Statement of Environmental Effects · 93-115 Armidale Road, Willawarrin | 1 Statement of...

93-115 Armidale Road, Willawarrin | 1

Statement of Environmental Effects

93-115 Armidale Rd, Willawarrin

28 January 2020

Prepared by GC Studio


Rev Description DATE AUTHOR CHECKED

A Draft For Rev 02/12/19 SZ BT

B For DA Lodgement 28/01/20 SZ CC

GC Studio Pty Ltd

2/19 Reserve Street,

Beaconsfield, NSW 2015

Australia


TABLE OF CONTENTS

0 EXECUTIVE SUMMARY .......................................................................................................................... 6

Overview ....................................................................................................................................... 6

Development Summary ................................................................................................................. 6

Planning and Environmental Assessment ....................................................................................... 6

1 INTRODUCTION ............................................................................................................................. 8

1.1 Overview ............................................................................................................................. 8

1.2 Planning Background ............................................................................................................ 9

1.2.1 Correspondence with Council ....................................................................................................... 9

1.2.2 Correspondence with WaterNSW ............................................................................................... 10

1.2.3 Previous Application .................................................................................................................... 10

1.2.4 Pre-Lodgement Consultation ...................................................................................................... 11

2 SITE AND ITS LOCALITY .................................................................................................................. 12

2.1 The Site ............................................................................................................................... 12

2.2 Site Locality ......................................................................................................................... 13

3 THE PROPOSAL ............................................................................................................................. 17

3.1 Overview ............................................................................................................................ 17

3.2 Development Setbacks ........................................................................................................ 19

3.3 Site coverage ....................................................................................................................... 20

3.4 Operation ............................................................................................................................ 20

3.4.1 Operation details ......................................................................................................................... 20

3.4.2 Staff ............................................................................................................................................. 21

3.4.3 Security management ................................................................................................................. 21

3.4.4 Operating hours .......................................................................................................................... 21

3.4.1 Truck delivering hours ................................................................................................................. 21

3.4.2 Waste management ongoing operation ..................................................................................... 21

4 PLANNING ASSESSMENT ............................................................................................................... 23

4.1 Environmental Planning and Assessment Act 1979 .............................................................. 23

4.1.1 Objectives of the Act ................................................................................................................... 23

4.1.2 Matters for Consideration ........................................................................................................... 23

4.2 Water Management Act 2000 ............................................................................................. 24

4.3 Rural Fire Act 1997 .............................................................................................................. 24

4.4 Local Environmental Plan 2013 (KLEP 2013) ......................................................................... 27

4.5 Kempsey Development Control Plan 2013 ........................................................................... 31

5 ENVIRONMENTAL ASSESSMENT .................................................................................................... 34


5.1 Privacy and View Impacts .................................................................................................... 34

5.2 Noise Impacts...................................................................................................................... 34

5.3 Odour Impacts .................................................................................................................... 34

5.4 Bushfire Protection Assessment .......................................................................................... 36

5.4.1 Building massing and height ........................................................................................................ 36

5.5 Traffic and Transport ........................................................................................................... 36

5.5.1 Parking ......................................................................................................................................... 36

5.5.2 Site access and manoeuvrability ................................................................................................. 37

5.5.3 Conclusion ................................................................................................................................... 37

5.6 Flood ................................................................................................................................... 38

5.7 Stormwater Management ................................................................................................... 38

5.8 Stormwater Quality ............................................................................................................. 39

5.9 Building Code of Australia ................................................................................................... 39

5.10 Waste Management ............................................................................................................ 40

6 OTHER CONSIDERATIONS .............................................................................................................. 41

6.1 Social and Economic ............................................................................................................ 41

6.2 The Public Interest .............................................................................................................. 41

7 CONCLUSION ................................................................................................................................ 42


Appendices

Appendix 1: Pre-Development Application Advice dated 02/08/2019 from Kempsey Shire Council;

Appendix 2: Architectural Plans dated XX/XX/XX prepared by GC Studio Pty Ltd;

Appendix 3: Survey plan prepared by Pacific Survey;

Appendix 4: BCA Report dated 15/01/2020 by NW Building Certification;

Appendix 5: Best Management Practice Review dated 06/11/2019 by SESL Australia Pty Ltd;

Appendix 6: Bushfire Protection Assessment Report dated 30/10/2019 by Australian Bushfire Protection

Planners Pty Ltd;

Appendix 7: Preliminary Flood Assessment and Flood Certificate dated 09/01//2020 by Wilson Consulting

Engineers;

Appendix 8: Stormwater Report dated 17/01/2020 by Wilson Consulting Engineers;

Appendix 9: Traffic Assessment Report dated 18/12/2019 by SYJ Consulting Engineers;

Appendix 10: Site Waste Minimisation and Management Plan dated December 2019 by Barker Ryan Stewart Pty

Ltd;

Appendix 11: Test Bore License granted from WaterNSW dated 24/05/2019;

Appendix 12: 2018 Development Application consent Notice of Determination; and

Appendix 13: A complete and signed DA form (including owner’s consent).


0 Executive Summary

Overview

The Statement of Environmental Effects (SEE) has been prepared in support of the subject development

application (DA) for Ms Yiyi Wang at 93-115 Armidale Road, Willawarrin (the site).

The SEE describes the site and locality, its existing condition, outlines the proposed development and assesses

the suitability of the proposal having regard to the relevant environmental legislation and guidelines.

The subject site is legally described as Lot 2 DP 258968- see lot plan at Figure 2.

Development Summary

The DA submitted seeks Council approval for the following:

• Demolition of two (2) metal sheds;

• Construction of sixteen (16) vegetable greenhouses;

• Establishment of outdoor market gardens;

• Construction of two (2) storage sheds and one (1) fertilizer shed;

• Construction of a packing workshop shed with cool room;

• construction of a staff accommodation;

• construction of a roadside stall;

• construction of an OSD basin;

• construction of two bores; and

• extension of driveway and proposed nine (9) car parking spaces with a loading bay.

