REPORTS BY DEPARTMENT REQUIRING RESOLUTION BY COUNCIL · Owner: Mr D W and Mrs J K Maroulis...

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 16 August 2016 commencing 6.00pm.

GENERAL MANAGERS REPORT

Craig Deasey NOTICE OF CONDOLENCE - MR ARTHUR “PEDRO” GLEN NEWTON

Precis:

Reporting on the passing of a former long serving employee.

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Councillors, I have recently been advised of the death of a former long serving employee of Dungog Shire Council.

Mr Arthur Glenn Newton was an employee of Council from 8 March 1954 to 30 August 1996, in the testimonial that was issued to Mr Newton on his retirement, the then General Manager Mr Perry Landy advised “that during Mr Newtons’ employment he had been a role model to his fellow workmates and is well respected by both his peers and supervisors.”

Several of Councils employees who worked with Mr Newton attended his funeral service at Taree on 4 August 2016.

OFFICERS RECOMMENDATION

That a minutes silence be observed for the passing of Mr Newton.

REPORTS BY DEPARTMENT REQUIRING RESOLUTION BY COUNCIL

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PLANNING DEPARTMENT MANAGERS REPORT

Jenny Webb 1. DEVELOPMENT APPLICATION NO. 120/2015 - LOT 24 DP 816421, NO. 65 ALLYN RIVER ROAD, EAST GRESFORD DA 120/2015 Development Application No. 120/2015 Owner: Mr D W and Mrs J K Maroulis Applicant: Daniel Maroulis Land: Lot 24 DP 816421, No 65 Allyn River Road, East

Gresford Current Zone: RU1 Primary Production and E3 Environmental

Management Area: 82.58 hectares Proposal: Function Centre Issue: Access and Traffic, Noise, Public Submissions Precis: The following report considers Development Application No 120/2015 which seeks development consent for a function centre on Lot 24 DP 816421 No 65 Allyn River Road, East Gresford. The site is primarily zoned RU1 Primary Production, with a small portion of the site being zoned E3 Environmental Management. The proposed function centre is wholly located within the area of the site zoned RU1 Primary Production and is permissible with consent under Dungog Local Environmental 2014. Council Officers have undertaken a thorough assessment of the development application in accordance with the provisions of the Environmental Planning and Assessment Act, 1979 (EP&A Act) and recommend that Council approve the proposed function centre, subject to conditions. SUBJECT SITE The site at 65 Allyn River Road, East Gresford has an area of 82 hectares and contains a dwelling house, machinery sheds, dams, vineyard and associated cellar door known as ‘Camyr Allyn Wines’ (currently online sales only). Access to the site is via a right of carriageway to Allyn River Road, which services six properties. The site is surrounded by rural properties with associated dwelling houses and the Allyn River forms the eastern boundary of the property. The property is mapped as being partly bushfire prone and is located within the Allyn River Drinking Water Catchment.

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Figure 1: Aerial Photograph of Subject Site PROPOSAL It is proposed to construct a function centre for up to 150 people, with associated carparking for 35 cars and two buses. The proposed function centre would predominantly cater for weddings although has the potential to host other events as well. The function centre was initially proposed to be located adjacent to an existing machinery shed in an area which had previously been used for growing grapes, however, during the application process, the applicant amended the proposal to move the function centre and carpark further to the east, away from the grape growing areas, as shown on the aerial photograph below.

Figure 2: Location of Proposed Function Centre

Current Location of Proposed Function Centre

Original Location of Proposed Function Centre

Proposed Function Centre

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The proposed function centre comprises a main floor area of 408 m², including reception area, kitchen cool room, bar, disabled toilets and deck areas. (See Annexure ‘A’). A further 144.5 m² is proposed in a ‘basement’ level, which comprises the male and female toilets, a cellar and chair storage. Externally, the building comprises rendered blockwork and stone subfloor with hardwood weatherboards and Colorbond pitched roof. A courtyard and outdoor area are also proposed adjacent to the building. Vehicular access to the site is via a right of carriageway from Allyn River Road. From the right of carriageway, there is an existing gravel driveway to the existing machinery shed, which would need to be extended to provide access to the proposed carpark and function centre. Some upgrades to the right of carriageway are also required as well as the installation of a new on-site sewage management system. The development application has been accompanied by the following documentation:

Statement of Environmental Effects Plans of the proposed carpark and function centre Bushfire Threat Assessment Traffic and Parking Assessment Wastewater Management Plan Noise Impact Assessment Operating Management Plan

Figure 3: Proposed Building STATUTORY CONSIDERATIONS Section 79C of the Environmental Planning and Assessment Act (EP&A) stipulates key heads of consideration for the assessment of development applications. The application has been assessed against the relevant heads of consideration (refer to Annexure ‘B’). The main considerations are addressed as follows:

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

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lbrighton.dunFile AttachmentMP 1 A.pdf

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

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

(i) any environmental planning instrument;

State Environmental Planning Policy No. 44 – Koala Habitat Protection This policy aims 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, and

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.

Schedule 1 of the policy lists a number of local government areas in which this policy applies. Dungog LGA is included in the Schedule. Therefore the proposal constitutes a development to which SEPP 44 applies. This SEPP applies to land that has an area of more than 1 hectare.

The subject site has an area of 82 hectares. Before granting consent to an application to carry out development on land to which the policy applies, Council must satisfy itself whether or not the land is a potential or core Koala habitat. ‘Potential Koala habitat’ is defined as areas of native vegetation where the trees listed in schedule 2 of SEPP 44 ‘constitutes at least 15% of the total number of trees in the upper and lower strata of the tree component’. If the site is found to contain potential koala habitat, further investigation for the presence of ‘core Koala habitat’ should be undertaken and if this habitat is found to be present, a detailed Plan of Management should be prepared. There is very little native vegetation in the vicinity of the proposed function centre and no tree removal is required. The site of the proposed function centre is not considered to be potential Koala habitat.

State Environmental Planning Policy (Rural Lands) 2008 Clause 10 applies to land in a rural zone,

a rural residential zone or an environmental protection zone and sets out the matters to be taken into account in determining development applications for rural subdivisions or rural dwellings, as follows:

a) the existing uses and approved uses

of land in the vicinity of the development,

b) whether or not the development is

likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land

Existing uses in the vicinity of the site generally include agriculture with associated dwelling houses as well as the Camyr Allyn Homestead tourist accommodation. The proposal has the potential to have noise impacts on adjoining properties and would increase the volume of traffic utilising the right of carriageway access road. Subject to conditions, it is expected that the potential impacts would be

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uses in the vicinity of the development,

c) whether or not the development is

likely to be incompatible with a use referred to in paragraph (a) or (b),

d) if the land is not situated within a rural

residential zone, whether or not the development is likely to be incompatible with a use on land within an adjoining rural residential zone,

e) any measures proposed by the

applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d).

acceptable and would not have a significant impact on other land uses in the locality. Subject to conditions, it is considered that the proposed function centre can be compatible with existing uses. There is no adjoining rural residential zoned land. Conditions are recommended in terms of restricting hours of operation and the use of amplified music and speeches in order to reduce noise impacts. It is also recommended that a portion of the access road be sealed to prevent potential dust issues to nearby dwellings resulting from increased traffic.

