the zoning and which is considered to be a balanced development. State Environmental Planning Policy. 14 Coastal Wetlands Page 10 of 43

State Environmental Planning Policy. 15 Rural Land Sharing Communities State Environmental Planning Policy. 19 Bushland in Urban Areas State Environmental Planning Policy. 21 Caravan Parks State Environmental Planning Policy. 22 Shops and Commercial Premises State Environmental Planning Policy. 26 Littoral Rainforests State Environmental Planning Policy. 30 Intensive Agriculture State Environmental Planning Policy. 33 Hazardous and Offensive Development State Environmental Planning Policy. 36 Manufactured Home Estates State Environmental Planning Policy. 44 Koala Habitat Protection State Environmental Planning Policy. 55 Remediation of Land Yes A Preliminary Land Investigation Report as required by the SEPP identified introduced fill on the site. This PMR recommended a Detailed Contamination Assessment be provided. A subsequent DTA was provided found that the site is not presently suitable for residential occupation due to the presence of asbestos fragments. The report however recommended that the site can be rendered suitable for residential occupation subject to mitigative measures being undertaken. State Environmental Planning Policy. 64 Advertising and Signage State Environmental Planning Policy. 65 Design Quality of Residential Flat Development State Environmental Planning Policy. 71 Coastal Protection Lake Macquarie Local Environmental Plan 2004 What is the land zoned? 2(2) Residential (Urban Living) under the LM LEP 2004 What is the proposal for? Multiple Dwelling Housing and 1 into 2 Lot Subdivision Is this permissible within the zone? Multiple Dwelling Housing is permissible within the zoned subject to development consent. Subdivision (both Torrens and Strata) is permissible within the zone subject to development consent. Does it meet the objectives of the zone? The objectives of this zone are to: (a) provide for medium and high density housing, and Comment: The proposal is for a Multiple Dwelling Housing development. Page 11 of 43

(b) encourage development of good quality design within the zone, and Comment: (c) The merit assessment identified the proposed development to be of good quality design. This is evident in the privacy measures between development, compliance with development controls and enhancement of the future street character. provide an environment where people can live and work in home businesses and professional services whilst maintaining the residential amenity of the surrounding area, and Comment: (d) home businesses or home professional services are proposed at the moment however the development can likely accommodate such uses. provide residents with good access to a range of urban services and facilities, and Comment: (e) The development is in proximity to shops, public transport and public recreation space. encourage amalgamation of existing lots to facilitate well designed medium and high density development, and Comment: (f) The development site is of a suitable size/area to support a multiple dwelling housing proposal as demonstrated by a 79C assessment. provide for sustainable water cycle management. Comment: Council s Subdivision Development Engineers identified the proposed stormwater management as being acceptable. The development is considered to meet/satisfy the zone objectives as Page 12 of 43

Is it in accordance with the vision, values and aims of the Lifestyle 2020 Strategy? identified above. The Lifestyle 2020 Strategy underpinned the preparation of Lake Macquarie Local Environmental Plan 2004. This envisaged that development intensity would change over time when owners choose and land economic conditions were right for development. The proposed development is consistent with this envisagement. Part 3A: Controls relating to miscellaneous permissible uses Cl. 15A Controls relating to bed and breakfast accommodation Cl. 15B Controls relating to farm stay accommodation Part 4: Special provisions applying to all land Cl. 16 Development consent matters for consideration Yes, an assessment identified the proposal has had regard to the vision, values and aims of the Lifestyle 2020 Strategy and is consistent with the zone objectives. Cl. 17 Provision of essential infrastructure The development has access to all essential services. The development application plans have been stamped (dated 24 January 2014) by the Hunter Water Corporation. Cl. 18 Temporary development of land Cl. 19 (Repealed) Cl. 20 Suspension of covenants, agreements or instruments Cl. 21 Development the subject of SEPP 1 application Refer to comment under SEPP1, Clause 24 of the LMLEP2004 and DCP1. Part 5: Special controls for protection of the environment or for public land Cl. 22 Foreshore building lines Cl. 23 Foreshore development and development below DP high water mark Cl. 24 Subdivision Under Schedule 2 Subdivision Standards, the proposed development will create a Standard Lot (other standard lot) and an Irregular Lot (Battle Axe Lot). Proposed Lot 82 complies as an Irregular Lot (Battle Axe Lot) with the Development Standards. Page 13 of 43

