STATEMENT OF ENVIRONMENTAL EFFECTS - orange.nsw.gov.au

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STATEMENT OF ENVIRONMENTAL EFFECTS Subdivision Development Application (DA) Subdivision of Lot 100 DP1121143 into 13 Torrens Title Lots including public roads, services & storm water drainage. 11 Carwoola Drive, Orange NSW 2800 UNIVERSAL PROPERTY GROUP PTY LIMITED trading as The Bathla Group ABN 98 078 297 748 PO Box 270 Wentworthville NSW 2145 P 02 9636 2465 F 02 9688 4762 [email protected]

Transcript of STATEMENT OF ENVIRONMENTAL EFFECTS - orange.nsw.gov.au

Page 1: STATEMENT OF ENVIRONMENTAL EFFECTS - orange.nsw.gov.au

STATEMENT OF ENVIRONMENTAL EFFECTS

Subdivision Development Application (DA)

Subdivision of Lot 100 DP1121143 into 13 Torrens Title Lots

including public roads, services & storm water drainage.

11 Carwoola Drive, Orange NSW 2800

UNIVERSAL PROPERTY GROUP PTY LIMITED

trading as The Bathla Group

ABN 98 078 297 748 PO Box 270 Wentworthville NSW 2145 P 02 9636 2465 F 02 9688 4762 [email protected]

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Prepared and published by:

Universal Property Group Pty Ltd

PO Box 270

Wentworthville NSW 2145

ABN 98 078 297 748

COPYRIGHT

All rights reserved

© Universal Property Group Pty Ltd

This document is copyrighted and may only be

used by Council for purposes associated with the

subject Development Application (DA) to which

it relates to for the express purposes of the

project, subject of the Statement of

Environmental Effects, and may not be

otherwise copied, reproduced, distributed or

used without the written permission of the

authorised authors/publishers.

DISCLAIMER

While every reasonable effort has been made to

ensure that this document is correct at the time

of printing, it relies of information /

documentation provided by others and

therefore the authors / publishers disclaim any

and all liability done or the consequence of

anything done or omitted to be done in reliance

upon the whole or any part of this document.

22 September 2021

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Contents 1.0 INTRODUCTION ...................................................................................................... 4

2.0 SITE DESCRIPTION .................................................................................................. 5

2.1 Site Location & Context ..................................................................................................... 5

2.2 The Site Geology............................................................................................................... 7

2.3 Public Utility ..................................................................................................................... 7

3.0 DEVELOPMENT PROPOSAL ..................................................................................... 8

4.0 EVALUATION OF ENVIRONMENTAL EFFECTS………………………………………………………… 10

4.1 Provision of any Planning instrument – S4.15(I)(a)(i) ....................................................... 10

4.1.1 Orange LEP 2011 '

4.1.1.1 Clause 1.2 - Aims of Plan 4.1.1.2 Clause 1.6 - Consent Authority 4.1.1.3 Clause 1.7 - Mapping 4.1.1.4 Clause 1.9a - Suspension of Covenants 4.1.1.5 Clause 2.1 - Zoning 4.1.1.6 Clause 2.6 - Subdivision 4.1.1.7 Clause 4.1 - Minimum Lot Size 4.1.1.8 Clause 7.1 - Earthworks 4.1.1.9 Clause 7.3 - Storm Water Management 4.1.1.10 Clause 7.6 - Ground Water Vulnerability 4.1.1.11 Clause 7.11 - Essential Services

4.2 State Environmental Planning Policies– 4.15(I)(a)(i)………………………………………………………….15

4.2.1 SEPP 55 Remediation of Land

4.3 Provision any Draft Environmental Planning Instrument – 4.15(I)(a)(ii)………………… ………..16

4.4 Provisions of any Development Control Plan s4.15(l)(a)(iii)……………………………………………….16

4.4.1 Orange DCP 2004

4.5 Provisions Prescribed by Regulations - s4.15 (I)(a)iv)…………………………………………………………17

4.6 The Likely Impact of Development - s4.15 (I)(b)……………………………………… ………………………..18

4.7 The suitability of the Site- s4.15 (I)(c) ………………………………………………………………………………..19

4.8 Any Submissions - s4.15 (I)(d) ……………………………………………………………………………………………19

4.9 Public Interest- s4.15 (I)(e)…………………………………………………………………………………………………19

6.0 CONCLUSION ........................................................................................................ 20