Planning and Environmental Assessment

A planning and environmental assessment has been undertaken in Section 4 and 5 of the SEE respectively,

supported by additional studies that comprise the DA. it is considered that it is clearly demonstrated that

development proposed will in result in any adverse impacts and that the site is suitable for the proposed use.

In summary, it is considered that justification for approval on both planning and environmental grounds I

demonstrated throughout the SEE on the following grounds:

• The development permissible in the RU2 Rural Landscape Zone and consistent with the zone objectives

of the KLEP 2013;


• The development is compliant with the relevant development standards and provisions of the KLEP

2013;

• The development is generally compliant with the relevant development controls of the KDCP 2013, and

any variations are justified and in accordance with the control objectives;

• The development will not result in any adverse amenity impacts or restrict the developability of

surrounding sites with respect to the natural and built environments and social and economic impacts

in the locality;

• The development will not adversely impact on the surrounding traffic network;

• The proposal is consistent with the desire of Kempsey Shire Council to promote more intensive

agriculture as a means of stimulating economic activity; and

• Ongoing positive economic impacts will result from the development as uses proposed will generate

employment activities.


1 Introduction

1.1 Overview

This Statement of Environmental Effects (SEE) supports a Development Application (DA) made to the Kempsey

Shire Council for the redevelopment of 93-115 Armidale Road, Willawarrin (the site). The preparation of SEE and

lodgement of the DA have been undertaken on behalf of the proponent, Ms Yiyi Wang by GC Studio.

This SEE describes the proposed development with consideration of the context of the area, describes the

proposed development, and assesses the proposal against the relevant matters for consideration and the core

planning policies that are:

• Kempsey Local Environmental Plan 2013 (MLEP 2013);

• Kempsey Development Control Plan 2013 (MDCP 2013).

Furthermore, the SEE provides an assessment of those relevant heads of consideration pursuant to 4.15 of the

Environmental Planning and Assessment Act 1979 (EP&A Act 1979).

The SEE includes the following information:

• Description of the site in its local and regional context;

• Identification of the concept approval being sought;

• Assessment of the proposal against the relevant State and local controls and polices;

• Identification and assessment of the likely impacts of the proposal;

• Provision of potential measures for minimising or managing the impacts of development; and

• Conclusion as to why the site is suitable for the use intended and in the public interest.

This SEE should be read in conjunction with the following appended documents:

• Appendix 1: Pre-Development Application Advice dated 02/08/2019 from Kempsey Shire Council;

• Appendix 2: Architectural Plans dated 24/01/2020 prepared by GC Studio Pty Ltd;

• Appendix 3: Survey plan prepared by Pacific Survey;

• Appendix 4: BCA Report dated 15/01/2020 by NW Building Certification;

• Appendix 5: Best Management Practice Review dated 06/11/2019 by SESL Australia Pty Ltd;


• Appendix 6: Bushfire Protection Assessment Report dated 30/10/2019 by Australian Bushfire

Protection Planners Pty Ltd;

• Appendix 7: Preliminary Flood Assessment and Flood Certificate dated 09/01//2020 by Wilson

Consulting Engineers;

• Appendix 8: Stormwater Report dated 17/01/2020 by Wilson Consulting Engineers;

• Appendix 9: Traffic Assessment Report dated 18/12/2019 by SYJ Consulting Engineers;

• Appendix 10: Site Waste Minimisation and Management Plan dated December 2019 by Barker Ryan

Stewart Pty Ltd;

• Appendix 11: Test Bore License granted from WaterNSW dated 24/05/2019; and

• Appendix 12: 2018 Development Application consent Notice of Determination.

1.2 Planning Background

1.2.1 Correspondence with Council

Staff at GC Studio contacted Council’s Development Assessment on behalf of the proponent / owners of the

subject site, Ms Yiyi Wang. This conversation was initially regarding a Notice of Intention to Issue a Stop Work

Order for unauthorised works that had been commenced by the owners in December 2018 and January 2019.

The owner was unaware of the requirement for Development Consent from Council, with the extent of the

works involving the following activities:

• Excavation carried out on the land;

• Trenches excavated in the land; and

• Clearing of native vegetation along water courses.

Upon receipt of a Notice of Intention to Issue an Order from Council outlining consideration of works to be

unauthorised, the proponent commissioned GC Studio to contact Council to seek advice on responding ‘Stop

Work Order’ as well as to prepare a Development Application to Council, with drawings and descriptions of

proposed agricultural development.

The proponent has suspended all filed works with immediate effect, upon receipt of Council’s Notice of Intention

to Issue an Order.

GC Studio started preparing the development application at 93-115 Armidale Road, Willawarrin afterwards.


1.2.2 Correspondence with WaterNSW

The proponent made an application with WaterNSW for construction of two test bores for groundwater

investigation purposes. The approval was consented on 24th May 2019. The letter from WaterNSW is provided

at Appendix 11.

The construction of test bores for groundwater investigation purposed has completed in September 2019.

The communication between the Kempsey Council officer and the proponent stated that the construction of

bores for the horticultural activities requires a development application.

The construction of two groundwater bores for agricultural and horticultural production purpose forms part of

this proposal.

1.2.3 Previous Application

The relevant application history of the site is provided below:

• Development Application T6-18-277 approved 14 September 2018 for Market Garden.

The key consent document to describe this DA (T6-18-277) is a Statement of Environmental Effects prepared by

Brickwood Planning Services dated August 2018.

The Executive Summary and Description of Proposed Development extracted from the SEE are:

Figure 1： Executive Summary and Description of Proposed Development extracted from consented SEE prepared by Brickwood Planning Services.

This development application prepared by GC Studio is a development extension to the 2018 approved

application and is general consistent with the previous proposal.

The proposed development area in this application is approximately 70,550m2 (7.1ha), which is less than the

consented coverage area of 10ha.


A Copy of the 2018 Development Application consent Notice of Determination is provided at Appendix 12.

1.2.4 Pre-Lodgement Consultation

A Pre-DA meeting held between the proponent and Council on 26 July 2019. In attendance was Architects at GC

Studio, landowner, KSC Compliance Officer and Town Planner at the Kempsey Shire Council.