Proposed Lot 81 achieves/satisfies the Development Standards of 25 metres width and minimum lot size of 900m² but does comply with the rectangular building area of 900m². A SEPP 1 objection has been lodged against compliance with this Development Standard. The assessment of the SEPP1 objection determined the variation is accepted based on: The development is consistent with the zone objectives and achieves the intent of the medium density zone The proposal supports a balanced outcome with regard to the existing neighbourhood amenity and character Supports the Vision, Values and Aims of the Lifestyle 2020 Has been considered with regard to the assessment matters identified under Clause 21 of the LMLEP2004 (see the assessment of the proposal under DCP1) For further comment refer to comment under SEPP1 (79c(1)(a)(i)). Cl. 25 Demolition Demolition works are proposed/required as part of the development application and are enabled by this clause. Cl. 26 Dwelling houses and dual occupancies in Zone 1(1), 7(1), 7(2), 7(3) or 10 Cl. 27 Dwelling houses and dual occupancies in Zone 1(2), 2(1), 2(2) or 7(5) Cl. 28 Dwelling houses on South Wallarah Peninsula in Zone 7(1) Cl. 28A RFB s and multiple dwelling housing in Zone 2(2) Subclause (2)(c) requires that consent must not be granted to multiple dwelling housing development unless the lot has a minimum area of 900m² and a minimum width of 25 metres (being at the front building setback). The development achieves/satisfies these requirements. Cl. 29 Building heights Refer to assessment comment under Page 14 of 43

DCP1. Cl. 30 Control of pollution Refer to assessment comment under DCP1. Cl. 31 Erosion and sediment control Refer to assessment comment under DCP1. Cl. 32 Flood prone land Cl. 33 Bush fire considerations Refer to assessment comment under DCP1. Cl. 34 Trees and native vegetation Refer to assessment comment under DCP1. Cl. 35 Acid sulfate soils Cl. 36 Mixed use development Cl. 37 Unzoned land Cl. 38 Advertising structures and signs Cl. 39 Additional development allowed on certain land Cl. 40 Development for the purpose of agriculture in Zone 7(2) Cl. 41 Development for the purpose of retirement villages Cl. 42 Consent to development subject to special requirements Cl.42A Restricted development Cl.42B Environmentally sensitive land Part 6: Heritage provisions Cl. 43 Objective Cl. 44 Protection of heritage items and heritage conservation areas Cl. 45 Development consent is not required Cl. 46 Cemetery or burial grounds Cl. 47 Assessment of heritage significance Cl. 48 Development requiring notification Cl. 49 Repealed Cl. 50 Development affecting places or sites of known or potential Aboriginal significance Page 15 of 43

Cl. 51 Development affecting known or potential archaeological sites or relics of European heritage significance Cl. 52 Development in the vicinity of a heritage item Cl. 53 Conservation incentives Cl. 54 Development in heritage conservation areas Part 7: Administrative Provisions Cl. 55 Acquisition of land required for community purposes Cl. 56 Interim development of land required for community purposes Cl. 57 Acquisition of land required for State roads Cl. 58 (Repealed) Cl. 59 Acquisition of coastal land Cl. 60 Development on land adjoining Zones 5, 7(1), 7(4) and 8 Cl. 61 Reclassification of community land as operational land Cl. 62 Public infrastructure in urban release areas Part 8: Middle Camp Site Part 9: rds Wharf Site Part 10: Minmi Newcastle Link Road Site (a)(ii) the provisions of any draft environmental planning instrument (EPI) The Lake Macquarie Local Environmental Plan 2014 was gazetted on 12 September 2014 and came into effect 28 days after publication. Clause 1.8A Savings provision relating to development applications provides that a Development Application made before commencement of the Plan but not finally determined before that commencement must be determined as if the Plan had not commenced. Hence, the application being lodged in January 2014 is to be determined against the LMLEP2004 with the LMLEP2014 treated as if a Draft Environmental Planning Instrument. Page 16 of 43