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1.0 INTRODUCTION

This Statement of Environmental Effects (SEE) is submitted to the Orange City Council in support of a subdivision application (DA) for the subdivision of the Lot 100 DP1121143 into 13 Torrens Title lots with public roads, associated site work and stormwater drainage. The site is known as 11 Carwoola Drive Orange. The proposed 13 Lot subdivision is consistent with the objectives of the R2 Low Density Residential zone pertaining to the site under Orange Local Environmental Plan (LEP) 2011 and fully in accordance with the Orange Development Control Plan. This Statement of Environmental Effects (SEE) will address the proposal in the context of the applicable planning legislation and policy:

• Orange Local Environmental Plan 2011; and

• Orange Development Control Plan. This report provides an assessment of the environmental impacts and identifies the steps to be taken if there are any potential impacts on the environment. This report is to be read in conjunction with the following associated documents and plans prepared as a part of this DA:

• Subdivision Plan prepared by Universal Property Group;

• Survey prepared by Usher & Company;

• Engineering Drawings prepared by Calare Civil Consultant Engineers

• Pavement Design Report prepared by Geotesta Pty Ltd;

• Site Investigation and Contamination report prepared by Geotesta Pty Ltd;

• The Salinity and Geotechnical Assessment report prepared by Geotesta Pty Ltd;

• Arborist Report.

• Completed DA form, Checklists and Owner’s Consent

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2.0 SITE DESCRIPTION

2.1 Site Location & Context

The Subject site is located within the Ploughman Valley Area. The site under investigation is situated at 11, Carwoola Drive, Orange on the western side of Carwoola Drive and is approximately 5 km (by road) west of Orange CBD. The site location is shown in Figure 1. The site is relatively flat with a slope of approximately 5% to the north-east. The site is located within Orange City Council. The site is irregular in shape with an area of approximately 13538m2. The site lies at an elevation of approximately 875 metres above sea level (ASL) referenced to Australian Height Datum (AHD) (http://en-au.topographic-map.com). (See Figure 1 below)

Figure 1: Locality Map (Source: Sixmaps)

Subject Site

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The site is a large residential block with 1 main dwelling and a few secondary sheds

• The boundary has a wire fence.

• Two paddocks form the majority of the land.

• A densely panted house paddock contains the majority of the trees.

• The entire site is proposed for development forming part of the Ploughman’s Valley development precinct.

The surrounding land use is summarised as follows:

• The site is bound by residential properties to the north, east and south

• The site is bound by Carwoola drive to the east and has access to the site from the north direction via Brookfield Way.

Figure 2: Existing Improvements (Source: NearMaps) – Land edged Yellow

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2.2 Site Geology

The geological origin of the soil profile was identified from our visual examination of the soil samples, geotechnical experience, and reference to geological maps of the area. The geological map of the area indicates that the site is underlain by Oakdale formation of Cabonne group consists mafic voicanic sandstone, basalt, siltstone, black shale, breccia, conglomerate. (Orange NSW, Australia 1:100 000, Geological Sheet 8731). Underlying is the Oakdale formation (Oco) comprising of mafic volcanic sandstone, basalt, siltstone, black shale, chert, breccia, and conglomerate. 2.3 Public Utilities

The subject site is located is adequately serviced with existing and or future connections for sewer, water, stormwater and electricity along Carwoola Drive and Brookfield way which is proposed to be extended as part of this application.

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3.0 DEVELOPMENT PROPOSAL

This Development Application seeks development consent for the following proposal as detailed in the subdivision drawings prepared by The Bathla Group Pty Ltd.

The proposal seeks Consent for:

A) The subdivision of the existing Lot 100 DP1121143 into 13 Torrens title residential lots _ net increase of 12 lots

B) Public roads, associated site work, and stormwater drainage.

The following Table 1 depicts the proposed subdivision in detail.

Table 1: Proposed Subdivision Details

Development Statistics

Total Number of Lots (151) Varying lot size from 850m2 to 1200m2

Dedication of Road (1 Road)

Roads 1 18.00m,

The following Table 2 illustrates the proposed total number of lots as per the lot categories defined in Section 2.5 of The DCP.