The Pre-DA meeting with Council provided written advice in respect to:

1. On-site detention basin system to ensure runoff/sediment/ silt does not impact the watercourse;

2. Truck access to the site and access hours to minimise impact on Willawarrin Public School and Armidale

Road;

3. Flood Search and relevant information should be used to inform the development design;

4. Waste management, including to minimise construction waste

5. Fertilizer/pest management; and

6. Setback to Creek.

The advice provided from the meeting was constructive. Resolution of matters raised has been reflected in the

final DA proposal.

Pre-lodgement feedback letter is attached with SEE as Appendix 1.


2 Site and its Locality

2.1 The Site

The subject site is known as 93-115 Armidale Road, Willawarrin. The site has an area of approximately 23ha with

street frontage to Armidale Road and rear boundary to the bank of Hickeys Creek.

Legally the site is described as Lot 2 DP 258968- see lot below.

The subject site has access to Armidale Road.

Figure 2: Site Lot Plan, Sixmaps

The site generally falls from the south west corner of the site to the to the north-east towards the Hickeys creek.

The existing development on the site is one single storey brick residence and two metal shed– see provided

photo overleaf.

The Site


Photo 1: Existing brick residence and metal shed

There was a drainage trench excavated before preparing this development application. As the proponent

suspended the authorised excavation work, the construction of drainage trench forms part of this development

proposal.

Photo 2: Trench has been excavated on site near the front fence

2.2 Site Locality

The site is in Willawarrin, a country village of Kempsey. It is approximately 25km north-west of central Kempsey,

60km to central Port Macquarie and 350km north of central Sydney.

The site’s regional context is illustrated below.


Figure 3: Regional Context, Sixmaps

The site is approximately in 650m west of the Willawarrin village centre. It is to the west of Willawarrin Public

School and east of a single-storey residence know as 117 Armidale Rd, Willawarrin.

This area consists of mainly low-density residential dwellings in large lot.

The Site


Figure 4: Site regional and local context (source: SIX Maps).

Figure 5: Willawarrin Public School (source: Nearmaps).

The Site

Residence

Willawarrin Public School


Photo 3: View to western neighbouring property (117 Armidale Rd)

Photo 4: View to Willawarrin Public School


3 The Proposal

3.1 Overview

The proposal seeks approval for the demolition of the existing metal sheds, improvement of the excavated

drainage trench, establishment of market gardens, construction of greenhouses and supporting amenities. The

existing single-storey residence will be retained.

The proposal seeks approval for:

• demolition of the existing two metal sheds;

• establishment of outdoor market garden;

• erection of sixteen (16) vegetable greenhouse, including six (6) of 60 metres by 15 metres and ten (10)

of 120 metres by 15 metres, each having a wall height of 2.2 metres and a height to the top of the

greenhouses of 3.4 metres;

• construction of two storages and one packing workshop with dimensions of 11 metres by 25 metres;

• construction of one fertilizer shed with dimension of 10 metres by 10 metres and a height of 3.8 metres;

• construction of one rural worker’s accommodation building;

• construction of a seasonal operating roadside stall;

• construction of drainage trench and two groundwater bores; and

• extension of driveway and proposed one truck loading bay, and nine (9) car parking spaces including

three (3) disabled access parking space.

The new worker’s accommodation building comprises:

• seven accommodation rooms, including 5 rooms for full-time on-site employees and 2 rooms for

seasonally casual staff;

• kitchen and living area;

• female & male bathrooms;

• one office room; and

• one storage room.


Figure 6：Proposed Site Plan


Figure 7: Proposed floor plan of the building area.

3.2 Development Setbacks

The proposal has the following setbacks:

• To boundary with Willawarrin Public School minimum 100m on the west and minimum 120m on the

north;

• To northern site boundary （Hickeys Creek） minimum 40m;

• To the west minimum 10m; and

• To the east (rear of the site) 10m.

The proposed roadside stall is within the 10m setback to Armidale Road and greater than 100m setback to

Willawarrin School.


3.3 Site coverage

Overall Site Area 23.17 Hectares Coverage Percentage

Soft soil area 67,138.8m2 28.98%

Outdoor market garden (plant area included) 43,738.8m2 18.9%

Greenhouse area: 23,400m2 10%

- Type 1 (120m × 15m) - 18,000m2 - 7.77%

- Type 2 (60m × 15m) - 5,400m2 - 2.33%

Site coverage with hard surface 3,409.9m2 1.47%

Retained residence 193.9m2 0.56%

Proposed staff accommodation house 215m2

Proposed packing workshop shed 330m2

Proposed farm storage shed 550m2

Proposed driveway and parking area 2,121m2 0.92%

Overall development area 70,548.7m2 30.45%

The land has a total area of approximately 23.17ha, of which 7.055ha is proposed to be used as development

area including market gardens and greenhouses.

3.4 Operation

3.4.1 Operation details

The primary use of the site is to establish market garden and greenhouse for cultivation of vegetables. The

agricultural and horticultural activity will be accompanied with hand-picking harvest in field, tractor delivery to


the packing workshop shed, temporarily storage within cool room, and distribution to the wholesales and

restaurants.

The development will also provide for the vegetable needs of nearby residents through the roadside stall.

3.4.2 Staff

Staff number will be approximately 7 and will include farm worker staff and the manager.

The development will employ 5 full time staff member and 2 seasonally casual staff members.

Staff numbers will fluctuate seasonally, given vegetable growing conditions and when harvest events are

required.

The full-time staff will be provided with worker accommodation.

The casual staff is encouraged to be employed in the local area. However, they are also provided with

commendation during peak seeding and harvest seasons.

3.4.3 Security management

Not less than two staff members shall be on duty within the premises 24 hours a day.

An incident reporting system will be developed for the farm. The incident reporting system will be coordinated

and managed by the site/farm manager and available to review at the office room.

3.4.4 Operating hours

Filed work generally operates from 6:00am to 7:00pm, Monday to Sunday.

Packing workshop operates from 8:00am to 7:00pm, Monday to Sunday.