Dungog Local Environmental Plan 2014 1. The site is zoned RU1 – Primary

Production and E3 – Environmental Management under Dungog LEP 2014.

The proposal is defined as a function centre and is permissible with consent in the RU1 zone. The proposed development does not extend into the E3 Environmental Management zone.

2. Clause 2.3 - Zone objectives and Land Use Table The objectives of the RU1 zone are: a) To encourage sustainable primary

industry production by maintaining and enhancing the natural resource base.

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

c) To minimise the fragmentation and

alienation of resource lands. d) To minimise conflict between land

uses within this zone and land uses within adjoining zones.

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

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

The following comments are made in respect to the proposed function centre and the objectives of the RU1 Zone: The proposed function centre does not involve primary production. However, it has been designed to compliment the existing vineyard on the site. The proposed function centre compliments the existing vineyard and would provide an alternative source of income which is compatible with the primary production occurring on the site. The proposal has been located so that it does not encroach into the grape growing areas or the grazing land in the western portion of the site. It would not fragment land as no subdivision is proposed. The surrounding land is zoned RU1 Primary Production and it is unlikely that the proposed function centre would create land use conflicts. The proposed function centre provides for alternative activities and income source which is compatible with the agricultural value of the land. The design is considered to be consistent with the rural landscape and is not located on a ridgeline. Conditions of consent are recommended to minimise the impact on the rural amenity, particularly in relation to noise.

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

The site is located within the Allyn River Drinking Water Catchment. The proposed works are located approximately 200 metres way from the Allyn River and the site drains to a dam rather than directly to the Allyn River. There is not expected to be any on-site storage or disposal of chemicals. An OSSM system is proposed. A Wastewater Management Report has been submitted with the application which identifies an effluent disposal area located outside the minimum buffer distance to any watercourse. There is not expected to be a detrimental impact on the water quality as a result of OSSM. Compliance with the Wastewater Management Plan in terms of system selection and nominated land application area will minimise any impacts. The development has been sited to ensure that water runoff does not directly enter the Allyn River and that there is sufficient area for effluent disposal and buffers from watercourses. N/A N/A

4. 6.6 Riparian land and watercourses (1) The objective of this clause is to protect and maintain the following: (a) water quality within watercourses, (b) the stability of the bed and banks of watercourses,

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(c) aquatic and riparian habitats, (d) ecological processes within watercourses and riparian areas. (2) This clause applies to all of the following: (a) land identified as “Watercourse” on the Riparian Lands and Watercourses Map, (b) all land that is within 40 metres of the top of the bank of each watercourse identified as “Watercourse” on that map. (3) In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider: (a) whether or not the development is likely to have any adverse impact on the following: (i) the water quality and flows within the watercourse, (ii) aquatic and riparian species, habitats and ecosystems of the watercourse, (iii) the stability of the bed and banks of the 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) whether or not the development is likely to increase water extraction from the watercourse, and (c) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development. (4) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that: (a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or (b) if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or (c) if that impact cannot be minimised—the development will be managed to mitigate that impact.

The Allyn River is identified as a watercourse on the mapping, although the proposed development does not require any work within 40 metres of the top of the bank.

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6.12 Protection of rural landscapes in rural and environment protection zones (1) The objective of this clause is to protect the rural amenity and character of the land to which this clause applies by managing visual impact. (2) This clause applies to land in Zone RU1 Primary Production, Zone RU5 Village, Zone E3 Environmental Management and Zone E4 Environmental Living. (3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that: (a) any buildings that form part of the development will blend into the landscape and not become silhouetted on a ridgeline, and (b) the design, bulk and colours of any such buildings will be compatible with the surrounding landscape.

The proposed development is not located on a ridgeline and will blend in within existing development on the site. Hardwood weather boards are proposed with zincalume roof. A condition is to be included which does not permit the use of reflective materials.

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

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

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

(iii) any development control plan;

Dungog Development Control Plan No. 1 1. Part C, Section 3 Building Line

Setbacks of DCP No. 1 sets out the general requirements for building line setbacks in the RU1 Primary Production zone (i.e. former Rural 1(a) zone.) Front (non-main road): 50 m Rear: 50 m Sides: 50 m

All proposed setbacks exceed the 50 metre requirement:

North: 147 m

East: 210 m

South: 175 m

West: 215 m

2. Part C, Section 5 Bushfire of the DCP No.1 outlines requirements in respect of applications to carry out development on bushfire prone land.

According to Council’s Bushfire Prone Land map, the site is mapped as being partially bushfire prone land. Compliance with the recommendations of the Bushfire Threat Assessment can be conditioned.

3. Part C, Section 9 Employment Development 9.2 General Principles a) Building siting, design and

construction Recognise physical characteristics of site and complement the locality.

Proposal appropriately sited away from watercourses and property boundaries.

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b) Characteristics of development

Special characteristics that may adversely affect the amenity of the site or surrounding areas must be identified and appropriate designs features and/or ameliorative measures incorporated. c) Access, traffic and parking The development must comply with the requirements of the guidelines issued by the NSW Roads Traffic Authority and AustRoads, in particular for off-street parking and traffic movements. d) Landscaping and

appearance Development must enhance the appearance of the site and its surrounding area. Landscaping will be required with applications for employment development. 9.3 Performance Standards a) Site Coverage No specific limitation applies to the percentage of the site covered by buildings. Each application will be considered on its merits and must demonstrate, to Council's satisfaction, compliance with all other requirements of DCP.

b) Setback from Street

N/A for RU1 Primary Production zone

c) Landscaping A landscaped area shall be provided to all street frontages occupying a minimum of 3 metres setback from the boundary. These setback areas, car parking areas and any unused areas on the site shall be landscaped with nature strips and maintained to Council's satisfaction.

d) Parking and Loading Car parking and loading/manoeuvring areas should be located so as to provide the maximum convenience and safety for customers, staff and service

The Allyn River forms the eastern boundary of the site. The proposed function centre is located away from the river to minimise any impacts.

The site is accessed via a right of carriageway, which will need to be upgraded to cater for the increased traffic generation.

Conditions of consent requiring design and construction of intersection works and carpark to be in accordance with Austroads specifications.

The existing grounds are well maintained and landscaped. Additional landscaping is proposed along the property boundary, the carpark and the function centre.

The site has an area of 82 ha. There sufficient area to accommodate the proposed development and associated services.

Setbacks comply with Section 3 of the DCP.

Existing landscaping along the front boundary is to be enhanced with additional plantings. Landscaping is also proposed around the proposed carpark and function centre building.

A new carpark is proposed adjacent to the function centre. Landscaping is proposed around the carpark.

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vehicles. The visual impact of such areas should be softened by the appropriate use of landscaping, and shade trees provided at frequent intervals throughout the car parking area.

e) Loading docks Loading docks, service areas and vehicular entries to warehouse or factory buildings not be located on any street elevation. f) Building Materials Buildings must be attractive, functional and harmonious with surrounding development. g) Fencing Security fencing will be permitted on side and rear boundaries but must be located behind the designated landscape setback area on any street frontage. h) Signs

For multiple tenant factory unit development, advertising shall be limited in number and size i) Effluent Disposal All systems are subject to the approval of the Council. All employment development is to be connected to the reticulated sewerage system, unless reticulated sewer is not available in the locality.