Table 2: Comparison of Lot standards and proposed lot sizes

Lots Category Size Standards - Proposed Lot Sizes & Numbers % Mix

Standard Lots 850m2 850m2 to 8702m2, 10 Lots in Total 76.9%

Larger Lots 1200m2 plus 1200m2 3 Lots in Total 23.1%

A mix of lots proposed are reflective of the residential zone and DCP standards that apply to the site. The mix and size of the lots meet the specific objectives of the Ploughman Valley Area 3 DCP. The proposed development complies with the objectives for development within Orange Local Environmental Plan 2011. The proposed subdivision is consistent with the design layout depicted in the DCP Area 3 Plan. Further, the adopted lot sizes and typologies are complying with the residential lots categories retaining the existing landscape character of a rural-residential lifestyle. The existing home is to be demolished. Figure 3 showcases the proposed design layout of the site within the DCP. The DCP shows the retention of the existing dwellings (DCP assumption only) and the creation of an additional 8 lots

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Figure 3: Ploughmans Valley Area 3 DCP extract (Source: Orange DCP 2004)

Figure 4: Proposed Subdivision

Subject Site

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4.0 EVALUATION OF ENVIRONMENTAL EFFECTS

Section 4.15 of the Environmental Planning and Assessment Act 1979 contains matters that need to be considered for any development application. Section 4.15 reads:

4.15 Evaluation (1) Matters for consideration—general

In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application— (a) the provisions of—

(i) any environmental planning instrument, 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 Planning 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 (iiia) any planning agreement that has been entered into under section 7.4, or any draft

planning agreement that a developer has offered to enter into under section 7.4, and (iv) the regulations (to the extent that they prescribe matters for the purposes of this

paragraph), (v) (Repealed)

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.

4.1 Provisions of any Environmental Planning Instrument s4.15(1)(a)(i)

The relevant environmental planning instruments and development controls plans for the subject site are:

• Orange Local Environmental Plan 2011; and

• Orange Development Control Plan 2004

• State Environmental Planning Policy (Infrastructure) 2007;

• State Environmental Planning Policy 55 – Remediation of Land 4.1.1 Orange Local Environmental Plan 2011

The Subject site is located within the Orange Local Environmental Plan, specifically, the South Orange Urban Release Area Structure Plan

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4.1.1.1 Clause 1.2 - Aims of Plan

The broad aims of the LEP are set out under Subclause 2. Those relevant to the application are as follows:

(a) to encourage development which complements and enhances the unique character of Orange as a major regional centre boasting a diverse economy and offering an attractive regional lifestyle,

(b) to provide for a range of development opportunities that contribute to the social, economic and

environmental resources of Orange in a way that allows present and future generations to meet their needs by implementing the principles for ecologically sustainable development ……

(e) to provide a range of housing choices in planned urban and rural locations to meet population

growth, (f) to recognise and manage valued environmental heritage, landscape and scenic features of Orange.

The application is considered to be consistent with the aims, as outlined in this report.

4.1.1.2 Clause 1.6 - Consent Authority

This clause establishes that subject to the Act, Council is the consent authority for applications made under the LEP.

4.1.1.3 Clause 1.7 - Mapping

The subject site is identified on the LEP maps in the following manner:

Land zoned: R2 Low Density Residential

Lot Size Map: Minimum Lot Size 850m2 Heritage Map: Not located in a heritage item or conservation area Height of Buildings Map: No building height limit Floor Space Ratio Map: No floor space limit Terrestrial Biodiversity Map: No biodiversity sensitivity on the site Groundwater Vulnerability Map: Groundwater Vulnerable Drinking Water Catchment Map: Not within the drinking water catchment Watercourse Map: Not within or affecting a defined watercourse Urban Release Area Map: Not within an urban release area Obstacle Limitation Surface Map: No restriction on building siting or construction Additional Permitted Uses Map: No additional permitted use applies Flood Planning Map: Not within a flood planning area

Those matters that are of relevance are addressed in detail in the body of this report.

4.1.1.4 Clause 1.9A - Suspension of Covenants/ Agreements and Instruments

This clause provides that covenants/ agreements and other instruments which seek to restrict the carrying out of development do not apply with the following exceptions.

(a) to a covenant imposed by the Council or that the Council requires to be imposed, or

(b) to any relevant instrument under Section 13.4 of the Crown Land Management Act 2016, or

(c) to any conservation agreement under the National Parks and Wildlife Act 1974, or

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(d) to any Trust agreement under the Nature Conservation Trust Act 2001, or

(e) to any property vegetation plan under the Native Vegetation Act 2003, or

(f) to any biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995, or

(g) to any planning agreement under Subdivision 2 of Division 7.1 of the Environmental Planning and

Assessment Act 1979.

The subject property is not affected by any of the foregoing covenants, instruments/agreements or plans.