Under the LMLEP2014 the land is zoned R3 Medium Density Residential. Within the zone a Multiple Dwelling Housing development is permissible with Development Consent. Clause 2.6 requires land to be subdivided in accordance with the minimum Lot size of 900m². The development satisfies/achieves this outcome. (a)(iii) any development control plan Development Control Plan. 1 Principles of Development Section 1.9 Development tification Requirements Has the application been appropriately notified? Have all adjoining and affected properties been notified? Yes Yes Section 2.1 Environmental Responsibility and Land Capability 2.1.1 Ecological Values An assessment by Council s Flora & Fauna Officer identified no ecological values pertaining to the site other than the retention/removal of trees. 2.1.2 Ecological Corridors ecological corridors are mapped on the development site. The site is mapped however as containing partially cleared remnant native vegetation. For comment regarding the retention/removal of trees refer to comment under Section 2.1.4 of DCP1. 2.1.3 Scenic Values A Visual Impact Assessment is not warranted as some trees are to be retained that preserve the ridgeline of the western aspect. Further, additional canopy trees are proposed as part of the landscaping Page 17 of 43

outcome which will preserve the ridgeline into the future. 2.1.4 Tree Preservation & Management An Arborist Report was provided to address tree retention and protection measures. An assessment by Council s Tree Assessment Officer concurred with the findings and recommendations excepting concerns regarding infrastructure relative to Tree 58. Additional plans and information were provided to address concerns relative to Tree 58. Conditions have been recommended. 2.1.5 Bushfire Risk The land is mapped as Bushfire Prone Land. As the development includes a Subdivision, it qualifies as Integrated Development and hence a referral was sent to the RFS. GTAs have been issued by RFS. 2.1.6 Water Bodies, Waterways & Wetlands The development outcome can satisfy the GTAs. The proposed development is within the catchment of Scrubby Creek. This catchment is identified within Council s Charlestown Section 94 Plan as requiring contributions to drainage facilities. Contributions applicable to this development will be included as a condition. 2.1.7 Flood Management 2.1.8 Development on Flood Prone Land at Dora Creek 2.1.9 Sloping Land & Soils The site has been identified as being within a T3 zone on Council s Geotechnical Maps. A satisfactory geotechnical investigation has been provided with the application by Regional Geotechnical Solutions. Retaining Wall details provided demonstrate no retaining wall is on the common boundary (hence no encroachment onto adjoining land). Whilst retaining walls may exceed 1m in some parts, on the whole the design has been stepped to minimise impacts. Landscaping has been combined to ensure privacy and visual outcomes as a consequence of the retaining walls are suitable. Page 18 of 43

The proposed retaining wall along the boundary of proposed lots 81 and 82 does not straddle the boundary and is wholly contained within one lot. 2.1.10 Acid Sulfate Soils - The development site was not identified as having potential Acid Sulphate Soils. 2.1.11 Erosion Prevention & Sediment Control The Erosion and Sediment Control Plan prepared by Forum Consulting Engineers, Ref: Sediment/Erosion Control Plan (Drawing. 30970-SED-01 and 30970- SED-02. Revision B. Dated 14.01.14) satisfactorily addressed most requirements of Lake Macquarie LEP 2004, Clause 31 and this Section of DCP1 for the area of disturbance and the site risk associated with the development. Conditions of Consent are recommended should development consent be granted to address outstanding items as part of the requirements of the Plan for CC. 2.1.12 Mine Subsidence The development has been nominated as Integrated Development in relation to the Mine Subsidence Act. In this regard: The MSB issued an approval for the building plans in correspondence dated 4 February 2014. The MSB issued an approval for the subdivision to create Lots 81 & 82 in correspondence dated 5 February 2014. The MSB issued an approval for the subdivision creating strata lots 1-19 in correspondence dated 5 February 2014. 2.1.13 Contaminated Land A Preliminary Contaminated Land Investigation was carried out in accordance with SEPP55. This report identified introduced fill on the site and it was considered a Detailed Contamination Assessment be provided. A subsequent DTA provided found that the site is not presently suitable for residential occupation due to the presence of asbestos fragments. The report however recommended that the site can be rendered suitable for residential occupation subject to mitigative measures being Page 19 of 43