3.4.1 Truck delivering hours

Heavy vehicle delivery along Armidale Road past the Willawarrin Public School on any school days must avoid

the following hours:

• Between 8:00am and 9:30am; and

• Between 2:30pm to 4:00pm

3.4.2 Waste management ongoing operation

The development will require 10 × 360L bins for recyclables for non-residential premises, and 3 × 240L recycle

bins for residential premises. The development also requires 8 × 240L bins for general waste for non-residential

premises, and 3 × 240L bin for general waste for residential premises.

Two storage areas have been identified on site for the storage of these bins awaiting collection. Each week

general waste will be collected from the Armidale Road frontage by Kempsey Shire Council as per Council’s pick-

up schedule and each fortnight recycling will be also be collected from the Armidale Road frontage.


Employees will transfer their general and recycle waste to the bins located in the waste storage areas for both

the residential component and market garden component of the development.

The site manager will be responsible for transferring the bins from the storage area to the Armidale Road

frontage for collection each week for general waste and each fortnight for recycling.

Management shall be responsible for the maintenance and security of the waste storage areas and of the

associated signage.

An arrangement will be made with a bin cleaning contractor for regular bin cleaning. The bin contractor will

provide a specialised filtration service to ensure pollutants are collected by the mobile unit and appropriately

disposed in accordance with EPA Guidelines.


4 Planning Assessment

4.1 Environmental Planning and Assessment Act 1979

4.1.1 Objectives of the Act

This SEE has been prepared in accordance with the relevant objectives of the EP&A Act. The objectives of the

EP&A Act (as amended) are to:

• Encourage:

- the proper management, development and conservation of natural and artificial resources,

including agricultural land, natural areas, forests, minerals, water, cities, towns and villages

for the purpose of promoting the social and economic welfare of the community and a better

environment;

- the promotion and co-ordination of the orderly and economic use and development of land;

- the protection, provision and co-ordination of communication and utility services;

- the provision of land for public purposes;

- the provision and co-ordination of community services and facilities; and

- the protection of the environment, including the protection and conservation of native animals

and plants, including threatened species, populations and ecological communities, and their

habitats; and

- ecologically sustainable development; and

- the provision and maintenance of affordable housing; and

• Promote the sharing of the responsibility for environmental planning between the different levels of

government in the State; and

• Provide increased opportunity for public involvement and participation in environmental planning and

assessment.

4.1.2 Matters for Consideration

Section 79C of the EP&A Act provides the matters for consideration a consent authority must consider in

determining a development application, which are:

(a) the provisions of:

(i) any environmental planning instrument, and

(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, and


(iii) any development control plan, and

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

paragraph), that apply to the land to which the development application relates,

(b) the likely impacts of that development, including environmental impacts on both the natural and

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

(c) the suitability of the site for the development,

(d) any submissions made in accordance with this Act or the regulations,

(e) the public interest.

The above matters are addressed within this Report.

4.2 Water Management Act 2000

The proposal seeks the construction of bores for agricultural purposes.

The proposal will require an approval under the Water Management Act 2000 (NSW) and as such is Integrated

Development.

The Water Management Act 2000 Integrated Development referral is suggested to comprise:

• A copy of the DA form;

• Architectural plans prepared by GC Studio Architects;

• SEE prepared by GC Studio Urban Planners;

• Flood Certificate dated 9 January 2020 prepared by Wilson Consulting Engineers; and

• Stormwater Report dated 17 January 2020 prepared by Wilson Consulting Engineers.

4.3 Rural Fire Act 1997

The area of the substantial building works (Lot 2 in DP 258968) is not identified as bush fire prone land; however,

a portion of the proposed greenhouses is identified as within a buffer area (see bush fire mapping Figure 8

below).


Figure 8: Bush fire mapping, NSW Planning Portal, ePlanning Spatial Viewer

This buffer area includes portions of the land in the rear and front of the site.

Under Section 100B of the Bush Fires Act, the following provisions apply:

“100B Bush fire safety authorities

(1) The Commissioner may issue a bush fire safety authority for:

(a) a subdivision of bush fire prone land that could lawfully be used for residential or rural

residential purposes, or

(b) development of bush fire prone land for a special fire protection purpose.

(2) A bush fire safety authority authorises development for a purpose referred to in subsection (1) to

the extent that it complies with standards regarding setbacks, provision of water supply and other

matters considered by the Commissioner to be necessary to protect persons, property or the

environment from danger that may arise from a bush fire.

(3) A person must obtain such a bush fire safety authority before developing bush fire prone land for

a purpose referred to in subsection (1).

(4) Application for a bush fire safety authority is to be made to the Commissioner in accordance with

the regulations.

(5) Development to which subsection (1) applies:


(a) does not include the carrying out of internal alterations to any building, and

(a1) does not include the carrying out of any development excluded from the operation of this

section by the regulations, and

(b) is not complying development for the purposes of the Environmental Planning and

Assessment Act 1979, despite any environmental planning instrument.

(6) In this section:

special fire protection purpose means the purpose of the following:

(a) a school,

(b) a child care centre,

(c) a hospital (including a hospital for the mentally ill or mentally disordered),

(d) a hotel, motel or other tourist accommodation,

(e) a building wholly or principally used as a home or other establishment for mentally

incapacitated persons,

(f) seniors housing within the meaning of State Environmental Planning Policy (Housing for

Seniors or People with a Disability) 2004,

(g) a group home within the meaning of State Environmental Planning Policy No 9—Group

Homes,

(h) a retirement village,

(i) any other purpose prescribed by the regulations.”

The proposal provides for agriculture premises in the bushfire prone areas of the site and requires a concurrence

(issue of a bush fire certificate) from the Commissioner prior to approval.

The proposal is Integrated Development under the Bush Fire Act and a Bushfire Protection Assessment Report

dated 22/01/2020 prepared by Australian Bushfire Protection Planners is provided with the DA. This report

concludes:

“This report has examined the bushfire hazard to the proposed Market Garden complex erected on No. 95 - 115

Armidale Road, Willawarrin and has found that the vegetation on the site has been recorded on the Kempsey

Bushfire Prone Land Map as Category 1 Bushfire Prone Vegetation.

A review of the vegetation confirmed that except for a narrow corridor of vegetation within the riparian corridor

to Hickeys Creek the site and surrounding properties contain pasture grass which is grazed and therefore not

deemed to constitute Category 1 Bushfire Prone Vegetation.