A specific loading dock is not proposed, although there is adequate area for deliveries if necessary.

Building material include stone blockwork, hardwood weatherboards and steel roof. A condition of consent will prevent the use of reflective materials.

No additional fencing is proposed. Security fencing is neither required nor appropriate within a rural setting.

No signage has been proposed as part of the development application. Signage must either comply with SEPP (Exempt and Complying Development Codes) 2008 or a separate development lodged.

The Wastewater Management Plan submitted wit eh application identifies a suitable system and location of the treatment of effluent.

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4. Part C, Section 20 Offstreet Parking Section 5 Design Standards 5.1 Location of on site parking Off-street parking shall be located on the site of the development, and in places where readily accessible to principal staff and/or customer entrances 5.2 Parking spaces and driveway standards The dimensional requirements for on-site car parking spaces and driveways giving access to parking spaces shall generally be as set out in accordance with the latest Australian Standard – AS 2890.1 except where the requirements are specifically defined in this plan. 5.3 Direction Signs and Marking Details of all proposed signposting and marking for parking areas are to be submitted with the development application for council's determination. 6 Layout The layout of parking areas shall be designed so that parking spaces remain available and accessible, have unrestricted access to a road by way of a corridor provided within the lot boundaries. Building design must not lead to closure of such access. 7 Landscaping The landscaping of a surface carpark is an important feature, which serves to reduce the harsh effect often created by large open asphalt or concrete areas. Landscaping design should be an integral part of the layout. 8 Construction 8.1 standards All driveways, vehicle manoeuvring areas, and car parking spaces are to be properly constructed, graded, drained and sealed with an impervious material.

A new carpark is proposed to be constructed adjacent to the function centre.

Conditions of consent require the carpark to be constructed in accordance with Australian Standard – AS 2890.1.

Signage and line markings to be included in the design plans and completed prior to issue of the Occupation Certificate.

Vehicular access and carpark would be available at all times.

Landscaping with screening trees is proposed around the carpark.

Conditions requiring the design of the carpark in accordance with Australian Standard and to be approved by Council prior to issue of the Construction Certificate.

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8.2 Ingress/Egress to Streets The entry and exit requirements for parking areas may vary in relation to:- - size of vehicles - volume of traffic 8.3 On-site Loading and Unloading All developments involving the erection of new buildings involving significant change of use and/or generating significant extra heavy vehicle movements are required to provide on-site loading and unloading facilities. 12 Carparking for Persons with a Disability Provision is to be made for persons with a disability in the provision of car parking facilities, and in accordance with latest AS2890.1. 13 Landuse 13.2 Undefined Development Where a proposed development does not fall within any of the land use categories identified in the Car Parking Standards section of this Plan, Council shall calculate the on site parking requirements having regard to the experience of similar existing development and an assessment of the likely traffic generating potential of the proposed development.

The access from the site to the right of carriageway will need to be widened to enable buses to entre and leave the site.

Onsite loading and unloading available if required.

A total of one (1) car park space for use by persons with a disability must be provided as part of the total car parking requirements. This requirement is included as a condition of consent wit the design plans for the carpark to be approved prior to the release of a Construction Certificate.

Dungog DCP does not specify specific car parking rates for a function centre. Therefore the required car parking spaces have been calculated from first principles. It has been recommended by Council’s Consultant Development Engineer that 40 formalised carparking spaces plus two bus bays be provided on site. There is sufficient area for overflow parking if necessary.

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

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

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

land.

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

Not applicable.

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

Protection Act 1979);

Not applicable.

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

The likely impacts of the development have been considered in the main body of this report, under the heading ‘Consideration of Environmental Impacts’.

b) The suitability of the site for the development,

The site is considered to be suitable for the proposed development, subject to the recommended conditions of consent.

c) Any submissions made in accordance with the Act or the regulations,

Neighbour notification and advertising was undertaken for the initial proposal between 21 October 2015 and 5 November 2015 with four (4) submissions received. During the assessment of the application, the location and design of the proposed function centre was altered and the neighbour notification and advertising process was undertaken again for a period of two weeks between 30 March 2016 and 14 April 2016. During this time, three (3) submissions were received. The main concern raised in each of the submissions was the maintenance of the right of carriageway. The matters raised in each of the submissions are summarised in the report.

d) The public interest.

The proposed function centre is unlikely to have a detrimental impact on the public interests, provided that the recommended conditions regarding noise mitigation and vehicular access upgrades are implemented.

lbrighton.dunFile AttachmentMP 1 B.pdf

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Provisions of any environmental planning instrument. The following State Environmental Planning Policies are applicable to the application: State Environmental Planning Policy No. 44 – Koala Habitat Protection As the subject site is more than one hectare in area, SEPP 44 applies. However, the subject site does not constitute potential Koala habitat due to the lack of tree canopy and the species present on the site. An assessment of how the proposal satisfies this SEPP is outlined within Annexure ‘B’. State Environmental Planning Policy (Rural Lands) 2008 This policy aims to facilitate the orderly and economic use and development of rural lands for rural and related purposes. Clause 10 sets out the following matters to be taken into account in determining development applications for rural dwellings:

(a) the existing uses and approved uses of land in the vicinity of the development, Comment: Existing uses in the vicinity of the site generally include agriculture with associated dwelling houses as well as the Camyr Allyn Homestead tourist accommodation.

(b) whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,

Comment: The proposal has the potential to have noise impacts on to adjoining properties and would increase the volume of traffic utilising the right of carriageway access road. Subject to conditions, it is expected that the potential impacts would be acceptable and would not have a significant detrimental impact on other land uses in the locality.

(c) whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b),

Comment: Subject to conditions, it is considered that the proposed function centre can be compatible with existing uses in the locality .

(d) if the land is not situated within a rural residential zone, whether or not the development is likely to be incompatible with a use on land within an adjoining rural residential zone,

Comment: There is no adjoining rural residential zoned land.

(e) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d).

Comment: Conditions are recommended in terms of restricting hours of operation and the use of amplified music and speeches in order to reduce noise impacts. It is also recommended that a portion of the access road be sealed to prevent potential dust issues to nearby dwellings resulting from increased traffic. The proposed function centre is consistent with the SEPP and subject to conditions of consent which would limit impacts to an acceptable level, it is unlikely to significantly impact any adjoining land uses.

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Dungog Local Environmental Plan 2014 The site is primarily zoned RU1 – Primary Production, with a small portion along the western boundary being zoned E3 – Environmental Management. The proposed function centre is located wholly within the RU1 – Primary Production zone.

Figure 4: Zoning under Dungog LEP 2014 Primarily RU1 Primary Production Pursuant to Dungog LEP 2014, a function centre means a “building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility”. Function centres are listed as permissible with consent in the landuse table for the RU1 Primary Production zone. Clause 2.3(2) of Dungog LEP 2014 requires the consent authority to have regard to the objectives for development in a zone when determining a development application. The objectives of the RU1 Primary Production Zone are:

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

To encourage diversity in primary industry enterprises and systems appropriate for

the area.

To minimise the fragmentation and alienation of resource lands.

