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B: 1
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing at 6.00pm.
ELECTION OF MAYOR AND DEPUTY MAYOR
Craig Deasey 1. ELECTION OF MAYOR AND DEPUTY MAYOR
EF08/602
Précis:
Reporting on the election of a Mayor by the Councillors.
**********
The following is presented as a general overview of the
procedural matters relating to the election of Mayor and Deputy
Mayor which I believe will assist Councillors in their
deliberations. Councillors with any queries in relation to the
procedures can contact me at any time for a clarification.
(a) Election of Mayor
Section 227 of the Local Government Act 1993 states:
"The Mayor of an area is the person elected to the office of
Mayor by the Councillors from among their number."
The Mayor so elected holds office for one year.
(b) Election of Deputy Mayor
Section 231 of the Act provides that:
"1. The Councillors may elect a person from among their number
to be the Deputy Mayor.
2. The person may be elected for the Mayoral term or a shorter
term.
3. The Deputy Mayor may exercise any function of the Mayor at
the request ofthe Mayor or if the Mayor is prevented by illness,
absence or otherwise fromexercising a function or if there is a
casual vacancy in the office of Mayor.
4. The Councillors may elect a person from among their number to
act as DeputyMayor if the Deputy Mayor is prevented by illness,
absence or otherwise fromexercising a function under this section,
or if no Deputy Mayor has beenelected."
(c) Method of Election of Mayor and Deputy Mayor
The requirements for the method of election of the Mayor and
Deputy Mayor are set out under Sections 282 and 290 of the Local
Government Act, 1993 and Schedule 7 of the Local Government
(General) Regulation 2005. The legislation provides as follows:
Returning Officer
1. The General Manager is the Returning Officer.
REPORTS BY DEPARTMENT REQUIRING RESOLUTION BY COUNCIL
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B: 2
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing at 6.00pm.
Nomination 2. (1) A Councillor may be nominated without notice
for election as Mayor or Deputy
Mayor.
(2) The nomination is to be made in writing by two or more
Councillors (one of whom may be the nominee). The nomination is not
valid unless the nominee has indicated consent to the nomination in
writing.
(3) The nomination is to be delivered or sent to the Returning
Officer.
(4) The Returning Officer is to announce the names of the
nominees at the Council meeting at which the election is to be
held.
Election
3. (1) If only one Councillor is nominated, that Councillor is
elected.
(2) If more than one Councillor is nominated, the Council is to
resolve whether the election is to proceed by preferential ballot,
by ordinary ballot or by open voting.
(3) The election is to be held at the Council meeting at which
the Council resolves on the method of voting.
(4) In this clause:
ballot has its normal meaning of secret ballot;
open voting means voting by a show of hands or similar
means.
Points to note here are:
The General Manager is the Returning Officer.
Nominations must be made in writing by two or more Councillors,
one of which may be the nominee. The nominee must indicate consent
to the nomination in writing. To assist in the nomination process I
have prepared nomination forms for the positions of Mayor and
Deputy Mayor, both of which are included with the Business Paper.
Completed nomination forms may be delivered to me before the
meeting or just prior to the commencement of the meeting.
No particular method of voting is specified but Council may
choose between - ordinary ballot, preferential ballot, or open
voting.
(d) Destruction of Ballot Papers
At the conclusion of the elections it will be necessary to
authorise the Returning Officer to destroy any ballot papers.
RECOMMENDATION 1. Election of Mayor
2. Election of Deputy Mayor – Pursuant to Section 231(2) of the
Act the period of appointment for the Deputy Mayor be equivalent to
that of the Mayor.
3. Method of Election - That the method of election for both (or
either) the Mayor and Deputy Mayor be by open voting. (Note:
Depending on the necessity to conduct a ballot).
4. Destruction of Ballot Papers (if necessary) - That the
General Manager be authorised to destroy all ballot papers used in
the election process.
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B: 3
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing at 6.00pm.
Craig Deasey 2. FIXING MEETING DATES AND TIMES EF08/603 Précis:
Reporting on the fixing of Council meeting dates and times.
********** Section 367 of the Local Government Act provides that
the General Manager must send to each Councillor, at least three
(3) days before each meeting of Council, a notice specifying the
time, place and date of the meeting and the business proposed to be
transacted. It is to be noted that Council's current practice is
for five (5) days notice to be given. Notice of less than three (3)
days may be given for an Extraordinary Meeting called in an
emergency. Section 365 states that "Council is required to meet at
least 10 times each year, each time in a different month". It is
the policy of Council not to meet in January having regard to the
Christmas - New Year holiday season and the general closedown of
NSW Government agencies, contractors, builders and other suppliers.
The matter of setting meeting dates and times is at the discretion
of the Council and therefore Council may by resolution fix the
timing of its Ordinary Meetings. IMPLICATIONS Financial The
financial implications with respect to setting and holding of
Council meetings is covered within the existing budget. Statutory
Council is required under Section 365 of the Local Government Act
1993 to meet at least 10 times a year, each time in a different
month. Community The community are advised of all adopted Council
meeting dates. Other There are no consultative or environmental
implications from this report. RECOMMENDATION 1. That the Ordinary
meetings of Council be held on the third Tuesday of each month
commencing at 6.00pm with the exception of January provided that
the day of any Ordinary Meeting may for good and sufficient reason
be altered by resolution of Council at any preceding Ordinary
Meeting.
2. That in accordance with Section 367 of the Local Government
Act 1993 and Council's
Code of Meeting Practice five (5) day's notice be given for
Ordinary, Extraordinary and Committee meetings provided that in an
emergency the Mayor or General Manager be authorised to call an
Extraordinary Meeting by telephone giving 48 hours notice.
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B: 4
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing at 6.00pm.
Craig Deasey 3. DETERMINATION OF COUNCIL COMMITTEES EF08/604
Précis: Reporting on the Determination of Council
Committees.
********** The Council may appoint or elect such Standing or
Special Committees as it may consider necessary. The following
Committees of Council are currently in operation. * Denotes that
the Committee is a requirement of legislation.
COMMITTEE NAME CURRENT MEMBERS * Traffic & Road Safety The
Mayor (Johnston) and One Councillor
(Bale) (alternate) and Executive Manager – Infrastructure &
Assets.
* Local Emergency Management One Councillor (McKenzie),
Executive Manager Infrastructure Assets & General Manager.
Access The Mayor (Johnston) and Two Councillors (Bowden,
Norman), Six community representatives & the Executive Manager
Corporate Services.
Pilchers Reserve Committee One Councillor (Norman) and One
Councillor (Bowden) (alternate), six community representatives.
Community Artworks Advisory Committee Two Councillors (Bowden,
Booth), one staff member, four Community Representatives.
General Managers Performance Review Committee
Mayor (Johnston) and three Councillors (Booth, McKenzie, Wall)
and LGNSW Officer.
Tourism Advisory Committee The Mayor (Johnston) and Two
Councillors (Farrow, Knudsen), Economic Development & Tourism
Coordinator and Tourism Officer.
Local Noxious Weeds Advisory Committee One Councillor (Bowden),
Manager Environmental Services and Six Community Members
Australia Day Committee The Mayor (Johnston), One "A" Ward
Councillor, One “B” Ward Councillor & One “C” Ward Councillor
and up to four community representatives.
IMPLICATIONS Financial There are no direct costs involved in
appointing the Committees. Statutory In accordance with the Local
Government Act 1993 Council may establish various Committees to
assist the Council in the exercise of their functions.
Environmental There are no environmental implications from this
report.
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B: 5
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing at 6.00pm.
Community A number of the Committees listed have community
representatives. Consultative Consultation with the committees is
undertaken when and as required. RECOMMENDATION That the above
mentioned list of Committees be adopted and delegates be appointed
to the various Committees.
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B: 6
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing at 6.00pm.
Craig Deasey 4. APPOINTMENT OF COUNCILLORS TO OUTSIDE
ORGANISATIONS OPERATING UNDER DELEGATED AUTHORITY FROM COUNCIL
EF08/608 Précis: Reporting on the Appointment of Council Delegates
to Outside Organisations.
********** Council has delegates appointed to various
committees, associations and statutory bodies as listed below:
ORGANISATION CURRENT DELEGATES Shire Facilities James Theatre
Community Centre Committee
One "A" Ward Councillor (Farrow).