However, as the site is recorded on the Bushfire Prone Land Map as ontaining bushfire prone vegetation the

requirement of Section 4.14 of the Environmental Planning & Assessment Act 1979 is triggered and the consent

https://www.legislation.nsw.gov.au/#/view/act/1979/203

https://www.legislation.nsw.gov.au/#/view/act/1979/203

https://www.legislation.nsw.gov.au/#/view/EPI/2004/143





authority must determine the extent to which the proposed development complies with the deemed-to-satisfy

provisions of Planning for Bushfire Protection 2006.

An examination of the type of development on the site identified that the proposed Greenhouses and sheds are

Class 8 buildings which are required to satisfy the requirements/specifications of Section 4.3.6 of Planning for

Bushfire Protection 2006.

The examination also reviewed the class of the proposed Staff Accommodation building and found that the BCA

classifies this building as a Class 3 structure. However, the proposes occupancy is for long term staff

accommodation and not short-term accommodation as defined by Class 3 classification.

Therefore, this report examines the bushfire protection measures to a residential building with long term

occupancy – not being a ‘Special Fire Protection Purpose Development’.

This report has determined that there is a low bushfire risk to the development. However, as a precautionary

measure a 10 metre wide managed defendable space has been recommended to all aspects of the Greenhouses,

sheds and Staff Accommodation and existing dwelling.”

The Report also provides specification for the construction of the proposed sheds, Staff Accommodation

buildings and any new work to the existing dwelling and the provision of an access road to the perimeter of the

site.

The proposal is acceptable in terms of bush fire risk, subject to the Commissioner of the NSW Rural Fire Service’s

concurrence and imposition of any recommended conditions of consent.

The Rural Fires Act 1997 Integrated Development referral is suggested to comprise:

• A copy of the DA form;

• Architectural plans prepared by GC Studio Architects;

• SEE prepared by GC Studio Urban Planners; and

• Bushfire Protection Assessment Report 22/01/2019 prepared by Australian Bushfire Protection

Planners.

4.4 Kempsey Local Environmental Plan 2013 (KLEP 2013)

The proposal’s compliance with the LEP is summarised below.

Table 1- LEP 2013 Compliance Check

Control Standard Proposed Compliance


Cl 2.1 Zoning RU2 Rural Landscape The works are

permissible with consent

in the zone and satisfy

zone objectives.

See discussion.

Yes

Cl 4.2B See objectives below in

Clause 4.2B

The works are

permissible with consent

in the zone and satisfy

zone objectives.

See discussion.

Yes

Cl 4.3 Height A building height control

does not apply to the

site.

The proposed

greenhouse has a

maximum height of

4.0m.

N/A

Cl 4.4 Floor Space Ratio A floor space ratio

control does not apply to

the site.

N/A

Cl 5.10 Heritage

conservation

The site is not a Heritage

Item or in a Conservation

Area.

The adjoining site,

Willawarrin Public

School, 85-91 Main

Street (Lot 12, DP

813713) is a Local

Heritage Item (I104)

The proposed

development has

considered potential

impact on the

Willawarrin Public

School. The proposed

greenhouses all have a

minimum set back of

100m from the school.

Yes

4.1.1 Zoning and Objectives

The site is zoned RU2 Rural Landscape pursuant to the LEP – see zoning extract below.


Figure 9: Local Zoning Pattern, LEP Extract

The zone objectives and land use for the RU2 Rural Landscape Zone are as follows (our emphasis added):

“Zone RU2 Rural Landscape

1 Objectives of zone

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

base.

• To maintain the rural landscape character of the land.

• To provide for a range of compatible land uses, including extensive agriculture.

2 Permitted without consent

Environmental protection works; Extensive agriculture; Forestry; Home-based child care; Home occupations

3 Permitted with consent

Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Boat

launching ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and

tourism boating facilities; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist

facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Freight transport

facilities; Group homes; Heavy industries; Helipads; Home businesses; Home industries; Hospitals; Industrial

training facilities; Information and education facilities; Jetties; Liquid fuel depots; Marinas; Mooring pens;

Moorings; Places of public worship; Recreation areas; Recreation facilities (major); Recreation facilities

(outdoor); Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’

The Site


dwellings; Secondary dwellings; Signage; Tourist and visitor accommodation; Transport depots; Truck depots;

Veterinary hospitals; Water recreation structures; Water supply systems; Wharf or boating facilities

4 Prohibited

Backpackers’ accommodation; Hotel or motel accommodation; Serviced apartments; Any other development not

specified in item 2 or 3

The development is consistent with the zone objectives in that:

• it provides for agricultural development at the scale envisaged by current planning polices for the site

and fulfils the economic development objectives of the zone; and

• it will achieve a high-quality extensive agriculture with less impact on environment.

Development for the purpose of ‘agriculture’ development is permissible with consent in the RU2 Rural

Landscape Zone. Agriculture is defined in the LEP as:

“agriculture means any of the following:

(a) aquaculture,

(b) extensive agriculture,

(c) intensive livestock agriculture,

(d) intensive plant agriculture.”

The proposed greenhouse and its use are permissible and as envisaged in the site’s RU2 Zone

4.1.2 Rural worker’s dwelling

The associated development of staff accommodation as a type of ‘rural works’ dwellings’ is also permissible with

consent in the RU2 Rural Landscape Zone. The definition of rural works’ dwellings in the LEP is:

“rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and

that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term

basis, for the purpose of agriculture or a rural industry on that land.”

The clause 4.2B Erection of rural workers’ dwellings in certain rural and environmental protection zones and its

objective are as follows:

“(1) The objective of this clause is to ensure the provision of adequate accommodation for employees of existing

agricultural or rural industries.

(2) This clause applies to land in the following zones:


(a) Zone RU1 Primary Production,

(b) Zone RU2 Rural Landscape,

(c) Zone RU4 Primary Production Small Lots, (d) Zone E3 Environmental Management,

(e) Zone E4 Environmental Living.