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

To provide for recreational and tourist activities that are compatible with the

agricultural, environmental and conservation value of the land.

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

In terms of the zone objectives, the proposed function centre has been located away from the grape growing areas so that it will not impact on the existing or future agricultural use of the site. The proposed function centre is unlikely to conflict with adjoining land uses and

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provides for an alternative use of the land, which is complimentary to the existing vineyard and wine sales. It is considered that the proposal is compatible with the objectives for the RU1 Primary Production Zone. Other clauses of Dungog LEP 2014 that are applicable to the application include: 6.5 Drinking water catchments The objective of this clause is to protect drinking water catchments by minimising the adverse impacts of development on the quality and quantity of water entering drinking water storages. The proposed function centre has the potential to impact on water quality due to on-site sewage management, although the Wastewater Assessment report submitted with the application concludes that there is enough land available on site to safely dispose of effluent from the function centre with minimal risk to the environment and public health. The application was also referred to Hunter Water as the site falls within the Allyn River Drinking Water Catchment and the site is located adjacent to the Gresford No 2 water pumping station. Hunter Water has advised that it will require the effluent management system to be installed in the location recommended in the Wastewater Management Plan, or another location that does not drain to the Allyn River. Further, due to the proximity of the site to the water pumping station, Hunter Water has requested that annual inspections are undertaken to the system to determine whether the system is being appropriately operated and managed. These requirements can be accommodated through Council’s OSSM inspection register. An assessment of how the proposal satisfies this clause of the LEP is outlined within Annexure ‘B’. 6.6 Riparian land and watercourses This clause applies to land identified as “Watercourse” on the Riparian Lands and Watercourses Map and all land that is within 40 metres of the top of the bank of each watercourse identified as “Watercourse” on that map. The Allyn River is identified as a watercourse on the mapping, although the proposed development does not require any work within 40 metres of the top of the bank. 6.12 Protection of rural landscapes in rural and environment protection zones The objective of this clause is to protect the rural amenity and character of the land to which this clause applies by managing visual impact. Before granting development consent, Council must be satisfied that:

a) any buildings that form part of the development will blend into the landscape and not become silhouetted on a ridgeline, and

b) the design, bulk and colours of any such buildings will be compatible with the surrounding landscape.

The proposed location of the function centre is not located on a ridgeline. The design and bulk of the building are compatible with the surrounding landscape and the rural setting. The roof is proposed to be zincalume, and this material is generally not supported due to its reflectivity and therefore it is recommended that a condition be included to restrict the use of reflective materials. Provision of any draft environmental planning instrument There are no draft instruments applying to this site.

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Any Development Control Plan Dungog Development Control Plan No 1 Development Control Plan No 1 applies to the proposed development, with the relevant sections listed below: Part C – General Section 3 – Building Line Setbacks Being zoned RU1 Primary Production and not having frontage to a main road, the DCP specifies 50 metre front, side and rear setbacks for the site, The proposed function centre is to be located well away from the property boundaries, with a minimum setback of 120 metres and therefore complies with the nominated setbacks. Section 9 – Employment Development The proposal is consistent with the general principles and performance standards contained within the DCP in relation to building siting, design and construction, access, traffic and parking, landscaping and appearance and setbacks, building materials and effluent disposal. Section 20 – Offstreet Parking The DCP does not include carparking rates for stand alone function centres. Conditions of consent will require the proposed carparking to be designed and constructed in accordance with the relevant Australian Standard. The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality Bushfire The site is mapped as being partially bushfire prone in the vicinity of the proposed function centre and therefore a Bushfire Threat Assessment has been submitted with the development application. Being for non-residential development, the proposed development is to comply with the aims and objectives for Planning for Bushfire Protection 2006. The Bushfire Threat Assessment includes a number of recommendations, which can be conditioned, including maintenance of an asset protection zone, dedicated water tank for fire fighting purposes, property access requirements including passing bays and the preparation of an Emergency Response and Evacuation Plan. Noise The development application was accompanied by a Noise Impact Assessment, prepared by Bridges Acoustics. The assessment included consideration of construction noise as well as the operational noise associated with the use of the site as a function centre. The noise assessment for the function centre assumed that the venue would be occupied by up to 150 patrons. The venue would be used to cater for lunch and dinner functions, typically within the hours of 10 am and 10 pm, with some functions extending until midnight. The assessment considered noise from amplified music, amplified speeches, toasts and the carpark having regard for the five closest dwellings not associated with the proposed use. The assessment identifies that the predicted noise levels exceed the relevant criteria for amplified music, amplified speeches and toasts occurring either outdoors or with the windows open. The Noise Impact Assessment was referred to Council’s Manager, Environmental Services who has advised that the recommendations that are included in the Noise Impact Assessment should be used as the basis for conditions of consent. The

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conditions, which place restrictions on the use of amplified music and speeches are expected to limit disturbance from the function centre to an acceptable level. External Roads and Traffic The subject site is accessed via a gravel right of carriageway from Allyn River Road. Allyn River Road is a two way road that is sealed, approximately 6.5 metres wide with approximately 0.5 metres gravel shoulders and a grassed table drains. The posted speed limit is 80 km/hr in the vicinity of the private access into the site. A Traffic and Parking Assessment has been submitted in support of the proposed development and the application has been referred to Council’s Consultant Development Engineer for review. While the Traffic and Parking Assessment submitted with the application did not recommend any upgrades at the intersection of Allyn River Road and the property access road, upon review of the traffic counts, Council’s Consultant Development Engineer identified that both a Basic Right Turn (BAR) and Basic Left Turn (BAL) treatment at the intersection into the development would be required. This is included in the recommended conditions of consent. Right of Way & Internal Access The right of carriageway from Allyn River Road provides access to six properties including the subject site. The access road is approximately 3-4 meters wide with 0.5 metre unsealed shoulders and grass verges. The subject site is approximately 1.3 km from its intersection with Allyn River Road. Council’s Road Management Strategy requires a right of carriageway to have a 3 metre traffic lane and a carriageway width of 4 metres. From aerial mapping it is considered that the access road complies with Dungog’s standards. The Bushfire Threat Assessment submitted with the application recommends that the access road also needs to meet the RFS minimum standard of a 4 metre gravel road with a minimum of 1 metre clear verges. According to the summary of the access road within the Traffic and Parking Assessment, the existing access road appears to generally comply with the RFS requirements and can be modified where necessary. Given the length of the access road and the expected increase in traffic numbers using the access during a function, passing bays will also be required at 200 metre intervals along the right of carriageway. The owners of Lot 25 DP 875973 and Lot 27 DP 1178546, over which the right of carriageway passes, have given their consent for works to be undertaken within the right of carriageway. Dust There are 3 residences that could be affected by dust generated by increased traffic, including Lot 21 DP 529003, Lot 27 DP 1178546 and Lot 25 DP 875973. Lot 25 DP 875973 is set back approximately 190 metres from the right of carriageway and is not considered likely to be affected unduly by dust from the access road. However, Lot 21 and Lot 27 are located within 30-50 metres of the right of carriageway and given this close proximity of the dwellings, Council’s Consultant Development Engineer has recommended a condition of consent requiring the applicant to seal the right of carriageway access road for a length of 180 metres from Allyn River Road. This would result in the right of carriageway access road being sealed from Allyn River Road to approximately 50 metres to the north west of the dwelling on Lot 27 DP 1178546. The existing sealed access crossing from the private access road to Allyn River Road would also be required to be repaired/reconstructed in order to meet Council standards.