4.1.1.5 Clause 2.1 - Zoning:

The land is zoned R1 General Residential, R2 Low Density Residential (See Figure 5)

R2 Low Density Residential Zone Objectives:

• To provide for the housing needs of the community within a low-density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

• To ensure development is ordered in such a way as to maximise public transport patronage and encourage walking and cycling in close proximity to settlement.

• To ensure that development along the Southern Link Road has an alternative access.

Based on an assessment of the objectives and permissible development types for ‘R2’, it is considered that the proposed subdivision is a compatible form of land use and will be consistent with the likely future character of the area established by the Ploughmans Valley Development Control Plan 2004.

Figure 5: Zoning

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The proposed development is defined as "subdivision".

Pursuant to Section 6.2 of The Environmental Planning and Assessment Act 1979:

Subdivision of land means “the division of land into two or more parts that, after the division, would be obviously adapted for separate occupation, use or disposition”.

Subdivision of land is permitted with consent pursuant to Clause 2.6 (refer below).

4.1.1.6 Clause 2.6 - Subdivision - Consent Requirements

Clause 2.6 is applicable and states:

(1) Land to which this Plan applies may be subdivided but only with development consent.

Consent is sought for Torrens subdivision of the subject land in accordance with this clause.

4.1.1.7 Clause 4.1 - Minimum Subdivision Lot Size

This clause requires the subdivision of land to be equal to or greater than the size nominated for the land under the Minimum Lot Size Map.

Pursuant to the Lot Size Map the development site is subject to a minimum lot size of 850m2.

The proposal satisfies the minimum lot size requirement of the LEP 2011 and DCP 2004.

4.1.1.8 7.1 - Earthworks

Clause 7.1 is applicable and states in part:

(3) Before granting development consent for earthworks, the consent authority must consider the

following matters:

(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability

in the locality of the development

(b) the effect of the development on the likely future use or redevelopment of the land,

(c) the quality of the fill or the soil to be excavated, or both,

(d) the effect of the development on the existing and likely amenity of adjoining properties,

(e) the source of any fill material and the destination of any excavated material,

(f) the likelihood of disturbing relics,

(g) the proximity to and potential for adverse impacts on any waterway, drinking water catchment

or environmentally sensitive area,

(h) any measures proposed to minimise or mitigate the impacts referred to in paragraph (g).

Earthworks will be required in conjunction with civil and construction works required to create the proposed lots. It is considered that the required earthworks are unlikely to disrupt or have a detrimental effect on the existing drainage patterns and soil stability of the area, nor detrimentally affect a future use or redevelopment of the land, nor detrimentally affect the amenity of adjoining properties/ nor disturb any relics.

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4.1.1.9 7.3 - Stormwater Management

Clause 7.3 is applicable. This clause states in part:

(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

a) is designed to maximise the use of water permeable surfaces on the land having regard to the soil

characteristics affecting onsite infiltration of water, and

b) includes where practical, onsite stormwater retention for use as an alternative supply to mains water,

groundwater or river water, and

c) avoids any significant impacts of stormwater runoff on adjoining downstream properties, native

bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and

mitigates the impact.

Stormwater will need to be piped to existing infrastructure.

4.1.1.10 7.6 - Groundwater Vulnerability

The subject land is identified as Groundwater Vulnerable on the Groundwater Vulnerability Map and Clause 7.6 applies. This clause states in part:

(3) Before determining a development application for development on land to which this clause applies, the consent authority must consider:

(a) whether or not the development (including any onsite storage or disposal of solid

or liquid waste and chemicals) is likely to cause any groundwater contamination or have any adverse effect on groundwater dependent ecosystems, and

In consideration of Clause 7.6, the proposed development is unlikely to cause groundwater contamination or effect groundwater dependent ecosystems. Urban residential subdivision does not involve processes or activities that would impact on groundwater resources. The subject lands will be serviced by reticulated sewer/ as required by conditions of consent.

4.1.1.11 Clause 7.11 - Essential Services

Clause 7.11 is applicable. This clause states:

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required:

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(a) the supply of water (b) the supply of electricity (c) the disposal and management of sewage (d) storm water drainage or onsite conservation (e) suitable road access.

In consideration of this clause the listed utility services are available to the land and adequate for the proposed subdivision.

Conditions are expected to be included in the Notice of Approval requiring extension, augmentation and/or upgrading of urban utility services to the standards required to service the proposed urban lots.