School of Arts Committees Clarence Town Gresford Paterson Vacy
Martins Creek
One "B" Ward Councillor (McKenzie). One "C" Ward Councillor
(Booth). One "C" Ward Councillor (Booth). One "C" Ward Councillor
(Bowden). One "B" Ward Councillor (Johnston).
Dungog Showground and Recreation Reserve Committee
One “A” Ward Councillor (Norman).
Paterson Sportsground Committee One "C" Ward Councillor (Booth).
Gresford Sporting Complex Committee One "C" Ward Councillor
(Vacant). Vacy Sportsground Committee. One "C" Ward Councillor
(Wall). Alison Court Units Management Committee One "A" Ward
Councillor (Bale), One “B”
Ward Councillor (Johnston) & One “C” Ward Councillor
(Booth).
IMPLICATIONS Financial Costs associated with the adoption of
this report as covered within the existing budget. Statutory In
accordance with the Local Government Act 1993 Council has an
obligation to be represented on these committees. Environmental
There are no environmental implications from this report.
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B: 7
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing at 6.00pm.
Community A number of the Committees listed have community
representatives. Consultative Consultation with the committees is
undertaken when and as required. RECOMMENDATION The above mentioned
list of Committees be adopted and delegates be appointed to the
various Committees and Associations.
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B: 8
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing at 6.00pm.
Craig Deasey 5. APPOINTMENT OF COUNCIL DELEGATES TO OUTSIDE
ORGANISATIONS EF08/605 Précis: Reporting on the Appointment of
Council Delegates to Outside Organisations.
********** Council has delegates appointed to various
committees, associations and statutory bodies as listed below:
ORGANISATION CURRENT DELEGATES Local Government NSW The Mayor
(Johnston). Hunter Councils Inc The Mayor (Johnston) Strategic
Services Australia General Manager Newcastle Regional Joint Library
Committee One Councillor (Norman) and Executive
Manager Corporate Services, General Manager (alternate).
Mid North Weight of Loads Group The Mayor (Johnston) and one
Councillor (McKenzie) (alternate).
Williams River Floodplain Management Committee
One Councillor (Norman) and Executive Manager Infrastructure
& Assets, Manager Planning, a representative of Port Stephens
Council and Government Agencies.
Upper Williams River / Clarence Town Floodplain Management
Committee
One Councillor (Norman), Manager Environmental Services and 4
Community Representatives.
Dungog Shire Health Services Forum General Manager, Community
Project Officer and three Councillors (Norman, Johnston,
Bowden).
Lower Hunter Bush Fire Management Committee
One Councillor (Wall) and Executive Manager Infrastructure &
Assets
Zone Bushfire Liaison Committee One Councillor (Wall) and
Executive Manager Infrastructure & Assets
Upper Hunter Arts Advisory Committee One Councillor (Booth) and
One Councillor (Knudsen) (Alternate).
Hunter Water Consultative Forum The Mayor (Johnston) and One
Councillor (Norman) (Alternate).
Dungog & District Liquor Accord The Mayor (Johnston) and One
Councillor (Farrow) and General Manager.
NSW Police – Port Stephens Local Area Command Crime Prevention
Partnership Committee
The Mayor (Johnston) and General Manager.
NSW Police – Central Hunter Local Area Command Crime Prevention
Partnership Committee
The Mayor (Johnston) and One Councillor (Booth)
Destiny Haven Community Review Board The Mayor (Johnston) and
One Councillor (McKenzie)
Joint Regional Planning Panel Councillors Johnston and Wall.
Gloucester Coal Seam Gas Community Consultative Committee
One Councillor (McKenzie) and Manager Environmental
Services.
Hunter Local Land Services One Councillor (Bowden) and One
Councillor (alternate)(Norman).
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B: 9
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing at 6.00pm.
IMPLICATIONS Financial Costs associated with the adoption of
this report as covered within the existing budget. Statutory In
accordance with the Local Government Act 1993 Council has an
obligation to be represented on these committees. Environmental
There are no environmental implications from this report. Community
A number of the Committees listed have community representatives.
Consultative Consultation with the committees is undertaken when
and as required. RECOMMENDATION The above mentioned list of
Committees be adopted and delegates be appointed to the various
Committees and Associations.
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B: 10
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing at 6.00pm.
GENERAL MANAGER
Craig Deasey 1. LGNSW ANNUAL CONFERENCE EF07/34 Precis:
Reporting on the annual conference of Local Government NSW.
************* Councillors the annual conference for Local
Government NSW is scheduled to run from Sunday 16 October 2016
until Tuesday 18 October 2016 in Wollongong. The conference is the
annual policy-making event for all Councils in NSW a copy of the
program is included with the Councillors business papers. At this
stage no registrations have been made on behalf of Dungog Shire
Council in view of the impending mergers. However as the Council is
still in existence at this stage, there is a need to ascertain as
to whether there is any interest from Councillors as regards
attending the conference or not. The Sunday afternoon sessions
provide the opportunity for Councillors to attend one of three
different training sessions being facilitated by LGNSW. Two
briefing sessions are being conducted over the term of the
conference for Council General Managers. IMPLICATIONS Financial
Registration fees for the conference are $999 plus accommodation
and travel costs. If bookings are cancelled prior to 30 September
2016 they charge an administration fee of $110, per booking. The
Councils budget did make provision for attendance at the
conference. Consultative The annual conference provides the
opportunity for Councillors to network with their fellow peers from
across NSW. OFFICERS RECOMMENDATION That Council determine as to
whether the Council should be attending the LGNSW conference and
appoint delegates to represent the Council.
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B: 11
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing at 6.00pm.
Craig Deasey 2. CLOSED COUNCIL Précis: Report referring matters
to Closed Council.
********** In accordance with the Local Government Act 1993 and
the Local Government General Regulation 2005, in the opinion of the
General Manager, the following business is of a kind as referred to
in Sec 10A(2) of the Act, and should be dealt with in a part of the
meeting closed to the media and public. Set out below is Section
10A(2) of the Local Government Act 1993 in relation to matters
which can be dealt with in the closed part of a meeting. The
matters and information are the following:
(a) personnel matters concerning particular individuals (other
than Councillors) (b) the personal hardship of any resident or
ratepayer (c) information that would, if disclosed, confer a
commercial advantage on a person
with whom the Council is conducting (or proposes to conduct)
business (d) commercial information of a confidential nature that
would if disclosed:
(i) prejudice the commercial position of the person who supplied
it, or (ii) confer a commercial advantage on a competitor of the
Council, or (iii) reveal a trade secret
(e) information that would, if disclosed, prejudice the
maintenance of law (f) matters affecting the security of the
Council, Councillors, Council staff or
Council property (g) advice concerning litigation, or advice
that would otherwise be privileged from
production in legal proceedings on the grounds of legal
professional privilege (h) information concerning the nature and
location of a place or an item of
Aboriginal significance on community land. GENERAL MANAGER 1.
COMMON ROAD – SALE OF LAND This item is classified CONFIDENTIAL
under Sec 10A (2)(a) of the Local Government Act 1993, which
permits the meeting to be closed to the public for business
relating to the following: (c) information that would, if
disclosed, confer a commercial advantage on a person with whom the
Council is conducting (or proposes to conduct) business This matter
is classified confidential because it contains information that
would, if disclosed, confer a commercial advantage on a person with
whom the Council is conducting (or proposes to conduct) business
IMPLICATIONS Legislative The matters are referred to in the context
of Sec 10A(2) of the Local Government Act 1993.
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B: 12
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing at 6.00pm.
Consultative Members of the public are invited to make
representations to the Council meeting before any part of the
meeting is closed, as to whether that part of the meeting should be
closed. OFFICERS RECOMMENDATION 1. That Council resolve into Closed
Council to consider business identified, together
with any late reports tabled at the meeting. 2. That pursuant to
section 10A (1)-(3) of the Local Government Act 1993, the media
and public be excluded from the meeting on the basis that the
business to be considered is classified as confidential under the
provisions of Sec 10A(2) as outlined above.
3. That correspondence and reports relevant to the subject
business be withheld from
access to the media and public as required by Sec 11(2) of the
Local Government Act 1993.