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Parking Dungog DCP does not specify car parking rates for a stand alone function centre. Therefore, the car parking spaces were calculated from first principles. To calculate the number of car parking spaces, the Traffic and Parking Assessment submitted with the application made the following assumptions:

3 guest per car. Total of 150 guests 8 employees / caterers with 2 employees per car

Using the above assumptions, the development would require 54 carparking spaces. The plans submitted with the application show that 35 car parking spaces are intended to be provided, which would provide for 93 guests and 8 staff. The Traffic and Parking Assessment provides the following comments regarding the proposed parking configuration:- “It is considered that for larger weddings it is likely mini buses would be hired for guests attending wedding receptions. These buses would taxi approximately 22 people each and two bus bays are provided for such use. Their use would reduce the number of carparks by 44 persons or 44/3 (14) spaces resulting in the need for 41 spaces plus two bus parking bays. In many instances the buses are hired only to drop off and pick up guests reducing the need to permanently park in the carpark. This could also reduce the need for additional onsite parking. It is argued that the reduction of the hard surface onsite carparking to 35 bays would not be unreasonable as there is sufficient land within the site for overflow parking should the occasional need arise. The proposal will not result in parking within the private access road thereby inconveniencing or impeding traffic flow for other users of the private right of way.” Considering the location of the subject site, the above comments regarding guests travelling to site via a mini bus appear acceptable. From above, the current parking spaces will be adequate for 137 guests (93 travelling in cars and 44 in buses). The maximum capacity for the function centre is 150 guests. This is a short fall of 13 guests, or 5 carparking spaces and therefore Council’s Consultant Development Engineer has recommended that an additional 5 carparking spaces are provided on site. This has been included in the recommended conditions of consent. Stormwater Management The information submitted with the application does not provide any comments regarding stormwater management on the site. However, there is a dam immediately to the south of the proposed location of the function centre and carpark area. It is considered that the runoff from the new impervious areas would be able to drain into the dam. A condition is to be imposed requiring a detailed drainage design for the disposal of roof and surface water from the site to be approved prior to the issue of a Construction Certificate. Flooding The location of the proposed function centre is approximately 200 metres from the Allyn River with the private access road coming within 69 metres of the River. Council does not hold any flooding information for this area. However, an assessment of the natural surface level in the area between the private access road and Allyn River Road has found that the access road is generally between 3-4 metres above the bank of the Allyn River. The applicant has also provided anecdotal evidence that the access road to the subject site remains clear of flood waters. Based on the information provided and the natural surface levels of the access road it is considered that suitable access can be provided to the subject site.

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Design and Construction The floor plan includes a kitchen, although no details of the kitchen layout or fitout have been provided. The kitchen will need to comply with the requirements of the Food Standards Code, Australian Standard AS 4674-2004 and the National Food Premises Code. A number of conditions of consent have been included to reflect these requirements. On Site Effluent Disposal The application was referred to Council’s Environmental Health Officer to assess the proposed on-site sewerage management for the site. In addition to the 150 seat function centre proposed to be built onsite, there is an existing three bedroom house and cellar door facility currently being serviced by a septic tank and transpiration area. A Waste Water Assessment Report has been prepared by Whitehead and Associates, which identifies three options to dispose of the effluent that would be generated onsite. Of the three options, Council’s Environmental Health Officer has recommend either option 1 or 2, which is to install a single or separate AWTS to service the dwelling and function centre, with the treated effluent to be delivered to one primary irrigation area east of the existing dwelling which meets the buffer requirements of Council’s DAF. The existing septic system located onsite would be decommissioned. There is enough land available onsite to safely dispose of effluent from the dwelling and function centre with minimal risk to the environment and public health. The suitability of the site for the development The site is considered to be suitable for the proposed development, subject to the recommended conditions of consent. Any submissions made in accordance with this Act or the regulations Neighbour notification and advertising was undertaken for the initial proposal between 21 October 2015 and 5 November 2015 with four (4) submissions received. During the assessment of the application, the location and design of the proposed function centre was altered and the neighbour notification and advertising process was undertaken again for a period of two weeks between 30 March 2016 and 14 April 2016. During this time, three (3) submissions were received. The matters raised in each of the submissions are summarised below: Submission 1 Initial Application: Support the application with the following reservations: May be a source of noise and lighting that could disturb the quiet enjoyment of the area.

Approval conditions should include that there be no external public address systems and that any external lighting be shielded so as to not illuminate or be visible from adjoining property.

The proposal may generate additional traffic on the right of way. Approval conditions

should include a requirement for an agreement between the six beneficiaries of the ROW covering the maintenance of the right of carriageway including the 3 cattle grids and the suppression of dust and noise from the use of the right of carriageway.

Amended Proposal: Have reviewed the application and have no objection to it. Planners Comment: The second submission received from this landowner advised there were no objections to the proposal. However, in relation to the initial submission received, it

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is recommended that restrictions be placed on the use of amplified music or speeches, which limit use to internal areas only after 10 pm and prevents their use after midnight. Conditions are also recommended in relation to lighting. In terms of the maintenance of the right of carriageway, Council does not have the authority to require a specific agreement to be made between the various beneficiaries of the right of carriageway. This is a matter that needs to be negotiated between the relevant parties. However, conditions of consent are recommended regarding the standard of access that would need to be provided in association with the function centre. Submission 2 Initial Application: We support the concept of a function centre as we are pleased to see opportunities for employment in the locality. However, have strong concerns about the right of carriageway to service the development: The Applicant has said that increase in traffic would be minimal as the cellar door would

no longer operate, although the function centre would have much more traffic than the cellar door.

Concerns that the use of buses will not reduce the number of cars travelling to the site.

Planners Comment: The Traffic and Parking Assessment calculated the expected traffic generation using first principles, being 116 additional vehicle trips per day. This was based on the assumption that guests would travel by car. However, it would be expected that some guest would travel via bus. Council’s Consultant Development Engineer has advised that the proposed traffic generation numbers are considered satisfactory. Concerns over maintenance of right of carriageway. Willing to contribute $15000 toward

making the road a public road.

The development proposal appears to impose a financial burden upon other right of carriageway landowners which should rightfully rest with Lot 24 only.

Concerns over the condition of the right of carriageway, particularly in wet weather and the current arrangement for a 6 way split for maintenance purposes.

We feel it would be very inappropriate (if not unlawful?) for Council to impose an approval of this development without adequately addressing the road maintenance issue.

See little option but to make the right of carriageway a public road.

Planners Comment: In terms of the maintenance of the right of carriageway, Council does not have the authority to require a specific agreement for maintenance to be made between the various beneficiaries of the right of carriageway. This is a matter that needs to be negotiated between the relevant parties. It is not Council’s intention to make the right of carriageway a public road. Does the subject site have legal access at the entrance of the right of carriageway? The

cattle grid at the entrance does not fall wholly within the right of carriageway.