(3) Development consent must not be granted to the erection of a rural worker’s dwelling on land to which this

clause applies, unless the consent authority is satisfied that:

(a) the development will be on the same lot as an existing lawfully erected dwelling house, and

(b) the development will not impair the use of the land for agriculture or rural industries, and

(c) the agriculture or rural industry being carried out on the land has a demonstrated economic capacity to

support the ongoing employment of rural workers, and

(d) the development is necessary considering the nature of the agriculture or rural industry land use lawfully

occurring on the land or as a result of the remote or isolated location of the land. “

The proposed staff accommodation and its use are permissible and as envisaged in the site’s RU2 Zone.

4.5 Kempsey Development Control Plan 2013

The DA is consistency with the Kempsey Development Control Plan 2013 (DCP 2013) is located in the table below.

As required under Section 79C(3A) of the EP&A Act, a consent authority is required to apply DCP provisions

flexibly and allow reasonable alternative solutions that achieve the objects of those standards. Where alternate

solutions to the provisions are proposed, they are identified in the table and discussed in the following sections

of this environmental assessment.

Control Assessment/Comment

Compliance

(√/x)

Chapter B1- Subdivision The proposal does not seek to subdivide land. N/A

Chapter B2- Parking, Access and

Traffic Management

The existing vehicular crossing are retained at the

main entry to the site.

Proposed new gravel driveway and 9 car parking

spaces are to facilitate the employee vehicles and

trucks.

A traffic assessment is provided with DA at Appendix

9.

√


Chapter B4- Earthworks and

Sediment Control

Most of the land remains as soft landscape area for

planting. The proposed development will not involve

intensive excavation.

An Erosion and Sediment Control Plan is attached

with Stormwater Management Plan at Appendix 8.

During construction a silt fence will be placed along the boundary around the construction site. The silt fence will prevent silt and waste being washed into the creek. Hay Bales will be installed at regular intervals to ensure filtration of stormwater. A temporary construction entry will be created at the southern entry into the proposed site.

√

Chapter B5- Stormwater

Management

An OSD basin is proposed at 300m2 in area and 1m

deep at RL 49.00m to account for a required volume

calculated in DRAINS of 300m3.

A stormwater management plan is provided with DA

at Appendix 8.

√

Chapter B7- Floodplain

Management

The site is affected by flood in the 1% AEP due to the

traversing of Hickeys Creek to the northern boundary

of the site.

The 1% Annual Exceedance Probability (AEP) flood

level 1 (1 in 100year) at the subject site is RL46.4m

AHD in accordance with the Kempsey Shire Council

Flood Inquiry information.

The associated flood planning level incorporating

500mm freeboard for minimum habitable floor level

is 46.9m AHD.

The existing residence has a ground floor RL 50.75m

AHD. The proposed greenhouse area is proposed with

a finished floor level at 48.20m. The other proposed

new structures finished floor level are generally at a

minimum of approximately FFL 49.50m AHD. The

proposed finished floor levels are over the 1% AEP

level.

The proposed development does not affect the 100

ARI floodway zone and complies with the relevant

requirements.

√


A preliminary flood assessment is provided with DA at

Appendix 7.

Chapter B10- Tree Preservation

and Vegetation Management

N/A. The proposal does not seek removal of trees. NA

Chapter B13- Heritage N/A.

The subject site is not a Heritage Item or in a

Conservation Area. The adjoining site, Willawarrin

Public School, 85-91 Main Street (Lot 12, DP 813713)

is a Local Heritage Item (I104).

The proposed development has considered potential

impact on the Willawarrin Public School. The

proposed greenhouses and the other field work all

have a minimum set back of 100m from the school.

The proposal shall have no reversed impact on the

adjoining Heritage Item.

√

Chapter B16- Waste Minimisation

and Prevention

The site manager has a responsibility to continually

manage the green waste and general waste.

A contractor will be appointed to collect the recycle

waste generated by packing.

A Waste Management plan is provided with the DA at

Appendix 10.

√


5 Environmental Assessment

5.1 Privacy and View Impacts

The buildings and greenhouses are positioned away from adjoining residential allotment on the west as well as

Willawarrin Public School on the east.

The proposed staff accommodation is positioned in line with the existing residence. An approximately 25m

setback is considered a reasonable separation distance to address privacy impacts from the boundary of the

neighbouring property.

All farming activities are kept away from the boundary with the Willawarrin Public School with a minimum of

100 metre buffer.

The proposal has acceptable privacy impacts on adjoining residential dwelling and School.

5.2 Noise Impacts

There is foreseeable noise likely to be generated by the loading and unloading of vehicles of produce in filed and

the use of irrigation pumps and equipment, however, such disturbances will be similar to the activities that occur

on surrounding rural properties in the agricultural and livestock activities.

The noise generated during irrigation can be managed by restricting operational hours. Also, considering the

irrigation within greenhouse is in an indoor space, and generous separations have been provided to the adjoining

residential dwelling and School, the noise impact has been minimised within air transmission.

The proposal is able to be constructed and operated with acceptable noise impacts.

5.3 Odour Impacts

There is potential for odour to be generated by the agricultural activities such as the applications of pesticides,

fertilizers, herbicides and etc.

Given the reason, the Best Management Practice Review is provided by SESL Australia to outline the practical

odour control measures to mitigate the environmental effects (refer to Appendix 5). These include:

• Where above crop spray applications are to occur, use the largest effective droplet size to minimise

wind drift;


• Perform a spray drift risk assessment prior to spraying;

• Do not spray in high wind, high temperature, high humidity, foggy conditions or contrary to any other

considerations presented on the label;

• Inform neighbours of planned spraying events and potential risks;

• Keep chemical applications away from sensitive areas;

• Appropriately train all staff to apply chemicals and supervise staff if required; and

• Maintain spray records to be updated within 24 hours of spraying event, and keep records of all on-

farm applications of pesticides, herbicides and fertilisers for a minimum of three years.

The farm manager will be responsible for selecting correct and qualified fertilizers and herbicides for the correct

target organism and fertiliser requirement with a minimised odour impact.