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B: 13
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
PLANNING DEPARTMENT MANAGERS REPORT
Kristy Cousins 1. WN GRAY – SECTION 96 MODIFICATION OF CONSENT -
33 GLENBURN ROAD,
PATERSON DA 63/2014 Development Application No. 63/2014 (Section
96 Modification) Owner: WN & DN Gray Applicant: WN Gray Land:
Lot 51 DP 1147254, 33 Glenburn Road,
Paterson Current Zone: R5 Large Lot Residential Area: Approx 293
ha Proposal: Approved Three Lot Subdivision Précis: An application
has been received under Section 96(1A) of the Environmental
Planning and Assessment Act 1979 (EP&A Act) to modify
Development Consent No 63/2014 for a three lot subdivision at Lot
51 DP 1147254, No 33 Glenburn Road, Paterson. BACKGROUND
Development Application 63/2014 for a three lot subdivision was
approved subject to conditions of consent at the October 2014
Ordinary Meeting of Council. A Section 96 application requesting an
amendment to the condition of consent requiring an upgrade of
Glenburn Road was refused by Council at the February 2015 Ordinary
Meeting of Council. In accordance with Section 96(1A) of the
Environmental Planning & Assessment Act 1979 the applicant
lodged a modification of consent application to amend the access
location for proposed Lot 511 from via a right of way off Keppies
Road to gaining access via Glenburn Road. During the assessment
process the applicant discussed the possibility of amending the lot
layout as well. An amended plan dated 29 July 2016 was received
from the applicant, which is the subject of the following
assessment. SUBJECT SITE The subject land comprises an irregular
shaped allotment of approximately 5.83 hectares in area, located
along the north western side of Glenburn Road. The site has a
frontage of 135.69m to Glenburn Road. The site also benefits from a
10m wide right of carriageway off Keppies Road providing access to
the northern section of this lot. The site slopes gently in a north
westerly direction away from Glenburn Road. Two watercourses (i.e.
Order 1 and 2) traverse the property draining in a westerly
direction. The site has been largely cleared of natural regrowth
vegetation particularly along its western boundary, although some
of this regrowth vegetation has been retained adjacent to the
western fence line of the property. Pockets of native vegetation
remain along the two
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B: 14
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
existing watercourses that traverse the site towards the
northern section of the site with some existing trees being
retained along the Glenburn Road frontage of the site. An existing
dwelling is located within the south eastern corner of the site
with vehicular access being available and used to the property off
Glenburn Road at the southern end of the property. The surrounding
locality is described as being of large lot residential character
with dwellings occupying most surrounding lots. A locality plan is
provided in Figure 1 below.
Figure 1: Subject Site – Lot 51 DP 1147254 No. 33 Glenburn Road
APPROVAL Approval was granted to subdivide the subject land into
three (3) lots as detailed in the table below:
Lot No. Area (ha) Dimensions (m) 510 2.39 115.58/179.39 x
119.82/237.63 511 2.18 180/307.54 x 70.11/121.03 512 1.26
167.17/128.9 x 51.18/119.82
Vehicular access to proposed Lots 510 and 512 will be available
directly from Glenburn Road and it was intended to use an existing
10m wide right of carriageway over Lot 641 from Keppies Road to
access proposed Lot 511. The existing dwelling on site will be
retained upon proposed Lot 510 and dwelling envelopes and effluent
disposal areas have been designated for proposed Lots 510 and 511.
Access to the building envelope of proposed Lot 511 will also
involve provision of vehicular crossings over the two existing
watercourses on site. Some clearing of the site would have been
necessary for creation of vehicular access over these existing
watercourses only to proposed Lot 511. Building envelopes have been
positioned upon cleared areas of the site. A copy of the approved
plan can be viewed in Annexure ‘A’ (B:36).
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B: 36
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
ANNEXURE ‘A’ TO ITEM NO. 1 – MANAGER PLANNING’S REPORT
lbrighton.dunFile AttachmentMP 1 A.pdf
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B: 15
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
PROPOSED MODIFICATION It is proposed to amend the lot layout as
follows:
Lot No. Area (ha) 510 2.477 With existing dwelling house. The
allotment is
now proposed to be a more regular shape with the northern
boundary following the power line easement.
511 2.118 Vacant land with a battle axe handle off Glenburn
Road. The nominated building envelope has been identified in a
cleared area between the first and second order stream located
within this proposed allotment.
512 1.239 Vacant land with access directly off Glenburn
Road.
A copy of the proposed modified plan can be viewed in Annexure
‘B’ (B:37). Applicant’s request: The applicant identified that
there has been an issue with gaining approval for upgrade works
required within the right of carriageway off Keppies Road. To
overcome this issue, it is now proposed that all three allotments
will gain access via Glenburn Road. The applicant contends that the
relocation of the building envelope on proposed Lot 511
dramatically improves the amenity for dwellings on lots 510, 511
& 512 as they will no longer look over each other. It will also
place the building envelope away from the neighbouring property to
the west. The effluent disposal area have been changed and
consolidated to reflect the requirements for sub soil irrigation.
Planner’s comment: The proposed lot sizes are similar to the
original approval; however the proposed lot layout is somewhat
different. The building envelope for proposed Lot 511 has been
moved away from the western boundary and is now located closer to
the north-eastern boundary of the subject land in between the two
watercourses. The new location will provide more privacy between
the proposed allotments and neighbouring property to the west. The
access to proposed Lot 511 will now be via Glenburn Road rather
than Keppies Road, which will eliminate the need to cross one of
the watercourses to access the building envelope. Some concern was
raised regarding compliance with the on site sewerage development
assessment framework relation to effluent disposal buffers to the
two watercourses. The property is identified as a very high hazard
lot with the property draining to the Paterson River. However
Councils Environmental Services Department is satisfied that
suitable effluent disposal can be achieved on the proposed
allotments. This is discussed in further detail later within the
report. Section 96(1A) Assessment: Section 96(1A) Modifications
involving minimal environmental impact. A consent authority may, on
application being made by the applicant or any other person
entitled to act on a consent granted by the consent authority and
subject to and in accordance with the regulations, modify the
consent if:
(a) it is satisfied that the proposed modification is of minimal
environmental impact, and Comment: The applicant has demonstrated
that the proposed new lot configuration, building envelopes and
effluent disposal can comply with the current standards and
requirements. The new access location to proposed lot 511 from
Glenburn Road will means that one less watercourse crossing is
needed to reach the building envelope. Council is satisfied that
the proposed modification is of minimal environmental impact.
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B: 37
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
ANNEXURE ‘B’ TO ITEM NO. 1 – MANAGER PLANNNG’S REPORT
lbrighton.dunFile AttachmentMP 1 B.pdf
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B: 16
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
(b) it is satisfied that the development to which the consent as
modified relates is substantially the same development as the
development for which the consent was originally granted and before
that consent as originally granted was modified (if at all),
and
Comment: Whilst the lot layout has been amended, it is still a
three lot subdivision with relatively similar sized allotments.
Council is satisfied that the proposed modification is essentially
the same development.
(c) it has notified the application in accordance with: (i) the
regulations, if the regulations so require, or (ii) a development
control plan, if the consent authority is a council that has made a
development control plan that requires the notification or
advertising of applications for modification of a development
consent, and
Comment: The proposed modification was placed on public
exhibition and neighbour notified in accordance with Council
policy.
(d) it has considered any submissions made concerning the
proposed modification within any period prescribed by the
regulations or provided by the development control plan, as the
case may be.
Subsections (1), (2) and (5) do not apply to such a
modification. Comment: One submission was received during the
exhibition period in support of the proposed amendments. The
proposed modification is considered to satisfy the above
requirements of Section 96(1A). Section 96(3) – In determining an
application for modification of a consent under this section, the
consent authority must take into consideration such of the matters
referred to in section 79C (1) as are of relevance to the
development the subject of the application. The proposed
modification has been assessed under the relevant heads of
consideration listed in Section 79C(1) (Annexure ‘C’ (B:38)) of the
Environmental Planning and Assessment Act 1979 as follows: a) The
provisions of:
(i) any environmental planning instrument; State Environmental
Planning Policy The proposed modification is not inconsistent with
the relevant SEPP’s. Dungog Local Environmental Plan 2014 The
Development Application was approved under the provisions of the
Dungog LEP 2014, with the proposal being permissible in accordance
with Clause 2.6 and Clause 4.1 Minimum lot size permits subdivision
of this land into 8000m2 lots. The modified lot layout still
complies with the LEP provisions and is consistent with the
objectives of the zone. (ii) any proposed instrument that is or has
been the subject of public consultation under this Act and that has
been notified to the consent authority (unless the Director-General
has notified the consent authority that the making of the proposed
instrument has been deferred indefinitely or has not been
approved), There are no proposed instruments for the subject
site.