undertaken. Conditions have been recommended by Council s Environmental Department. 2.1.14 Energy Efficiency A BASIX Certificate has been lodged with the development application. The building plans reflect measures contained in the BASIX Certificate. Conditions will apply to ensure compliance with the BASIX Certificate. 2.1.15 ise & Vibration ise and vibration issues may arise during the construction phase, however standard conditions can be imposed. operational issues are expected once construction is complete. Additional noise may be generated by the increase in vehicle movements along Cowmeadow Road however these are not at a level that warrants an acoustic assessment. 2.1.16 Air Quality Air quality issues may arise during the construction phase, however standard conditions can be imposed. 2.1.17 Demolition and Construction Waste Management Section 2.2 Social Impact The development being a medium density residential housing development is not likely to generate any air quality issues once construction is complete. Issues relating to car use and air quality exist as they do for any other residential development, however the proposal is in walking/riding distance of public transport and retail services at Dunkley Parade. A satisfactory Waste Management Plan identifying demolition, construction and operational waste generation has been received. 2.2.1 Social Impact Assessment A Social Impact Assessment is required by Table 1, being for a Multiple Dwelling Housing development of greater than 9 dwellings. In this regard, a SIA is not required considering the development provides an Accessible Unit and a further adaptable Unit. An assessment found that the site levels are problematic and an Access Audit Page 20 of 43

as would otherwise be required would not achieve any additional benefits/outcomes. It should be noted the development is in proximity to open space and retail/commercial facilities and services. Section 2.3 Economic Impact 2.3.1 Economic Impact Assessment An Economic Impact Assessment is not required by the proposal. Section 2.4 Heritage 2.4.1 European Heritage Items 2.4.2 Catherine Hill Bay Heritage Conservation Area 2.4.3 Aboriginal Heritage Items and Sites 2.4.4 Natural Heritage Items Section 2.5 Stormwater Management, Infrastructure & On-Site Service 2.5.1 Essential Infrastructure The development is able to connect to essential infrastructure, ie. reticulated water, sewer, electricity and telecommunications. 2.5.2 On-Site Wastewater Treatment 2.5.3 Stormwater Management (Drainage System Design) 2.5.4 On-Site Stormwater Harvesting (Source Controls) Information provided by the applicant s consultant in regard to stormwater management indicate the flows from the site can be managed and satisfactorily connected to the downstream drainage system. As such with satisfactory detailed design and construction the flows through the existing system at 4 Cowmeadow Road should be improved. The applicant has obtained the agreement of the downstream owners (4 Cowmeadow Road) to create an easement over their land. This easement will need to be in place before issue of the CC. 2.5.5 Operational Waste Management Waste collection is proposed via contractor to collect wastes and recyclables from within the site. Details from a contractor have confirmed the site can be serviced. Minor amendments in red are proposed to ensure adequate manoeuvring areas are Page 21 of 43