Planners Comment: The subject site benefits from the right of carriageway and the owners of Lot 25 DP 875973 and Lot 27 DP 1178546 over which the right of carriageway passes, have given their consent for works to be undertaken within the right of carriageway.

Question the conclusion of the SEE that a turn lane is not required.

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Planners Comment: Council’s Consultant Development Engineer has assessed the proposal, including the intersection with Allyn River Road. This assessment has determined that both a Basic Right turn treatment (BAR) and Basic Left turn Treatment (BAL) in Allyn River Road are required at the intersection into the site. This is reflected in the recommended conditions of consent. Who will be responsible for the maintenance of the existing tarred skirt, which was a

requirement of the cellar door? Planners Comment: Council’s Consultant Development Engineer advised that the existing sealed access crossing from private access road to Allyn River Road will be required to be repaired/reconstructed in order to meet Council standards (Standard Drawing SD0004). This would be included in the s138 application under the Roads Act for work within the road reserve. The initial work would rest with the applicant, although Section 218 of the Roads Act states that the owner of land adjoining a public road is liable to pay to the appropriate roads authority the cost incurred by the roads authority in constructing or repairing any special crossing. The ongoing maintenance would therefore be a matter for the owner, beneficiaries of the right of carriageway and Council. Dust control? Planners Comment: Council’s Consultant Development Engineer has recommended that the first 180 metres of the access road from Allyn River Road is sealed in order to reduce dust in the vicinity of existing dwellings. The speed limit cannot be enforced as it is not a public road.

There are some hazardous spots along the right of carriageway:

- The lagoon overflow has a sharp drop and concerned about introducing new/uneducated/visitor traffic on a weekly basis.

- Pipe ends in three locations are hazardous to uneducated traffic - There is a tendency for traffic to drive in the middle of the road coming out of the

lagoon and on the corner adjacent to the access to the function centre. Planners Comment: A speed limit cannot be set or enforced along a right of carriageway as it is not a public road. Drivers will need to drive to the conditions, and any signage located within the right of carriageway could provide an indication of the maximum safe travelling speed.

Planners Comment: Concerns over the access point to the subject property and the requirement for

widening/tree removal. Planners Comment: The existing access from the right of carriageway to the function centre site will need to be widened to enable buses to enter the site. These works would all be undertaken within the subject property. The trees are also located within the property and are not protected under Council’s planning controls. The 30 space carpark does not seem to be large enough for 150 guests and where do

the buses park? Planners Comment: The amended plans show a 35 space carpark with two bus bays .The recommended conditions of consent include a requirement for a 40 space carpark plus the two bus parking bays. SEE states maximum of 30 functions per year. How can this be monitored?

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Planners Comment: The reference to 30 functions per year was made in a pre-lodgement meeting (and included in the SEE as a summary of matters discussed at that meeting). The application however does not propose to limit functions to 30 per year. Request a Council road sign naming the right of carriageway “Camyr Allyn Road”

Request signage to discourage lost visitors from continuing down the right of

carriageway. Planners Comment: These two issues are not directly related to the subject development application and should be considered separately to this development application. Amended Proposal: There appears to be little change from the original proposal. It appears that the right of

carriageway is no longer depicted as a two lane road, but flags passing bays as a part solution. Generally visiting traffic does not know where to expect them and so we question whether this is a real solution.

The DA still presents access of the right of carriageway in the same location, which is

very restricted. The road is not wide enough for a truck and a bus to pass each other. Planners Comment: The access road is approximately 3-4 meters wide with 0.5 metre unsealed shoulders and grass verges. The Bushfire Threat Assessment submitted with the application recommends that a 4 metre wide access road is provided and that passing bays are constructed every 200 metres. This is reflected in the recommended conditions of consent. The entry from Allyn River Road appears to remain problematic, as the traffic is restricted

over a one lane grid. Planners Comment: Council’s Consultant Development Engineer has assessed the proposal, including the intersection with Allyn River Road. This assessment has determined that both a Basic Right turn treatment (BAR) and Basic Left turn Treatment (BAL) in Allyn River Road is required at the access intersection into the site. This is reflected in the recommended conditions of consent. We note that upgrade and maintenance of the right of carriageway are two different

issues. We wish Council to include some upgrade components to the conditions of consent that reflects a fair contribution, in light of the development impact and commercial nature.

Planners Comment: Council’s Consultant Development Engineer has recommended that the first 180 metres of the access road is sealed in order to reduce dust in the vicinity of existing dwellings. Conditions regarding passing bays and the width of the access are also recommended. Who is responsible for the maintenance of the existing sealed skirt

Planners Comment: Council’s Consultant Development Engineer advised that the existing sealed access crossing from private access road to Allyn River Road will be required to be repaired/reconstructed in order to meet Council standards (Standard Drawing SD0004). This would be included in the s138 application under the Roads Act for work within the road reserve. There is difficulty with the current road maintenance agreement. We do not wish to be

burdened with additional substantial maintenance that rightly rests with Lot 24.

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We hope the function centre will be successful, although it doesn’t seem fair that private road users are required to pay equal share in the maintenance of the road which also services traffic reliant businesses.

Planners Comment: Council does not have the authority to require a specific agreement to be made between the various beneficiaries of the right of carriageway. This is a matter that needs to be negotiated between the relevant parties. Submission 3 Initial Application: Having lived with and used the right of carriageway for 58 years, the road was once adequate but is no longer due to public traffic, who have no respect for the landowners who maintain the road. There are 3 blind spots along the right of carriageway, it is not a good wet weather road and the lagoon can flood cutting off the road. The road is not wide enough for the traffic that will be travelling to the venue. The proposed access to the site from the right of carriageway is not a good location and should be relocated. The only way to answer the problems with the right of carriageway is to make it a public road. Planners Comment: In order to comply with the recommendations of the bushfire threat assessment, the access road would need to be 4 meters wide, with passing days every 200 metre, which should improve traffic flow along the access road. It is not Council’s intention to make this a public road. The access point to the function centre will be widened to enable buses to entre the site. Submission 4 Initial Application: This would be a wonderful asset to the area, creating job opportunities, ongoing tourism and business attractions. However, there are some concerns regarding ongoing maintenance of the right of carriageway. The right of carriageway is currently funded by equal shares irrespective of the fact that some users run a business from their property, consequently incurring more traffic usage. There has been some correspondence requesting that the right of carriageway be made a public road. We are not in agreeance with the right of carriageway becoming a public road. Planners Comment: In terms of the maintenance of the right of carriageway, Council does not have the authority to require a specific agreement for maintenance to be made between the various beneficiaries of the right of carriageway. This is a matter that needs to be negotiated between the relevant parties. It is not Council’s intention to make the right of carriageway a public road. Submission 5 Amended Proposal: The proposed function centre will help underwrite the sustainability of the Gresford District, bringing in new visitors, business and employment opportunities. Opportunities such as this do not happen often and should receive Council’s encouragement and approval without delay. This is a non-polluting business with very little impact on the environment and we support this proposal. Planners Comment: Noted, the application is recommended for approval. The public interest Provided that the recommended conditions of consent are incorporated into any approval granted, it is unlikely that the proposal would have a detrimental impact on the public interest.