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B: 38
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
ANNEXURE ‘C’ TO ITEM NO. 1 – MANAGER PLANNING’S REPORT
CONSIDERATION UNDER SECTION 79C The following assessment is
based on the matters listed for consideration under Section 79C(1)
of the Environmental Planning and Assessment Act, 1979. a) The
provisions of:
(i) any environmental planning instrument;
State Environmental Planning Policy No. 44 – Koala Habitat
Protection 1. This policy aims to encourage the
proper conservation and management of areas of natural
vegetation that provide habitat for Koalas to ensure a permanent
free-living population over their present range and reverse the
current trend of Koala population decline: a) by requiring the
preparation of
plans of management before development consent can be granted in
relation to areas of core koala habitat, and
b) by encouraging the identification of areas of core koala
habitat, and
c) by encouraging the inclusion of areas of core koala habitat
in environment protection zones.
Schedule 1 of the policy lists a number of local government
areas in which this policy applies. Dungog LGA is included in the
Schedule. Therefore the proposal constitutes a development to which
SEPP 44 applies.
According to the policy, before granting consent to an
application to carry out development on land to which the policy
applies, Council must satisfy itself whether or not the land is a
potential or core Koala habitat. ‘Potential Koala habitat’ is
defined as areas of native vegetation where the trees listed in
schedule 2 of SEPP 44 ‘constitute at least 15% of the total number
of trees in the upper and lower strata of the tree component’. If
the site is found to contain potential koala habitat, further
investigation for the presence of ‘core Koala habitat’ should be
undertaken and if this habitat is found to be present, a detailed
Plan of Management should be prepared. A Flora and Fauna Assessment
Report was prepared by WN & GM Gray for the original
development application. This report states that all native trees
and understorey species will be retained where feasible and that no
endangered ecological communities or flora has been recorded in
this area. The existing vegetation on site is not considered to be
core koala habitat and therefore no further investigations are
necessary.
State Environmental Planning Policy (Rural Lands) 2008 1. This
policy aims to facilitate the orderly
and economic use and development of rural lands for rural and
related purposes. The policy identifies Rural Planning Principles
and Rural Subdivision Principles, so as to assist in the proper
management, development and protection of rural lands for the
purpose of promoting the social, economic and environmental welfare
of the State.
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B: 39
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
Clause 10 applies to land in a rural zone, a rural residential
zone or an environmental protection zone and sets out the matters
to be taken into account in determining development applications
for rural subdivisions or rural dwellings, as follows:
a) the existing uses and approved
uses of land in the vicinity of the development,
b) whether or not the development is
likely to have a significant impact on land uses that, in the
opinion of the consent authority, are likely to be preferred and
the predominant land uses in the vicinity of the development,
c) whether or not the development is
likely to be incompatible with a use referred to in paragraph
(a) or (b),
d) if the land is not situated within a
rural residential zone, whether or not the development is likely
to be incompatible with a use on land within an adjoining rural
residential zone,
e) any measures proposed by the
applicant to avoid or minimise any incompatibility referred to
in paragraph (c) or (d).
The subject property is currently used for rural residential
purposes with surrounding properties also being used for this
purpose. Much of the subject site has been cleared of native
regrowth vegetation except for small corridors along the existing
watercourses and western boundary fence. The proposed subdivision
and subsequent development of the subject land for large lot
residential purposes is not likely to have an adverse impact on the
biodiversity values of the subject or adjoining properties given
that the site is largely cleared of native vegetation and only
minor clearing is necessary for the provision of a vehicular access
way over existing watercourses. The proposed subdivision and
subsequent development of the subject land for large lot
residential purposes is considered to be compatible with the
existing and preferred use of land in the vicinity of this site.
Not Applicable Nil.
Dungog Local Environmental Plan 2014 1. The site is zoned R5
Large Lot
Residential under DLEP 2014.
2. Clause 2.3 - Zone objectives and Land Use Table
The proposed subdivision satisfies the objectives of the R5 Zone
as follows:
the subdivision will provide for additional housing within a
large lot residential precinct whilst preserving the existing
character of this rural/residential area;
the subdivision will not hinder orderly development of urban
areas as this precinct is not intended for urban purposes;
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B: 40
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
the subdivision is not likely to unreasonably increase demand
for public services and facilities;
Minimal, if any conflicts will result with any adjoining zones
or land uses;
This precinct is not currently or will be used in the future for
intensive agriculture purposes given the size of adjoining lots and
its close vicinity to Paterson.
3. Clause 2.6 - Subdivision—consent requirements
Consent is being sought for subdivision of this land.
4. Clause 4.1 - Minimum subdivision lot size
The min lot size for this site is 8000m2. All the proposed lots
are greater than this min requirement.
(iii) any draft environmental planning instrument that is or has
been placed on
public exhibition and details of which have been notified to the
consent authority;
There are no draft environmental planning instruments applying
to this land or development proposal.
(iii) any development control plan;
Dungog Development Control Plan No. 1
1. Part C, Section 3 of DCP No. 1 sets out the general
requirements for building line setbacks in the Rural Lifestyle 1(1)
zone. Buildings are required to be set back 50m from any other
public road. In addition, buildings must be set back at least 10m
from side and rear property boundaries.
The proposed building envelopes satisfy these setback
requirements, however the existing dwelling upon proposed Lot 510
is setback only 40m from Glenburn Road. As this dwelling already
occupies the land, a 10m variation is considered to be acceptable
in this case as Council approved the positioning of this dwelling
in early 2013.
2. Part C, Section 5 of the DCP outlines requirements in respect
of applications to carry out development on bushfire prone
land.
According to Council’s Bushfire Prone Land map, the site is
mapped as bushfire prone land.
The original bushfire threat assessment recommended a 20m APZ
for future dwelling on the site. The APZ for proposed Lot 511 will
need to be located within the building envelope to ensure that it
does not encroach on the riparian corridor.
The RFS have issued a Bushfire Safety Authority for the proposed
subdivision under section 100B of the Rural Fires Act 1997.
4. Part C, Section 16 of the DCP requires applicants to consider
the potential impacts of the development on biodiversity.
The building envelopes have been designated for each proposed
vacant lot, within the cleared areas of each lot to avoid any
further vegetation clearing.
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B: 41
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
5. Part D, Section 5 of the DCP contains the Paterson Local Area
Plan (LAP), which sets out locality based performance criteria and
controls which are designed to address key issues and achieve the
desired future character of land within the various planning
precincts.
The subject land is contained within Planning Area B3.
The Paterson LAP identifies the subject land as “well suited” to
development being drained by a small creek system with the lot
being above the 1:100 flood event.
The LAP however states: Access to Glenburn Road for any new
development is not supported. Keppies Road will require upgrading
and sealing to accommodate any new development.
Council previously approved the creation of one additional
allotment with access via Glenburn Road. The amended proposal will
result in all three proposed allotment gaining access via Glenburn
Road.
The applicant has already undertaken the works to upgrade
Glenburn Road to a 6m wide formation. It is considered satisfactory
for the one additional lot to gain access from this road in its
current standard.
As detailed in the original assessment, consideration needs to
be given to reviewing the provisions within the LAP in accordance
with the current subdivision pattern and Dungog LEP 2014.
(iiia) any planning agreement that has been entered into under
section 93F, or any
draft planning agreement that a developer has offered to enter
into under section 93F;
There are no planning agreements or draft planning agreements
applying to the land.
(v) the regulations (to the extent that they prescribe matters
for the purposes of this paragraph);
Not applicable.