The other potential odour is likely from the storage and handling of waste including green waste at the site,

however this is considered to be minor and can be sufficiently mitigated with normal on-site waste management

procedures such as:

• Store green waste in a designated area with timely cleaning;

• Store general waste materials in enclosed bins;

• Ensure regular disposal of waste materials from the site;

• Regularly clean packing and storage areas; and

• Ensure all green waste are not left out for excessive periods.

Given the extensive setbacks have been provided to the adjoining allotments, and the use of agricultural inputs

in either within greenhouse- indoor space, there is unlikely to be any adverse impacts on air quality that would

adversely affect the environmental of amenity of the adjoining school or residents.

In the event that the proposed odour management measures are not sufficient and lead to an odour impact, it

is recommended that an investigation be conducted by a suitably qualified air quality consultant to identify the

cause of the odour impact, and the nature of the odour source.


5.4 Bushfire Protection Assessment

5.4.1 Building massing and height

A Bushfire Protection Assessment has been prepared by Australian Bushfire Protection Planners and is included

in Appendix 6. The study undertakes an assessment to identify the level of risk to the buildings from a potential

bushfire hazard and determines the deemed-to-satisfy bushfire protection requirements for the proposed

development, in accordance with the provisions of Planning for Bushfire Protection 2006, and examines the

adequacy of the Asset Protection Zones to the Staff Accommodation building and the Defendable Space

requirements to the proposed sheds.

The report also assesses the adequacy of fire-fighting access and water supplies; construction standards of the

buildings, the management of the Asset Protection Zones/Defendable Spaces and evacuation protocols

necessary to address the bushfire risk to the proposed development

The report concluded that:

• There is a low bushfire risk to the development;

• As a precautionary measure a 10-metre-wide managed defendable space has been recommended to

all aspects of the Greenhouses, sheds and Staff Accommodation and existing dwelling;

• Specifications have been provided for the construction of the proposed sheds, Staff Accommodation

buildings and any new work to the existing dwelling and the provision of an access road to the perimeter

of the site;

• The proposed development satisfies the requirements of Section 4.3.5(f) of Planning for Bushfire

Protection 2006; and

• The proposal provides appropriate separation between the hazard and the buildings.

5.5 Traffic and Transport

A Traffic Impact Assessment has been prepared by SYJ Consulting Engineers to determine the relevant traffic

and parking implications associated with the proposed development (refer to Appendix 9).

The report provides an assessment of the proposal in terms of traffic generation, parking requirements, access

& manoeuvrability and schools bus hour traffic management against the relevant planning polices and Australian

Standards.

5.5.1 Parking

A total of 9 car parking spaces are proposed including 3 accessible parking spaces.


DCP Part 7.2 addressed on-site parking rate.

Car parking rates detailed as follows:

The proposal consists of 7 rural worker accommodation rooms, including 5 rooms for full time employees and 2

rooms prepared for seasonal casual staff.

It is recommended that 1 parking space is sufficient for every 2-casual staff.

Thus, the proposed 9 parking spaces including 3 disable parking spaces are sufficient to the proposal.

5.5.2 Site access and manoeuvrability

Access to the site for all vehicles is via the driveway at the southwest corner of the site. Swept path analysis of

the carpark has been undertaken using AutoTrack v10 for an 8.8 m HRV and indicates that the carpark will have

enough space for delivery trucks and B85 vehicles to safely enter/exit and manoeuvre the site.

5.5.3 Conclusion

Traffic Report from SYJ Consulting Engineers dated 18/12/2019 has informed that:

• Existing Armidale Road has a high level of performance and has sufficient capacity to carry the

additional traffic volumes;

• The development will not allow delivery trucks to access the site during school bus hours of 8 am – 9am

and 3 pm – 4 pm on weekdays during the school term;

• The development will therefore have no adverse impact to the local road network’s performance,

volumes, traffic conditions or school bus operations; and

• Swept path analysis of the development’s carpark layout demonstrates that the largest expected design

vehicle (8.8 m HRV delivery truck) and any other B85 vehicle will be able to safely access and manoeuvre

within the site.

The Report also made the following recommendations are provided as part of the traffic and parking strategy

for the proposed development:

• Reduce development traffic hazards to students of Willawarrin Public School by implementing a strict

plan of operational management whereby delivery and service vehicles can only access the site outside

of the school bus hours;


• Provide 6 staff parking spaces and 3 roadside stall visitor parking spaces onsite, one of which shall be a

dedicated disabled access parking space; and

• No offsite traffic management or parking space provisions required.

Taking into consideration the above and the assessment undertaken, it is demonstrated that the development

will have a negligible impact on traffic and transport.

5.6 Flood

A preliminary flood assessment has been provided by Wilson Consulting Engineers.

In accordance with the Kempsey Shire Council Flood Inquiry information, the 1% Annual Exceedance Probability

(AEP) flood level 1 (1 in 100year) at the subject site is RL46.4m AHD.

The associated flood planning level incorporating 500mm freeboard for minimum habitable floor level is 46.9m

AHD.

The existing residence has a ground floor RL 50.75m AHD. The proposed greenhouse area is proposed with a

finished floor level at 48.20m. The other proposed new structures finished floor level are generally at a minimum

of approximately FFL 49.50m AHD. The proposed finished floor levels are over the 1% AEP level.

The proposed development does not affect the 100 ARI floodway zone and complies with the relevant

requirements.

A preliminary flood assessment is provided with DA at Appendix 7.

5.7 Stormwater Management

Stormwater Report forms part of the application, which is prepared by Wilson Consulting Engineers at Appendix

8.

An On-Site Detention (OSD) basin is proposed with a volume of 300m3 to account for the full flow of site for the

100-year storm.

The stormwater systemin includes the collection of stormwater up to the 1% AEP (100 year) by roof gutters,

downpipes and surface water pits. The collected stormwater will be conveyed by channels to the OSD.

Detailed stormwater management plan refers to the Stormwater Report.