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CONCLUSION The proposal has been assessed against the matters for consideration in Section 79C of the Environmental Planning and Assessment Act 1979 and complies with the relevant planning controls. The issues raised in the public submissions do not warrant refusal of the application and it is considered that the proposed development is suitable for approval subject to conditions. OFFICERS RECOMMENDATION That the proposed function centre be approved subject to the following conditions: Prescribed a) The work must be carried out in accordance with the requirements of the Building

Code of Australia.

b) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

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

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

(iii) stating that unauthorised entry to the work site is prohibited. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

General and at All Times 1. The proposed development being carried out in accordance with the following

plans/and or documents referenced and stamped, except as modified by the conditions of this consent and any amendments in red:

(a) Plans Reference: Drawings prepared by: Name of Plan Author Drawing No. Issue Date Site Plan Sorensen Design and

Planning 1502014 Sheet 1 C 8/01/16

Site Plan – Proposed Wedding Reception Venue

Sorensen Design and Planning

1502014 Sheet 2 C 8/01/16

Floor Plan David Hilliard Design 591/1 - March 2016 Elevations David Hilliard Design 591/2 - March 2016 Elevations and Section

David Hilliard Design 591/3 - March 2016

Landscape Plan - Sheets 1 and 2 - - Bus Turning Movement

High Definition Design Drafting

HD01 1 13/3/16

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(b) Document Reference: Document Reference Author Date Statement of Environmental Effects

15 10 11_SoEE_v2

Perception Planning 11 October 2015

Amended Noise Impact Assessment

J0223-01-R2 Bridges Acoustics 19 January 2016

Bushfire Threat Assessment - Firebird EcoSultants Pty Ltd

February 2016

Traffic and Parking Assessment

Issue F Intersect Traffic 17/2/16

Revised Wastewater management Plan for proposed Function Centre and Existing Dwelling

1537 Whitehead and Associates Environmental Consultants

17/2/16

Management Plan - - - 2. The colour and texture of the external materials of the function centre and rainwater

tank/s are to be chosen to ensure they blend into the natural surroundings. In this regard, non-reflective materials shall be used in all external finishes. Note: Zincalume is considered to be a reflective material and would not satisfy the requirements of this condition.

3. All fees and other Contributions will need to be adjusted in accordance with Council’s Fees and Charges applicable at the time of payment.

4. All new external lighting must comply with AS 4282–1997 (Control of the obtrusive effects of outdoor lighting) and be mounted, screened and directed in a way that it does not create a nuisance or light spill on to adjoining lots or public places.

5. Compliance with the recommendations of the Bushfire Threat Assessment including:

Maintenance of Asset Protection Zones in accordance with section 4.1.3 and

Appendix 5 of Planning for Bush Fire Protection 2006 and the NSW Rural Fire Service's publication 'Standards for Asset Protection Zones'.

A water tank with a minimum capacity of 10,000 litres dedicated for firefighting purposes and having the following:

A 65 mm Storz outlet with a Gate or Ball valve. The valve and pipes are to

be adequate for water flow and are to be metal rather than plastic. Underground tanks are to have an access hole of 200mm to allow tankers

to refill direct from the tank. A hardened ground surface for truck access is to be supplied within 4 metres of the access hole.

Above ground tanks are to be manufactured of concrete or metal and raised tanks have their stands protected. Plastic tanks are not to be used. Tanks on the hazard side of a building are to be provided with adequate shielding for the protection of fire fighters.

All above ground water pipes external to the building are to be metal including up to any taps. Pumps are to be shielded.

Property access roads are to be upgraded/constructed to the following standard: Have a minimum width of 4 metres with an additional 1 metre cleared on

either side; Have passing bays every 200 metres; Be sufficient to carry fully loaded fire fighting vehicles; Have a minimum vertical clearance of 6 metres;

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Have curves with a minimum inner radius of 6 metres and a minimum distance between inner and outer curves of 10 degrees; and

Not exceed a gradient of 10 degrees.

An Emergency Response and Evacuation Plan is to be prepared for the site and the function centre. This plan is to be consistent wit the NSW Rural Fire Service document “A Guide to Developing Bushfire Evacuation Plan’ (2004).

6. Amplified live or recoded music may not be played at any location within the premises (including indoor and outdoor function areas) after midnight.

7. Amplified live or recorded music and amplified voices within the indoor function area

may only occur under the following conditions:

Amplified live or recorded music which exceeds an average noise level of 73bD(A) may only occur whilst all exterior windows and doors of the indoor function area are closed.

Amplified live or recorded music which does not exceed 73 dB(A) may be played with exterior doors and windows open until 10 pm on any night. After 10pm, all exterior doors and windows shall be closed at all times whilst any live or recorded music is played.

All toasts and cheers shall be held within the indoor function area and shall not

occur after 10 pm.

8. Amplified live and recorded music and amplified voices in the outdoor function area may only occur under the following conditions:

Amplified live and recorded music and amplified voices may only occur in the

outdoor function area between the hours of 10 am and 6 pm.

Amplified live and recorded music and amplified voices may only occur in the outdoor function area for a maximum of 10 events per calendar year.

Toasts and cheers shall not occur in the outdoor function area. 9. Signage requesting quiet behaviour and driving shall be placed in the following

locations: At the exit to each carpark. One sign in each of the outdoor and indoor function areas

Prior to Commencement of Work 10. A Construction Certificate is to be issued by the Certifying Authority prior to

commencement of any works. The application for this Certificate is to satisfy all of the requirements of the Environmental Planning and Assessment Regulation 2000. Where Council is not the Principal Certifying Authority (PCA), the proponent or private certifier shall submit a Construction Certificate to Council prior to building works commencing on the subject allotment.

11. The applicant shall ensure that arrangements are made for the Principal Certifying

Authority, Council or Private Certifier, to carry out STAGE INSPECTIONS indicated as follows in bold:

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Request for Council inspections may be made either by telephone or in person. Council requires forty eight (48) hours notice for inspections.

Applicants are required to nominate the relevant Construction Certificate Number and

location prior to the inspection request being granted. Note: STAGE INSPECTIONS are required to be carried out in order to ensure that a

Subdivision Certificate can be issued. In the event that any stage inspection is not carried out, a Subdivision Certificate cannot be issued.

(a) After stripping of topsoil from roads and fill areas, all Erosion & Sediment

Control devices and Traffic Control signs shall be installed at this stage. (b) After completion and compaction of the road sub grade. (c) After placement and compaction of each layer of gravel pavement material

prior to sealing. (d) After laying and jointing of all stormwater drainage pipelines prior to

backfilling. (e) During application of bitumen seal or asphaltic concrete wearing surface. (f) After restoration and completion of all works. (g) As otherwise required to confirm that the works are satisfactorily executed

and in conformity with environmental controls and conditions of Development Consent.

It should be noted that Council charge fees for inspections. These inspection fees must be paid prior to release of the Construction Certificate associated with the Development Consent. Inspection Fees will be adjusted in accordance with Council’s Fees and Charges operating at the time of inspection. In the event further additional inspections are required those inspections will attract inspection fees at the rate when the inspections were carried out.