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B: 42
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
c) The likely impacts of that development, including
environmental impacts on both the natural and built environments,
and social and economic impacts in the locality,
The likely impacts of the three lot subdivision were considered
during the original assessment of the application. The potential
impacts from the modified development have been considered in the
main body of this report.
d) The suitability of the site for the development, For the
reasons discussed in the body of this report, the subject land is
considered suitable for the development.
e) Any submissions made in accordance with the Act or the
regulations, One (1) submission was received by Council during the
exhibition period in support of the proposed amendments to the
development.
f) The public interest. The proposed subdivision is considered
to be in the wider public interest.
lbrighton.dunFile AttachmentMP 1 C.pdf
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B: 17
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
(iii) any development control plan; Dungog Development Control
Plan No.1 (DCP No.1) complements Dungog LEP 2014 and sets out
Council’s policies in respect of certain types of development
within the Shire, together with detailed guidelines intended to
assist in achieving the aims and objectives of Dungog LEP 2014. The
following is an extract from the original assessment of the
application in accordance with the relevant sections of DCP No.1.
Additional detail has been included below in relation to the
modified proposal where relevant: Section 3.1 and 3.2 The modified
building envelopes for proposed Lots 511 & 512 comply with the
required setbacks. It is noted that the building envelope for
proposed lot 511 is an irregular shape located 20m from the first
and second order stream. The 20m buffer is consistent with the
riparian land requirements Department of Primary Industries- Water.
Section 5 – Bushfire The 20m APZ for proposed Lot 511 will need to
be located within the building envelope so that it does not require
the removal of the riparian vegetation along the two watercourses.
This can be conditioned appropriately. Paterson Local Area Plan
(LAP) The Paterson LAP states that “no access for subdivision
permitted from Glenburn Road.” The LAP suggests that a possible
access road intersection be developed in conjunction with
development of Brisbane Grove in Area B4”. As detailed in the
original assessment, consideration needs to be given to reviewing
the provisions within the LAP in accordance with the current
subdivision pattern and Dungog LEP 2014. It is now proposed that
all three allotments will gain access via Glenburn Road in
contradiction to the LAP. It is noted however that the applicant
has undertaken the upgrade works along Glenburn Road in compliance
with the original conditions of consent. Council’s Engineering
Department has reviewed the proposal and advised that as Glenburn
Road has now been widened to 6m it will adequately accommodate
traffic movements for 1 additional lot. (iiia) any planning
agreement that has been entered into under section 93F, or any
draft planning agreement that a developer has offered to enter
into under section 93F;
There are no planning agreements or draft planning agreements
applying to the land. (iv) the regulations (to the extent that they
prescribe matters for the purposes of this paragraph); Not
applicable a) The likely impacts of that development, including
environmental impacts on
both the natural and built environments, and social and economic
impacts in the locality,
As detailed above there was some concern with the amended
proposal in regards to effluent disposal. The proposal has been
assessed by Council’s Environmental Health Officer who provided the
following comments: “A meeting onsite was conducted with the
applicant/owner Mr WN Gray, Norm Campbell from Gardenmaster and
myself to assess any concerns in regards to onsite disposal with
the new lot layout. After reviewing the amended site plan all lots
contain a minimum of 4000m2
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B: 18
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
of useable land and comply with setbacks (watercourses,
boundaries) and council’s development assessment framework (DAF)
for effluent disposal. The site analysis plan shows areas of the
preferred location for effluent disposal for proposed lots 511,
512. There was an initial concern with the constructability of a
proposed system on lot 511 but after the onsite discussion with
installer Norm Campbell the proposed system (AWTS with sub surface
irrigation) would not be cost prohibitive. Both newly created lots
have sufficient area available for onsite sewage management”. The
proposed new building envelopes and potential effluent disposal
areas have been located in already cleared areas, with only minimal
clearing required for access to proposed Lot 511. The proposed
modification will have no significant environmental or
socio-economic impacts. Due to the constraints on the site, the
nominated effluent disposal area for Lot 511 and the building
envelopes on the vacant allotment will be restricted on the title
as a condition of consent. b) The suitability of the site for the
development, The site is considered to be suitable for the proposed
three lot subdivision. The proposed modification will not affect
the overall suitability of the site for development. (d) any
submissions made in accordance with this Act or the regulations As
detailed above, one submission was received during the exhibition
period which was in support of the proposed amendments. The
proposal was originally referred to the NSW Rural Fire Service for
an amended Bushfire Safety Authority in accordance with Rural Fires
Act 1997. The RFS advised on the 30 June 2016 that “The Service has
reviewed the submitted amendments and raises no objections subject
to compliance with our previous terms of approval dated 25 July
2014”. When the lot layout was amended the application was again
referred to the RFS who confirmed that they raised no objections
subject to compliance with our previous terms of approval dated 30
June 2016. CONCLUSION The proposal has been assessed against the
matters for consideration in Section 96(1A) and 79C of the
Environmental Planning and Assessment Act 1979 and it is considered
that the proposed modifications relating to the lot layout and
access location can be supported. OFFICERS RECOMMENDATION That in
accordance with Section 96 of the EP&A Act, it is recommended
that amendments be made to the following original conditions
numbered 1 & 10 respectively, and the insertion of two new
conditions as follows: General 1. The subdivision of Lot 51 DP
1147254 No. 33 Glenburn Road Paterson being carried
out in accordance with the following information submitted with
development application 63/2014, except as modified by the
conditions of this consent:
- Plan of proposed subdivision of Lot 51 DP1147254, prepared by
Graeme
Ferguson dated 29.07.2016; - Statement of Environment Effects,
prepared by WN & DM Gray undated; - Bushfire Threat Assessment,
prepared by Firebird ecoSultants Pty Ltd dated May
2014;
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B: 19
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
- Geotechnical Investigation for On Site Sewerage Disposal
System prepared by Valley Geotechnical (NSW) Pty Ltd dated
28/03/02
Prior to Issue of Construction Certificate 10. The developer
shall arrange for detailed engineering design plans to be submitted
to
Council for approval for: - Roadwork including associated
drainage and erosion/sediment controls associated
with: Construction of an access track from Glenburn Road to the
southern boundary of the
building envelope contained within Lot 511 including forming,
gravelling and draining to provide a: -
A minimum of 4 metre wide, 100mm depth of gravel formation with
1 metre wide cleared verges. Provision of appropriately sized
reinforced concrete piped drainage and
headwalls where required. 30(a). A designated building envelope
approved by Council is to be delineated and fully
dimensioned on each vacant lot on the final plan of survey, and
a Section 88b Instrument submitted for Council’s acceptance that
restricts building outside of the building envelope.
Advice: A “building envelope” is a parcel of land suitable for
the siting of a dwelling house which is not subject to hazards,
such as bushfire risk, erosion, landslip, poor drainage soil or
slope constraints, flooding, vegetation /habitat values, wildlife
corridors, scenic amenity, buffer areas or the like, and –
(i) Is based on the principles of the NSW Floodplain Management
Manual; (ii) If set back from a road at a reasonable distance so as
not to result in creating
a visual intrusion on the rural landscape; (iii) Can be accessed
by an all-weather road; and
30(b). Pursuant to section 88B of the Conveyancing Act easements
and restrictions as-to-
user shall be created to achieve the following purposes:
(a) Prohibit clearing of native vegetation within the 20m
riparian land buffer (b) Future development on Lot 511 must be
carried so that the integrity of the
riparian vegetation is maintained in perpetuity. The required
APZ is to be located within the building envelope, or alternately
future dwelling construction standards should be increased in
accordance with the Planning for Bushfire Protection Guidelines
2006. to reduce the APZ footprint.
(c) Prohibit the disposal of effluent outside of the nominated
effluent disposal area on Proposed lot 511;
(d) Provide that all boundary fencing should allow for the
movement of native fauna across the site and is free from ‘netting’
type material.
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B: 20
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
Jenny Webb 2. J N CUSTODIAN PTY LTD – SECTION 96 MODIFICATION TO
5 LOT SUBDIVISION. DA39/2015 Development Application No. 39/2015
Owner: JN Custodian Pty Ltd Applicant: C/- Perception Planning Pty
Ltd Land: Lot 218 DP 752497, No 288 Glen William Road,
Clarence Town Current Zone: R5 Large Lot Residential Area: 10.26
hectares Proposal: s96 Modification to 5 Lot Subdivision Issue:
On-site effluent disposal and visual impact Precis: An application
has been received under Section 96(1A) of the Environmental
Planning and Assessment Act 1979 (EP&A Act) to modify
Development Consent No 39/2015 for a 5 lot subdivision at Lot 218
DP 752497 No 288 Glen William Road, Clarence Town. Council granted
development consent to the subdivision at the Ordinary Meeting of
Council held on 15 December 2015. The Section 96 application seeks
to modify the following components of the development:
Modification to lot layout/boundaries Modification of building
envelopes Modification to effluent disposal areas Modification to
condition 2 to enable a 30 metre separation between the
building
envelopes of Lots 4 and 5, rather than a 50 metre separation. A
55 metre separation is proposed between the building envelopes of
Lot 1 and 3 and Lot 3 and 4.