provided for the waste collection vehicles. The drawings identify bin storage locations for two bins, with green waste to be managed by the body corporate through contractors undertaking gardening maintenance and carrying related waste from the site. Section 2.6 Transport, Parking, Access and Servicing 2.6.1 Movement System 2.6.2 Traffic Generating Development 2.6.3 Road Design The site is within the Mount Hutton Section 94 Roadworks & Traffic Management Catchment 1 & Catchment 3 and as such will be required to provide contributions toward local traffic facilities. As part of any consent that may be issued on the site, Council would require that the front of the development site be kerb and guttered and drained. The applicant provided preliminary civil details for these works which have been accepted by Council s Principal Development Engineer. Details for footpaving should be included with the kerb and gutter plans requested above. 2.6.4 Pedestrian & Cycle Paths Concrete footpath exists on Cowmeadow Road from the intersection with Warners Bay Road to the eastern boundary of H/.24 Cowmeadow Road, which is the neighbouring property. A concrete footpath should be provided across the full frontage of the site and connect to the existing footpath to the north-east. This will provide path connectivity from the site to the school, shopping centres and public transport. A condition of any consent will require the provision of a footpath along the full frontage. 2.6.5 Public Transport The public transport infrastructure was upgraded as part of the Tennent and Dunkley traffic signal installation. alteration to public transport infrastructure is required as part of this proposal. Concrete footpath exists approximately 25 metres to the north-east of the site. This Page 22 of 43

development will provide footpaving for its full frontage and extending to connect to the existing footpaving. 2.6.6 Vehicle Parking Provision Vehicle space / unit. spac es req.. spac es prov.. bdrms). units 1bdrm or <75sqm - - - 2bdrm or 75 100sqm - - - - 3bdrm or >100sqm 19 1.5 28.5 36 visitor 19 0.5 9.5 10 Total 38 46 The number of parking spaces provided is considered acceptable for this development. 2.6.7 Car Parking Areas & Structures The design of the on-site driveway is adequate. The internal driveway and car parking area (including turning movements) for the development appear adequate for the development and comply with DCP requirements including AS 2890.1. The adaptable Unit has been provided with a compliant disability parking space within the garage. 2.6.8 Vehicle Access Council s Traffic Engineer advised the driveway is in the optimal location for the block, and it is considered that relocating the driveway further west will impact on manoeuvrability as the driveway will connect with Cowmeadow Road at an acute angle, making access difficult. Provided Stopping restrictions are provided across the frontage as previously requested, no objection to the proposal is raised. Stopping parking restrictions are to be installed across the frontage of the site to ensure that the maximum sight distances that can be achieved. This signposting will have to be approved by the Lake Macquarie Traffic Facilities and Road Page 23 of 43

Safety Committee, and must be approved prior to issuing of the first (if staged) Occupation Certificate. 2.6.9 Access to Bushfire Risk Areas Refer to GTAs issued by NSW Rural Fire Service. 2.6.10 Servicing Areas Refer to Section 2.5.5 of DCP1 regarding waste and recycling collection requirements. General service vehicles such as furniture removal appear to be catered for within the design. 2.6.11 On-Site Bicycle Facilities 2.6.12 n-discriminatory Access & Use An Access Audit prepared by a suitably qualified Access Consultant was initially required, however through discussions with the applicant it was realised that site gradients would prevent compliance with paths of travel. Section 2.7 Streetscape and the Public Realm This was accepted by Council s Senior/Disability Officer subject to the following: I acknowledge the challenges of the developer to comply with 1:10 ratio adaptable dwellings of the development due to the topography of the site. Taking into consideration that the initial intention for unit 1 to be an adaptable dwelling, I recommend that the internal layout and car parking of this dwelling comply with AS 4299. The developer needs to provide details of compliance with AS 1428.1 in terms of external and internal doorway widths. I recognise that a continuous path of travel compliant with AS 1428.1 will not be possible from this dwelling. A pathway compliant with AS 1428.1 must be provided from the adaptable dwelling (no 11) to the proposed internal footpath. A condition will be imposed requiring such measures. 2.7.1 Streetscape & Local Character The existing character of Cowmeadow Road from the intersection with Progress Page 24 of 43