4.2 State Environmental Planning Policies

4.2.1 State Environmental Planning Policy 55 Remediation of Land State Environmental Planning Policy 55 - Remediation of Land (SEPP 55) is applicable and states in part: Clause 7 Contamination and remediation to be considered in determining development application:

(1) A consent authority must not consent to the carrying out of any development on land unless:

(a) it has considered whether the land is contaminated, and (b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state

(or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

In consideration of the requirements of SEPP 55, the subject land has been used for a Table 1 purpose (i.e., agriculture) pursuant to the Contaminated Land Planning Guidelines.

The Site and Investigation & Contamination report has been prepared by Geotesta Pty Ltd on 21sT September 2021 in order to investigate the presence of contamination on the site. The investigation includes a site inspection, soil sampling and analysis program. Based on the results of this PSI and the scope of works conducted the following conclusions can be made:

• The site has been occupied by the residential building and sheds mainly used for agriculture purposes.

• The site condition and the past and current site activities described in this PSI indicate a low to medium potential for contamination of the site soil

• To address the identified AECs and COPCs, a further Site Contamination Investigation (SCI) with limited soil sampling is recommended to determine what, if

any, contamination exists on the site. Whilst there is potential that land may be contaminated due to the agricultural and horticultural use of adjoining parcels.

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The application is supported by a Preliminary Site Investigation which outlines that the area tested is suitable for the proposed residential land-use.

4.3 Provisions of any Draft Planning Instrument s4.15 (1) (a) (ii)

There are no known relevant Draft Environmental Planning Instruments that apply to the subject site or would influence the consideration of the subject application.

4.4 Provisions of any Development Control Plan s4.15 (1) (a) (iii)

4.4.1 Orange Development Control Plan 2004 applies to the subject land.

Chapters of the DCP relevant to the proposed subdivision include:

• Chapter 2 - Natural Resource Management • Chapter 3 - General Considerations • Chapter 4 - Special Environmental Considerations • Chapter 5 - General Considerations for Zones and Development. • Chapter 6 - Rural Development

The relevant matters were considered in the foregoing assessment under Orange LEP 2011.

The proposal will satisfy the relevant planning outcomes and guidelines.

The Development Control Plan advises that:-

1. The allotment layout is generally in accordance with the Conceptual Subdivision Layout at Appendix 16.7. (See Figure 3 within this SEE)

2. Subdivision design and construction complies with the Orange City Development and Subdivision

Code.

3. The allotment layout provides a high standard of residential amenity:

- in Areas 2, 3 and 4, lots have a minimum allotment size of 850m2; ………

4. The allotment layout maximises energy-efficiency principles. Where practicable, lots are rectangular rather than splay shaped and oriented to provide the long axis within the range N200W to N300E or E200N to E300S.

5. Subdivision design retains significant landscape features and minimises disturbance to natural vegetation, landform and overland-flow paths.

6. The road layout comprises a modified grid layout with restrained use of cul-de-sacs, generally in accordance with the Conceptual Subdivision Layout.

7. Future road connections to adjoining land are provided and located generally in accordance with the Conceptual Subdivision Layout.

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8. Lots have direct frontage or access to a public road.

9. Stormwater runoff from the site is consistent with pre-development stormwater patterns.

10. Drainage systems are designed to consider catchment and downstream capacities, on-site

retention and reuse and overland-flow paths.

11. All utility services are provided to the proposed lots.

12. Public open-space linkages are provided across the subdivision. Approximately 1ha of public open spaces for each development area is provided in the form of local parks, drainage paths and creek corridors. Public open space provides opportunities for passive and active recreation.

13. Allotments intended for dual occupancies are identified on development application plans. Dual occupancy lots range in area between 1,200m² and 1,450m².

14. Development proposals shall demonstrate the appropriate retention of existing trees in

order to protect the visual backdrop of the City.

The above provisions which are specific to Area 3 of the Ploughman’s Valley DCP have been extracted as relevant to the subject application.

Conditions are expected to be included in the Notice of Approval requiring compliance with the standards required within Section 7.2 of The DCP 2004 dealing with subdivision.

4.5 Provisions Prescribed by The Regulations s4.15 (1) (a} (iv)

Demolition of a Building (clause 92) No demolition is proposed nor required in this application Fire Safety Considerations (clause 93) The proposed lots are adequately dimensioned to facilitate compliance with the BCA's setbacks from boundaries requirements. Buildings to be Upgraded (clause 94) The proposal does not involve the rebuilding/ alteration/ enlargement or extension of an existing building. BASIX Commitments (clause 97A)

BASIX is not applicable to the proposed development.