BACKGROUND Development Application 39/2015 for a 6 Lot
subdivision was lodged in June 2015. Following the initial
assessment, the application was amended to a 5 lot subdivision in
order to provide sufficient area for on-site sewage management and
to achieve the minimum 4,000m² usable area as required under the
Development Assessment Framework (DAF). The application for the 5
lot subdivision was approved at the Ordinary Meeting of Council on
15 December 2015. The approved subdivision nominated building
envelopes and effluent disposal areas for each lot and due to the
location of the proposed building envelopes, the applicant also
proposed to relocate the existing overhead power lines. The
approved subdivision also included a condition of consent for a 50
metre separation to be provided between building envelopes to
assist is reducing the visual impact of the development. The
applicant is no longer proposing to relocate the overhead power
lines and therefore a number of the approved building envelopes are
proposed to be relocated to ensure that they can comply with the
required buffer to overhead power lines (10 metres either side).
This
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B: 21
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
has subsequently resulted in minor changes to the lot boundaries
and effluent disposal areas. SUBJECT SITE The site comprises a
battle axe shaped allotment of approximately 10.2 hectares, located
on the eastern side of Glen William Road. The property’s eastern
boundary is the Williams River, with three watercourses also
traversing the site. The eastern portion of the site falls steeply
toward the Williams River. There is a relatively level area along
the top of a minor ridge, before the land falls to the west toward
Glen William Road. Vehicular access to the property is directly
from Glen William Road, via the access handle, which is
approximately 370 metres long and 40 metres wide.
Surrounding land uses are predominantly rural/rural residential
in nature as follows:
North: Existing dwelling on 9.14 hectares zoned R5 Large Lot
Residential East (across Williams River): RU1 Primary Production
zoned land and dwelling houses South (Angela Close): Three rural
residential dwellings zoned R5 Large Lot Residential West: Vacant
land zoned R5 Large Lot Residential currently used for cattle
grazing
PROPOSED MODIFICATION It is proposed to subdivide the subject
land into five lots as detailed in the table below:
Lot No. Proposed Area (m²) Zone 1 15,600 R5 2 8,096 + 47,900 R5,
E3 3 11,100 R5 4 8,049 R5 5 8,061 R5
No changes are proposed to the approved vehicular access, which
is currently under construction. Each new lot complies with the
minimum 8,000 m² of R5 zoned land and contains a building envelope
and effluent disposal area. A plan of the approved and proposed
subdivision layouts, including building envelopes is attached at
Annexure ‘D’ (B:43). STATUTORY CONSIDERATIONS Integrated
Development Pursuant to section 91 of the EP&A Act, the
original development application was ‘integrated development’ as it
required development consent and the following approvals:
Bushfire Safety Authority under section 100B of the Rural Fires
Act 1997 for the subdivision of land that could lawfully be used
for residential or rural residential purposes.
Controlled Activity Approval for works on waterfront land under
the Water Management Act 2000.
General terms of approval were issued for the original
development application and the revised proposal has been referred
back to the NSW Rural Fire Service and the NSW Department of
Primary Industries – Water. The Department of Primary Industries –
Water has confirmed that the previously issued general terms of
approval remain valid. However, no response has been received from
the NSW Rural Fire Service within the specified timeframe of 40
days and therefore the previously issued general terms of
approval/Bushfire Safety Authority conditions are also to
remain.
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B: 43
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
ANNEXURE ‘D’ TO ITEM NO. 2 – MANAGER PLANNING’S REPORT
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B: 44
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
lbrighton.dunFile AttachmentMP 2 D.pdf
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B: 22
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
Section 96 – Modification of Consents In accordance with Section
96(1A) of the EP&A Act, the consent authority may modify a
development consent if:
(a) it is satisfied that the proposed modification is of minimal
environmental impact, and
Comment: The proposed modifications would have minimal
environmental impact, with the most likely impact being from on
site sewage management. In this regard, a Cumulative Impact
Assessment has been prepared by Whitehead and Associates for the
modified subdivision, which concludes that based on the analysis,
the risk of nutrient, hydraulic and pathogen export to surface
waters and groundwater will be negligible and that impacts of
effluent on neighbouring properties or adjacent land are also
considered unlikely, posing a low risk to public health and the
environment.
(b) it is satisfied that the development to which the consent as
modified relates is substantially the same development as the
development for which the consent was originally granted and before
that consent as originally granted was modified (if at all),
and
Comment: The application remains substantially the same as that
which was originally approved. The subdivision remains for 5 lots
with a similar layout to the approved development.
(c) it has notified the application in accordance with: (i) the
regulations, if the regulations so require, or (ii) a development
control plan, if the consent authority is a council that has made
a
development control plan that requires the notification or
advertising of applications for modification of a development
consent,
Comment: The application was placed on public exhibition and
neighbour notification between 29 June 2016 and 29 July 2016.
During this time, one submission was received.
(d) it has considered any submissions made concerning the
proposed modification within any period prescribed by the
regulations or provided by the development control plan, as the
case may be.
Comment: One submission was received during the
exhibition/notification period. The issues and concerns raised in
the submission are detailed further in the report and a copy of the
submission is included in Annexure ‘E’ (B:45). The proposed
modification is considered to satisfy the above requirements of
Section 96(1A) and therefore can be dealt with as a modification to
the existing consent, rather than a new development application.
Section 96(3) of the EP&A Act requires that, in determining an
application for modification of a consent, the consent authority
must take into consideration such of the matters referred to in
section 79C (1) as are of relevance to the development the subject
of the application. The proposed modification has been assessed
under the relevant heads of consideration listed in Section 79C(1)
of the Environmental Planning and Assessment Act 1979 as follows:
Provisions of any environmental planning instrument. State
Environmental Planning Policies The proposed modifications to the
approved subdivision do not impact on the matters for consideration
under the SEPP’s applicable to the development application. A
summary of each of the applicable SEPPs is included in Annexure ‘F’
(B:46).
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B: 45
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
ANNEXURE ‘E’ TO ITEM NO. 2 – MANAGER PLANNING’S REPORT
lbrighton.dunFile AttachmentMP 2 E.pdf
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B: 46
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
ANNEXURE ‘F’ TO ITEM NO. 2 – MANAGER PLANNING’S REPORT
CONSIDERATION UNDER SECTION 79C The following assessment is
based on the matters listed for consideration under Section 79C(1)
of the Environmental Planning and Assessment Act, 1979. a) The
provisions of:
(i) any environmental planning instrument;
State Environmental Planning Policy No. 44 – Koala Habitat
Protection 1. This policy aims to encourage the
proper conservation and management of areas of natural
vegetation that provide habitat for Koalas to ensure a permanent
free-living population over their present range and reverse the
current trend of Koala population decline: d) by requiring the
preparation of
plans of management before development consent can be granted in
relation to areas of core koala habitat, and
e) by encouraging the identification of areas of core koala
habitat, and
f) by encouraging the inclusion of areas of core koala habitat
in environment protection zones.
Schedule 1 of the policy lists a number of local government
areas in which this policy applies. Dungog LGA is included in the
Schedule. Therefore the proposal constitutes a development to which
SEPP 44 applies. This SEPP applies to land that has an area of more
than 1 hectare.
The subject site has an area of 10.26 hectares. The subject site
has been largely cleared of native vegetation with some vegetation
along the Williams River. Before granting consent to an application
to carry out development on land to which the policy applies,
Council must satisfy itself whether or not the land is a potential
or core Koala habitat. ‘Potential Koala habitat’ is defined as
areas of native vegetation where the trees listed in schedule 2 of
SEPP 44 ‘constitutes at least 15% of the total number of trees in
the upper and lower strata of the tree component’. If the site is
found to contain potential koala habitat, further investigation for
the presence of ‘core Koala habitat’ should be undertaken and if
this habitat is found to be present, a detailed Plan of Management
should be prepared. The subject site comprises predominantly of
grasslands and has been cleared of native vegetation. Therefore the
site appears not to constitute potential koala habitat given that
there are a limited number of trees on site. Furthermore no
vegetation removal is necessary for future building envelopes.