Road and Judd Street is predominantly single storey detached dwellings on single lots, though there is medium density infill. This existing character is to transition predominantly to medium density on the south-eastern side of Cowmeadow Road. This is based on the 2(2) zoning and the intent of the Mount Hutton Area Plan. The development achieves/satisfies the desired character of the zoning and Area Plan, as evident by the single storey presentation to the street, with two storey development sited within the site. The development also supports the native vegetation outlook of the locality through the retention of trees along the frontage and within the site. 2.7.2 Landscape The landscape plans have been reviewed by Council s Landscape Architect who advised that should the development be considered for approval in its current amended form and layout then landscaping and tree protection conditions as recommended to be applied. 2.7.3 Public Open Space 2.7.4 Pedestrian Networks & Places The pedestrian networks are acceptable subject to extending the concrete footpath across the site frontage to the existing to the south of the site. 2.7.5 Light, Glare & Reflection Lighting of the development s driveway and parking areas will not impact on adjoining properties. A standard condition can be imposed to ensure compliance with the Australian Standard. 2.7.6 Views The outlook and views (suburban and bushland) of adjoining owners are generally retained due to the sloping nature of the locality. The immediate views into the landscaped lot will be lost through its redevelopment. 2.7.7 Signs 2.7.8 Fences Boundary fencing of 1.8 m high will exist along the common boundaries with adjoining properties. In combination with the boundary fencing, privacy screens will be erected inside the northern boundary to Page 25 of 43

ensure privacy between the development on the high side (inside) and existing units on the low side of the fence. Some parts of fencing along the northeastern boundary will need to be upgraded to improve privacy between the adjoining medium density developments. A standard condition will apply in this regard. 2.7.9 Safety & Security A CPTED report was submitted with the development application and generally concurred with. Matters as resolved by additional information and amended plans is: Section 3.1 Lake, Waterway and Coastline Development Delineation of the public and private spaces at the front boundary and between communal and private areas within the site. Access control to areas along the south-western boundary. 3.1.1 Development Adjoining the Lake & Waterways Zone 3.1.2 Development in or Adjoining the Coastal Zone Section 3.2 - Subdivision 3.2.1 Neighbourhood Design 3.2.2 Lot Size & Layout The land is zoned 2(2) under the LM LEP 2004. The minimum lot size under Schedule 2 for a subdivision within the 2(2) zone is 900m² with a rectangular building area with a minimum area of 900m² and a minimum width of 25m. 3.2.3 Subdivision in the Conservation, Environmental and Rural Zones Lot 82 achieves/satisfies this requirement however Lot 81 does not achieve/satisfy the rectangular building area with a minimum area of 900m². A SEPP1 objection was lodged to address this issue. 3.2.4 Community Title Subdivision 3.2.5 Boundary Realignment Page 26 of 43

Section 3.3 Urban Centre Development 3.3.1 Centre Design of Buildings & Places 3.3.2 Centre Amenity & Performance 3.3.3 Centre Home Employment Development Section 3.4 Housing Building Siting, Form and Design 3.4.1 Building Siting and Bulk The lot is an east-west oriented lot. Front - minimum setback from Cowmeadow Road is 5.9 metres which is compliant. Side/Rear the minimum setback on the northern boundary is 4 metres for Unit 1 (single storey) and 5 metres or greater for Units 2-10 (two storey), with Unit 11 being 4 metres (and 1.6 metres from the eastern setback). Units 12 to 19 have a setback of 3 metres or more from the southern boundary and Unit 12 a 900mm setback from the western boundary. These setbacks are compliant. The Building Envelope identifies an encroachment for Unit 12 on the north-west elevation including eaves and walls. This encroachment is accepted based on its minor nature (bulk/scale), and that it has no effect in terms of privacy and solar access. Bulk following negotiations with the applicant, design changes have been made to minimise building bulk through materials, colours and design changes. 3.4.2 Building Heights Maximum height under Section 3.4.2 is 10 metres/3 storeys. The proposed development provides the following: Units 2, 3 & 4, 5, 13, 15, 16 below 10 m but above 8m Units 1, 6, 7, 8, 9, 10, 11 below 8 metres The buildings are compliant with the 10m/3 storey height limit. Page 27 of 43