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4.6 The Likely Impacts Of The Development s4.15(1)(b)

Setting and Context

The development is consistent with the expectant development pattern of the area, is in keeping with recent urbanisation and is not incongruous with the expected context of the area.

It is not anticipated that the development will create any significant adverse impacts on the neighbourhood amenity.

The proposed lots will be of a size/ shape and slope capable of providing a high standard of residential amenity for future occupants.

Visual impacts

The minimal loss of existing trees will create temporary detrimental impact/ however an extensive tree replanting program and individual dwelling landscaping will negate these impacts in years to come.

Trees have been retained where significant and viable to do so in terms of tree health and allowing reasonable development opportunities for future landowners. The trees are proposed to be retained and will be managed in accordance with the Arborist recommendations.

Traffic and Transport impacts

The development will result in additional traffic in the locality given the increases in residential density at the completion of the subdivision however, the surrounding street networks will be capable of serving the additional traffic load once upgraded as part of this application and future applications.

Roads shall be constructed as full road & half road width for the full frontage of the proposed development in accordance with the DCP and Orange City Development and Subdivision Code.

The work is to include road pavement and pavement surfacing to the centreline/ underground stormwater pipes, kerb and gutter construction and earth-formed footpath on the development side of the road.

Boxing out and pavement construction of the roadway on the opposite side of the development shall also be carried out and all construction works made safe for road users.

The development is considered satisfactory in regards to traffic impacts.

Environmental Impacts

A preliminary study undertaken for the proposed development recommends the site as being suitable for residential development, however further investigation and remediation will be required when and if the existing buildings on the site were to be demolished.

Kerb and guttering will be installed for the full frontage of the development side of the roads/ to ensure appropriate drainage.

Virtually all of the subject land, has long been cleared of native vegetation and has been used intensively for residential purposes.

The subject land is not impaired by the mapping of any ‘Biodiversity Values’ in the ‘Biodiversity Values Map and Threshold Tool’ pursuant to the BCon Act. and

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The proposed development of the subject land is not likely to significantly affect threatened species - pursuant to Section 7.2(1) of the BCon Act. Majority of existing trees are retained on site.

Subject to the conditions of consent and preventative measures undertaken during the construction phase of the development/ the proposal is unlikely to result in any adverse environmental impacts.

Cumulative Impacts

There is an obvious cumulative impact arising from the ongoing urbanisation of the locality as the remaining stocks of rural land are subdivided and developed for residential purposes.

For this site there are also issues relating to land contamination, tree retention and land use conflict that have been elsewhere assessed.

The proposed subdivision is considered to be largely consistent with the expected development pattern and acts as a natural continuation of residential land.

The cumulative impacts of the proposed development have been considered throughout the foregoing report and are considered to be acceptable, with measures to be augmented and perpetuated by acceptable DA conditions.

4.7 The Suitability Of The Site s4.15(l)(c)

The foregoing assessment demonstrates that the subject land is suitable for the proposed development:

• The development site is contained within the Ploughman’s Valley Area 3.

• The proposed subdivision is a permitted land use in the zones.

• The proposed lots are of appropriate area and dimensions for future residential development/ consistent with the Orange DCP 2004 and Road Layout plan.

• All utility services are available & adequate subject to augmentation/ extension and upgrading.

• The local road network is suitable subject to upgrading of existing roads and new roads.

• The land is not subject to known natural hazards.

• The contamination status of the land is below adopted residential land use thresholds.

• The site has no particular environmental values.

• The European and indigenous values of the land will not be impacted.

4.8 Any Submissions made in accordance with The Act s4.15(l1)(d)

The proposed development does not comprise advertised development pursuant to DCP 2004-5.3.

Council may seek to advertise the development for the benefit of the broader community.

4.9 Public Interest s4.15(l)(e)

The proposal is not inconsistent with any relevant policy statements/ planning studies guidelines etc. that have not been considered in this assessment.

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5 CONCLUSION

It is concluded that the proposed Torrens Title residential subdivision at 11 Carwoola Drive, Orange located within the Orange Local Environmental Plan, specifically Orange Urban Release Area “Ploughman’s Valley Area 3” is an appropriate and compatible form of the residential subdivision when assessed against the heads of consideration under S4.15 of the Environmental Planning and Assessment Act 1979. We believe the proposed development satisfies and is generally in accordance with the guidelines and recommendations contained in the Orange Local Environmental Plan 2011 and Orange Development Control Plan 2004. Based on the above proposal and the development plans submitted, it is requested that Orange City Council

approve the proposed development.

Universal Property Group

22nd September 2021