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B: 47
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
State Environmental Planning Policy (Rural Lands) 2008 2. Clause
10 applies to land in a rural
zone, a rural residential zone or an environmental protection
zone and sets out the matters to be taken into account in
determining development applications for rural subdivisions or
rural dwellings, as follows:
f) the existing uses and approved uses of land in the vicinity
of the development,
a) Land to the north, south and west is zoned R5 Large Lot
Residential. Adjoining land to the north and south of the subject
site is characterised as rural residential development. The
adjoining site to the west is currently used for low intensity
cattle grazing. Land to east, across the Williams River is
agricultural land zone RU1 Primary Production. From the aerial
photo, it appears that at a dairy is located approximately 900 m
away from the subject site and a poultry shed approximately 1.5 km.
These buffers are considered sufficient to avoid landuse conflict
with the subdivision of the subject site.
g) whether or not the development is likely to have a
significant impact on land uses that, in the opinion of the consent
authority, are likely to be preferred and the predominant land uses
in the vicinity of the development,
b) The surrounding land on the western side of the Williams
River is zoned for large lot residential development, which will
become the predominant use. There are existing dwellings to both
the north and south of the site. The proposed subdivision is
unlikely to have an impact on the existing agricultural land to the
east of the Williams River.
h) whether or not the development is likely to be incompatible
with a use referred to in paragraph (a) or (b),
c) The proposed large lot residential subdivision is unlikely to
be incompatible with any surrounding land uses.
i) if the land is not situated within a rural residential zone,
whether or not the development is likely to be incompatible with a
use on land within an adjoining rural residential zone,
d) Not applicable as site is within a rural residential
zone.
j) any measures proposed by the applicant to avoid or minimise
any incompatibility referred to in paragraph (c) or (d).
e) There is not expected to be any incompatibility with
adjoining landuses.
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B: 48
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
Dungog Local Environmental Plan 2014 1. The site is zoned R5
Large Lot
Residential and E3 Environmental Management under Dungog LEP
2014.
2. Clause 2.3 - Zone objectives and Land Use Table
The objectives of the R5 zone are:
The following comments are made in respect to the proposed
subdivision and the objectives of the R5 Zone:
a) To provide residential housing in a rural setting while
preserving, and minimising impacts on, environmentally sensitive
locations and scenic quality.
a) The proposed lot layout and location of building envelopes
ensures that future dwellings are located in the most appropriate
area of the site and that future development, including structures
and runoff are unlikely to have a detrimental impact on the
Williams River or the adjoining land zoned E3 Environmental
Management. A Visual Assessment has also been submitted with the
application to assess the impact of the development from
surrounding viewpoints, and subject to conditions regarding
distances between building envelopes, landscaping and heights of
buildings, the proposed subdivision is considered to adequately
minimise the impacts on environmentally sensitive land.
b) To ensure that large residential lots do not hinder the
proper and orderly development of urban areas in the future.
b) The subject site comprises a single allotment surrounded by
land similarly zoned R5 Large Lot Residential. The subject site and
the surrounding land has been identified as suitable for further
subdivision. The application has been accompanied by a masterplan,
which illustrates how the remaining land within the precinct could
be developed in the future. The proposed subdivision is not
expected to hinder the proper and orderly development of urban
areas.
c) To ensure that development in the area does not unreasonably
increase the demand for public services or public facilities.
c) The proposed 5 Lot subdivision would not unreasonably
increase the demand for public services or public facilities. Each
dwelling site would be reliant on tank water and on site sewage
management. A new public road is proposed to service the new lots
and to provide access to the future development of the adjoining
lot to the east of the site.
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B: 49
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
d) To minimise conflict between land uses within this zone and
land uses within adjoining zones.
d) The land surrounding the site on the western side of the
Williams River is zoned R5 Large Lot Residential and therefore
future landuse conflicts are unlikely. The land to the east of the
Williams River is zoned RU1 Primary Production. A dairy is located
approximately 900 m away from the subject site and a poultry shed
approximately 1.5 km. These buffers are considered sufficient to
avoid landuse conflict with the subdivision of the subject
site.
e) To isolate housing from existing intensive agriculture or
future intensive agricultural areas.
f) There are no intensive agricultural uses in the vicinity of
the subject site and there are no known proposals for future
intensive agricultural uses.
The objectives of the E3 zone are:
a) To protect, manage and restore areas with special ecological,
scientific, cultural or aesthetic values.
a) The eastern portion of the site is zoned E3 due to its
frontage to the Williams River, which also comprises riparian
vegetation identified as an Endangered Ecological Community. The E3
zoned land is to be contained within a single lot, with no
development occurring within the zone. An EMP was submitted, which
details re-vegetation and weed management for the environmentally
sensitive area. No changes are proposed to this.
b) To provide for a limited range of development that does not
have an adverse effect on those values.
b) The proposed development in the R5 zone is unlikely to have
an adverse impact on the E3 zoned land due to the design and layout
of the subdivision and building and effluent disposal
envelopes.
c) To promote the rural amenity and scenic landscape values of
the area and prevent the silhouetting of unsympathetic development
on ridgelines.
d) The E3 portion of the subject site is located adjacent to the
Williams River, on the lowest point of the site. The rural amenity
of the small section of E3 zoned land would not be significantly
impacted by the proposed subdivision.
Consequently the proposal is consistent with the zone
objectives.
3. Clause 2.6 - Subdivision—consent requirements
Consent is being sought for subdivision of this land.
4. Clause 4.1 - Minimum subdivision lot size The min lot size
for land zoned R5 is 8000m2.
The min lot size for land zoned E3 is 300ha.
Proposed Lots 1, 3, 4 and 5 are zoned R5 Large Lot Residential.
The proposed lots have areas of 8,049 m² to 1.56 ha and comply with
minimum lot size requirements of this zone.
Proposed Lot 3 contains approx. 4.79 ha of E3 land and therefore
does not comply with this clause. Refer to Clause 4.1A below for
permissibility.
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B: 50
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
Clause 4.1A - Exceptions to minimum subdivision lot sizes for
certain split zones
(1) The objectives of this clause are as follows:
(a) to provide for the subdivision of lots that are within more
than one zone but cannot be subdivided under clause 4.1,
(b) to ensure that the subdivision occurs in a manner that
promotes suitable land uses and development.
(2) This clause applies to each lot (an original lot) that
contains:
The proposed subdivision complies with this clause as all the E3
Environmental Management zoned land is to be contained within a
single lot (Lot 2), which also contains a minimum 8,000 m² of R5
Large Lot Residential zoned land. All other lots within the
subdivision are zoned R5 Large Lot Residential and meet the minimum
lot size under Clause 4.1.
(a) land in Zone RU5 Village, Zone R1 General Residential, Zone
R5 Large Lot Residential or Zone IN1 General Industrial, and
(b) land in Zone RU1 Primary Production or Zone E3 Environmental
Management.
(3) Despite clause 4.1, development consent may be granted to
subdivide an original lot to create other lots (the resulting lots)
if:
(a) one of the resulting lots will contain all of the land in
Zone RU1 Primary Production or Zone E3 Environmental Management
that was in the original lot, and:
(i) an existing dwelling, or
(ii) land in Zone RU5 Village, Zone R1 General Residential, Zone
R5 Large Lot Residential or Zone IN1 General Industrial that has an
area that is not less than the minimum size shown on the Lot Size
Map in relation to that land, and
(b) all other resulting lots will contain land that has an area
that is not less than the minimum size shown on the Lot Size Map in
relation to that land
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B: 51
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
5 Clause 6.1- Acid sulfate soils The subject site is affected by
acid sulphate soils Class 5.
Works would not lower the water table below 1 metre Australian
Height Datum on adjacent Class 1, 2, 3 or 4 land. No further
investigations are required for this proposed subdivision.
6 Clause 6.3 - Flood planning
The site is identified within a flood planning area map.