The report concluded that:

• The Kempsey Shire Council Engineering Design Specification requirements have been designed to and

met;


• Stormwater for the total site can be managed for 1% AEP event with inground pits and pipes, channels

and detention systems discharging to the existing creek outlet. An OSD storage shall be constructed to

a volume of 300m3;

• Use of existing pond to treat stormwater prior to discharge into creek;

• The project can meet the required water quality targets utilising the existing pond to the north east of

the site;

• Upon review of the stormwater drainage and quality design and in relation to the MUSIC model results,

the risk of nutrient travelling into the creek has been reduced to a negligible state and will remain on-

site for treatment within the ponds; and

• Dredging and maintenance of the ponds of sediment will be necessary every 12 months for full

performance of the system.

5.8 Stormwater Quality

The Stormwater Report prepared by Wilson Consulting Engineers also states that the main predictable risk is the

traversing of nitrates and pesticides overland via stormwater surface flow during rainfall. To reduce this risk of

impacting stormwater quality, Wilson Consulting Engineers have designed the stormwater system including so

that the treatment of the surface flow from all proposed pavement and market planting areas are to wash

through a sediment/water quality pond to allow the nutrients to settle and not be washed away into the Creek

untreated.

The main water quality pond and two smaller ponds are proposed to treat the flow runoff of the site. Upon

review of MUSIC model results, the risk of nutrient travelling into the creek has been reduced to a negligible

state and will remain on-site for treatment within the ponds.

It is also recommended that dredging and maintenance of the ponds of sediment will be necessary every 12

months for full performance of the system.

5.9 Building Code of Australia

An assessment of the proposal against the provisions of the Building Code of Australia (BCA) is included in

Appendix 4. The report identifies the non-compliance matters associated with the proposal in accordance with

the deemed-to-satisfy provisions of the BCA.

The combination of design alterations, additional information and or performance solutions are deemed capable

of achieving BCA compliance.


5.10 Waste Management

A Waste Management Plan (WMP) has been prepared by 2019 by Barker Ryan Stewart at Appendix 10. The plan

details the potential waste estimates and management solutions associated with the proposed development in

line with the specific waste management objectives of the Kempsey Shire Council Development Control Plan

(DCP) 2013 which includes specific waste requirements under Chapter B16.

Waste management during demolition and construction will be provided as part of a construction management

plan included as part of the construction certificate process.

The proposed development will generate a total of 4,520 litres of waste per week. This will comprise of 2,460

litres of general waste, and 2,060 litres of recyclable waste. These rates are estimated to require:

• 10 x 360L bins plus 3 x 240L bins for recyclable waste;

• 11 x 240L bins for general waste;

• A collection frequency of once per fortnight for recyclable waste and once weekly for general waste.

The location of waste storage areas refers to Architectural Plan.

Employees will transfer their general and recycle waste to the bins located in the waste storage areas for both

the residential component and market garden component of the development.

The site manager will be responsible for transferring the bins from the storage area to the Armidale Road

frontage for collection each week for general waste and each fortnight for recycling.

The waste bins will then be collected from Armidale Road by Kempsey Shire Council as per Council’s pick-up

schedule.


6 Other Considerations

6.1 Social and Economic

The proposed development would have positive and appropriate economic and social impacts for its locality and

region, in particular:

• The development would provide at least 6 jobs plus several seasonal casual employment opportunities

in on-going operation. The job created suit the local demographic profile of the Willawarrin area and

would make a real contribution to lowering local unemployment and raising incomes;

• The development would provide a number of jobs during construction;

• The proposal does not require provision of new roads and has a low traffic generation which will not

likely impact on existing road infrastructure;

• The proposal provides vegetable diversity to the local residents, however excludes commercial

activities so that does not impact on the function of existing local village centres;

• The proposed materials and finishes along with the architectural design are of a high quality and

compatible with the quality and character of the local area.

6.2 The Public Interest

The subject site is located in an area that is zoned by Council to allow agricultural developments. The proposed

development will contribute to its local context. The proposed development achieves a land use and built form

character compatible with its position within the RU2 zone.

The proposed development is therefore in the public interest due to the following:

• The proposed development is compatible in its bulk and scale, its materials and finishes and its

architectural form and style with the existing character of the area;

• The proposal shall not give rise to adverse environmental or amenity impacts on the local area;

• The proposed development does not give rise to adverse traffic impacts; and

• The proposed development shall improve the local economic by providing employment opportunities

and provision of vegetable diversity.


For these reasons, the proposal can be seen to fit within the desired local character of the context of the site

while appropriately responding to site opportunities and constraints. The proposed development appropriately

responds to its regional context, noise and odours impacts, transport impact, visual impact, flood and

stormwater management and environmental quality. The proposal has designed appropriately to minimise any

potential impacts. This combined with the quality-built form achieved through the proposal in this part of

Willawarrin, results in a proposal that is in the public interest.

7 Conclusion

The SEE has considered the matters for consideration in accordance with Section 79C of the EP&A Act, which is

summarized as below.

Section 79C considerations

Matters for consideration – general Assessment

(a) the provisions of:

(i) any environmental planning instrument, and

(ii) any proposed instrument that is or has been the subject of public

consultation under this Act and that has been notified to the consent authority

(unless the Secretary has notified the consent authority that the making of the

proposed instrument has been deferred indefinitely or has not been

approved), and

(iii) any development control plan, and

…

that apply to the land to which the development application relates,

This SEE has been prepared

in accordance with the

relevant provisions of

Kempsey LEP 2013,

Kempsey DCP 2013, and

any applicable SEPPs.

The proposal is not the

subject of any proposed or

draft instrument.

(b) the likely impacts of that development, including environmental impacts

on both the natural and built environments, and social and economic impacts

in the locality,

The SEE has considered the

potential impacts of the

proposal and these have

been considered in this

Report.

(c) the suitability of the site for the development, The SEE has considered the

suitability of the proposed

development within the

rural context in which it is

located.


(d) any submissions made in accordance with this Act or the regulations, It is understood that the

SEE and accompanying

information may be

exhibited and we will

respond accordingly to any

public submissions.

(e) the public interest. The public interest under

the proposal has been

considered in this SEE and

given the nature of the

proposed agricultural

development in this

accessible located site. It

represents an orderly and

economic development of

the land in accordance with

its respective zones and its

objectives.

The proposed agricultural development generally complies with all the planning provisions.

Given the merits of development, it is recommended that the Council support the proposal by granting consent

to the application, with appropriate conditions.

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