Prior to Issue of a Construction Certificate 12. For the purposes of hygiene, food safety and compliance with the Food Act 2003 and

Food (General) Regulation 2001, the construction and fitout of the food premises, including all equipment, fixtures and fittings, must comply with the requirements of the Food Standards Code (Food Safety Standard 3.2.3), Australian Standard AS 4674-2004 and the National Food Premises Code. Detailed plans and specifications for the food handling and bar areas are to be submitted to and approved by Council and are to incorporate the following:

General

A hand wash basin must be provided in the food preparation area. Hand wash

basins must be provided with hot and cold water via a common mixing spout. Liquid soap and single use towels must be provided at each hand wash basin.

Fridges, fittings, fixtures and equipment should be installed on approved metal legs of not less than 150mm in height or approved commercial castors where applicable.

Floors

Vinyl and similar preformed materials - In food display, food storage and other

selected positions in food preparation areas commercial grade vinyl sheeting with welded joints or similar preformed material laid over a solid impervious base or an approved underlay is acceptable providing they are laid strictly in accordance with the manufacturer's specifications.

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Finish - The floor finish is to be smooth and even, free of cracks, crevices or surface protrusions that will prevent easy cleaning, graded and drained where necessary.

Walls

Finish - In all food preparation areas, kitchens, sculleries and the like walls shall

be finished to a height of at least 2 metres above floor level with:-

(i) Glazed tiles fixed in accordance with the requirements of Australian Standard 3958.1; or

(ii) Stainless steel, laminated plastics, formica, laminex, panelyte or other

similar approved impervious material adhered directly to the wall.

All walls in the food preparation area are to be of solid construction.

Ceilings

Finish - The surface finish shall be free of open joints, cracks, crevices or openings in which grease, vapours or vermin may collect.

Ceiling Light Fittings - Ceiling light fittings are to be installed flush with the ceiling

surface or alternatively, provided with an approved diffuser cover to prevent the accumulation of dust or harbourage of vermin.

13. Separate approval from Council as the Roads Authority must be obtained under

Section 138 of the Roads Act 1993 prior to the issue of any Construction Certificate which includes any works within a Council road reserve. For any such works, detailed engineering design plans must be submitted to Council for approval prior to issue of the Construction Certificate.

14. The developer shall arrange for detailed engineering design plans to be submitted to

Council for approval to provide: Erosion and Sediment Control facilities to deal with all aspects of earthworks

associated with the development. The detailed plans shall be in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines and the latest edition of Managing Urban Stormwater publication (the blue book). Sediment control measures shall be provided for the duration of the works and until the site is stabilised.


Council for approval for prior to issue of the Construction Certificate:

Roadwork including associated drainage and erosion/sediment controls associated with:

a) The developer shall construct a dust abatement two coat seal with a sealed width of 4 metres on the gravel access road from Allyn River Road for a distance of 180 metres. The works shall be in accordance with Council’s Auspec specifications.

b) The developer shall construct sealed passing bays along the length of

the access road to the subject site at 200 metre intervals. A passing bay shall be a minimum of 7 metres long with a minimum width of 6 metres including the access road.

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Council for approval prior to issue of the S138 approval: -

Roadwork including associated drainage and erosion/sediment controls associated with

a) Construction of a Basic Right Turn (BAR) and Basic Left Turn (BAL) intersection on Allyn River Road. The works must be designed in accordance with Council’s Auspec standards and Austroads Guidelines. Full details shall be submitted to Council and approved prior to issue of the S138 approval.

17. A detailed drainage design for the disposal of roof and surface water from the site,

including any natural runoff currently entering the property and connection to the existing dam in accordance with Council’s requirements. Full details shall be submitted to and approved by Council prior to release of the Construction Certificate.

18. On-site car parking shall be provided for a minimum of forty (40) vehicles. The design of the vehicular access and off street parking facilities must comply with AS 2890.1:2004 Parking Facilities – Off-Street Car Parking. The plans submitted in association with the Construction Certificate application are to demonstrate compliance with this requirement. The plans are to be approved by the Accredited Certifier as satisfying this requirement prior to the issue of a Construction Certificate.

19. A total of one (1) car park space for use by persons with a disability must be provided

as part of the total car parking requirements. Plans demonstrating compliance with this requirement and the following Australian Standards are to be submitted to, and approved prior to issue of the Construction Certificate.

AS/NZS 2890.1 2004 Parking Facilities – Off Street Car Parking AS/NZS 1428.1: 2009 Design for access and mobility – General requirements

for access New building works AS/NZS 1428.4.1:2009 Design for access and mobility – Means to assist the

orientation of people with vision impartment – Tactile ground surface indicators.

20. Prior to the issue of the Construction Certificate an application for the installation of an onsite sewage management system is to be lodged with Council’s Environmental Services Department for approval. The system shall be designed in accordance with the Whitehead and Associates Waste Water Management Plan (ref 1537 17/02/16), AS/NZS 1547:2012 and the Environmental & Health Protection Guidelines. The effluent disposal area of 3050m² is to be located as indicated on the site plan in Figure 2 from Whitehead and Associates Waste Water Management Plan (ref 1537 17/02/16).

21. Payment of a cash contribution to Council in accordance with the provisions of

Dungog Section 94 Contributions Plan 2004 adopted 29 September 2004 as amended September 2015.

The following contributions, which are subject to quarterly adjustment, are to be paid prior to the release of the Construction Certificate.

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Gresford Catchment Rural Sub-Arterial Roads upgrades $4,196.88

Rural Local Roads & Intersection upgrades $11,502.56

Total $15,699.44

Advice: Copies of the Contributions Plan are available for inspection and purchase at Council’s Administration Building, Dungog. The applicant must contact Council prior to the payment to determine the current rate of contribution, as the rates are revised quarterly.

During Construction 22. Approved toilet facilities are to be provided, at or in the vicinity of the work site on

which the work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every twenty (20) persons employed at the site. The provision of toilet facilities in accordance with the Clause must be completed before any other work is commenced.

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

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

Council and the Environmental Protection Authority may issue "on the spot" fines if breaches of the Environmental Offences and Penalties Act, are detected.

Note: Your attention is drawn to your responsibility to control any litter arising from building works associated with this consent.

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

and other pollutants onto any road. 25. All excavated or filled areas are to be battered to a slope of not greater than 45

degrees to the horizontal, or alternatively, be retained by a retaining wall. Where the height of the retaining wall exceeds 1000mm, duplicate copies of structural details, prepared by a practicing Structural Engineer, are to be submitted to and approved by the Principle Certifying Authority prior to their construction. All excavated and filled areas are to be drained to the satisfaction of Council.

26. To minimise soil erosion during construction, the owner and builder shall ensure that

the following measures are implemented in the sequence outlined:-

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

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

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

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

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

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

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All erosion and sedimentation controls are to be installed in accordance with Council's erosion and sedimentation control policy and code of practice.

Failure to implement and maintain all erosion and sedimentation control measures is a breach of the Protection of the Environment Operations Act 1997 and is liable to a $750 on-the-spot fine.

27. Construction works must not unreasonably interfere with the amenity of the

neighbourhood. In particular construction noise, when audible on ad

REPORTS BY DEPARTMENT REQUIRING RESOLUTION BY COUNCIL · Owner: Mr D W and Mrs J K Maroulis...

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