3.4.3 Site Coverage & Unbuilt Areas Calculations identified approximately 45% as landscaped area, thus complying with the minimum 30%. 3.4.4 Solar Access Solar access to minimum identified private outdoor open space is compliant for all units. Solar access to living areas of proposed units is acceptable. Solar access to adjoining development is not impacted by this development. 3.4.5 Privacy Internal privacy is compliant following modifications to the Unit designs, landscaping and fencing improvements. Privacy between the development and adjoining residential dwellings with particular emphasis along the north boundary were a concern due to level changes and proximity of adjoining dwellings. The outcome is satisfactory considering the orientation of private outdoor areas, window outlooks from kitchen/living areas, landscaping and the use of timber batten screens along the boundary. The landscaping will over time achieve adequate privacy between the developments, with the timber screens to provide increased privacy in the interim. te, detailed cross section drawings provided demonstrate the privacy to be achieved between the developments. 3.4.6 Private Outdoor Areas Dimensions of private outdoor areas for Units 12 to 19 are compliant with the minimum 10m² (balconies). Units 2 to 10 achieve adequate Private Outdoor Areas (an alternative to strict adherence to the minimum 5m by 5m is achieved for Units 3 6 & 8 through large poa with varied dimensions). Private outdoor areas oriented north-east and able to achieve satisfactory solar access over 50% of the area for 3 hours between 9am and 3pm. Location of private outdoor areas is satisfactory including Unit 1 which has the poa located within front setback. The variation for Unit 1 is accepted based on the design of the setback (level change Page 28 of 43

between road and pos) and landscaping, and that an additional north facing area three metres wide exists along the side boundary. 3.4.7 Communications & Other Household Services Internal privacy between Units is satisfactory. AC locations not as yet determined, though applicant has indicated likely locations. These locations are not likely to disrupt the amenity offsite or within the site. Suitable storage capacity and location is provided for Waste Bins for each Unit. 3.4.8 Garages, Sheds & Driveway Access An internal pedestrian pathway is provided from Cowmeadow Road through the site. The depth and width of garages, inclusive of the adaptable unit, are compliant with AS 2890. 3.4.9 Environmental Performance Refer to other sections of DCP1 regarding Environmental Performance. Section 3.5 Housing Specific Housing Types 3.5.1 Dwelling House 3.5.2 Small Lot Housing 3.5.3 Dual Occupancy Housing Attached & Detached 3.5.4 Multiple Dwelling Housing A designated adaptable dwelling (Unit 11) has been provided, with a further dwelling (Unit 1) having capacity for conversion to an adaptable dwelling through internal access/doorways proving compliant widths. Pedestrian access has been provided into the development, through the development and to the Communal Area. Lighting of the internal driveway and communal areas/spaces to be conditioned. The Communal Area between Units 16 & 17 has a Covered Seating Area as detailed on the Landscape Plans. Additional details are required of the proposed embellishment at CC. A standard condition will apply. A Communal Wash Bay has not been provided. This outcome is accepted based on alternative (commercial) facilities nearby Page 29 of 43

3.5.5 Residential Flat Buildings and the implications of providing one on site. Section 3.6 Industrial, Bulky Goods and Utility Installation Development 3.6.1 Environmental Performance 3.6.2 Site Layout 3.6.3 Building Design & Appearance Section 3.7 Specific Land Uses 3.7.1 Brothels 3.7.2 Home Industry & Business Activity 3.7.3 Professional Consulting Rooms 3.7.4 Child Care Centre 3.7.5 Service Station 3.7.6 Tourist Accommodation & Tourist Resort 3.7.7 Intensive Agriculture 3.7.8 Bed & Breakfast Establishment Section 4.2 Martinsville Area Plan Section 4.3 Dudley Area Plan Section 4.4 Boolaroo Area Plan Heritage Precinct Section 4.5 West Wallsend/Holmesville Area Plan Heritage Precinct Section 4.6 Teralba Area Plan Heritage Precinct Section 4.7 Toronto Area Plan Heritage Precinct Section 4.8 Rathmines Area Plan RAAF Base Section 4.9 Morisset Area Plan Hospital Grounds and Farm Page 30 of 43