(1) The objectives of this clause are as follows:
o to minimise the flood risk to life and property associated
with the use of land,
o to allow development on land that is compatible with the
land’s flood hazard, taking into account projected changes as a
result of climate change,
o to avoid significant adverse impacts on flood behaviour and
the environment.
Council records indicate that a small portion of the subject
site is affected by the 1:100 flood to a maximum of RL 13.6m
AHD.
Development consent must not be granted to development on land
to which this clause applies unless the consent authority is
satisfied that the development:
The proposed subdivision is considered to be:
(a) is compatible with the flood hazard of the land, and
a) Compatible with flood hazard as no dwellings or building are
located within the flood prone area;
(b) will not significantly adversely affect flood behaviour
resulting in detrimental increases in the potential flood
affectation of other development or properties, and
b) No filling is proposed within the flood prone area of the
site. The watercourse crossing for the public road has been
adequately addressed through the use of culverts to maintain
existing flows;
(c) incorporates appropriate measures to manage risk to life
from flood, and
c) Flood free evacuation is available to the site;
(d) will not significantly adversely affect the environment or
cause avoidable erosion, siltation, destruction of riparian
vegetation or a reduction in the stability of river banks or
watercourses, and
d) Nearby watercourses are unlikely to be impacted provided
suitable stormwater, effluent disposal and erosion control measures
are implemented as per the consent conditions;
(e) is not likely to result in unsustainable social and economic
costs to the community as a consequence of flooding.
e) The proposed subdivision is not expected to have any costs to
the community in terms of impacts from flooding.
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B: 52
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
Clause 6.4 – Stormwater management
The proposed subdivision is considered to be consistent with the
clause as water permeable surfaces have been maximised, and the
building envelopes, effluent disposal areas and road stormwater has
been designed to largely drain away from the Williams River.
(1) The objective of this clause is to minimise the impacts of
urban stormwater on land to which this clause applies and on
adjoining properties, native bushland and receiving waters
(2) This clause applies to all land in residential, business and
industrial zones.
(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
on-site infiltration of water, and
(b) includes, if practicable, on- site stormwater retention for
use as an alternative supply to mains water, groundwater or river
water, and
(c) avoids any significant adverse impacts of stormwater runoff
on adjoining properties, native bushland and receiving waters, or
if that impact cannot be reasonably avoided, minimises and
mitigates the impact.
7. Clause 6.5 - Drinking water catchments
The subject site is located within the Williams River drinking
water catchment.
The proposed development is unlikely to have an adverse impact
on the quality and quantity of water in the Williams River. The
construction of the road and RoW are located to the west of the
ridgeline, which drains away from the Williams River. The road
design is to incorporate swales and details of the stormwater
system is to be submitted prior to the issue of a Construction
Certificate.
(3) The consent authority must consider the following:
(a) whether or not the development is likely to have any adverse
impact on the quality and quantity of water entering the drinking
water storage, having regard to the following:
(i) the distance between the development and any waterway that
feeds into the drinking water storage,
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B: 53
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
(ii) the on-site use, storage and disposal of any chemicals on
the land,
The Effluent disposal assessment and Cumulative Impact
Assessment has been carried out in accordance with the DAF and
concludes that any adverse impact would be unlikely.
(iii) the treatment, storage and disposal of waste water and
solid waste generated or used by the development,
(b) any appropriate measures proposed to avoid, minimise or
mitigate the impacts of the development.
(4) Development consent must not be granted to development on
land to which this clause applies unless the consent authority is
satisfied that:
(a) the development is designed, sited and will be managed to
avoid any significant adverse impact on water quality and flows,
or
The lot layout, building envelopes and effluent disposal areas
have been sited to minimise any impact on watercourses.
(b) if that impact cannot be reasonably avoided—the development
is designed, sited and will be managed to minimise that impact,
or
(c) if that impact cannot be minimised—the development will be
managed to mitigate that impact.
8 Clause 6.6 Riparian land and watercourses While the site
contains riparian land adjacent to the Williams River, no
development is
proposed within the mapped area or within 40 metres of the bank
of the Williams River.
(1) The objective of this clause is to protect and maintain the
following:
(a) water quality within watercourses,
(b) the stability of the bed and banks of watercourses,
(c) aquatic and riparian habitats, (d) ecological processes
within
watercourses and riparian areas.
(2) This clause applies to all of the following:
(a) land identified as “Watercourse” on the Riparian Lands and
Watercourses Map,
(b) all land that is within 40 metres of the top of the bank of
each watercourse identified as “Watercourse” on that map.
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B: 54
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
Clause 6.10 Williams River Catchment
(3) Development consent must not be granted to development on
land to which this clause applies unless the consent authority has
considered whether the development:
(a) promotes the sustainable use of land, water, vegetation and
other natural resources within the Williams River Catchment,
and
(a) The land is suitable for large lot residential development.
The riparian vegetation is to be improved and maintained in
accordance with the EMP.
(b) promotes the protection and improvement of the environmental
quality of the Williams River Catchment, and
(b) Due to the design and layout of the proposed subdivision,
the environmental impact has been minimised.
(c) will have any significant adverse impacts on water quality
within the Williams River Catchment, and
(c) The CIA submitted in accordance with the DAF concludes that
the appreciable impacts of effluent on neighbouring properties or
adjacent land are unlikely and the OSSM poses a low risk to public
health or the environment.
(d) is consistent with the Williams River Catchment Regional
Planning Strategy published in September 1997 by The Department of
Planning and Environment
(d) The proposal is consistent with the Williams River Catchment
Regional Planning Strategy
(iv) any draft environmental planning instrument that is or has
been placed on
public exhibition and details of which have been notified to the
consent authority;
There are no draft environmental planning instruments applying
to this land or development proposal.
(iii) any development control plan;
Dungog Development Control Plan No. 1
1. Part C Section 2 Development in Rural Residential Zones of
DCP No.1 sets out provisions for rural/ residential
development.
Roads and Road Access Reducing vehicular conflict and the
potential for conflict through a significant reduction in the
number of driveway access points to collector road.
There is an existing access off Glen William Road to the site.
It is proposed that a new public road is constructed to provide
permanent access to the new lots and to any future subdivision of
the adjoining property at No 320 Glen William Road
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B: 55
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
Pedestrian and Cycle Access A network of shared pathways
providing safe pedestrian and cycle access in and between
subdivisions and, where feasible, between the subdivisions and the
nearby settlement.
There are no existing pedestrian and/or cycle paths in the
vicinity of the site.
Existing Pattern of Subdivision Co-ordinated approach
which results in masterplans that demonstrate staged subdivision
and land release and avoid sterilisation of adjoining
properties.
A high level masterplan has been submitted with the application.
The proposed subdivision would not sterilise any adjoining land and
the proposed road will provide vehicular access for the subdivision
of the site immediately to the west of the subject site.
Create the opportunity for the development of an integrated
community, not a series of separate enclaves.
Habitat Protection Preservation and
protection of habitat that supports viable wildlife communities,
particularly rare and endangered species.
Existing vegetation along the Williams River will be protected
and maintained in accordance with the EMP submitted with the
application.
Establishment of a network of interconnected wildlife corridors
not isolated protection zones or remote 'islands' of habitat.
Protection of watercourses and the vegetation along these
watercourses.
Bushfire To minimise the risk to
people and property from the impacts of bushfire
Conditional approval was granted by the NSW RFS to the original
application and these conditions will remain.
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B: 56
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
Waterways – River Foreshores Protection of riparian
vegetation.
The existing vegetation along the river is located within the E3
Environmental Management Zone and will be protected from
development. Water Quality is unlikely to be impacted due to the
design and location of OSSM.
Access to the river foreshore in this location is not considered
suitable due to the steep nature of the land and the potential for
soil erosion and vegetation removal.
The small area of the site that is flood affected is outside of
the development footprint and therefore flooding is not expected to
be a significant issue for the subject site. During flood events,
access to Glen William Road would still be available.
Maintenance of water quality and water flow.
Providing public or community access to the river foreshore
areas.
Minimising the impact of flooding on people and property.
Visual Impact Retention of the rural
character and setting of the Shire.
Retention of areas of high scenic value, including hills, the
river valleys and the rural vistas on the access roads into
villages.
Minimise visual impact of rural residential development from the
main routes through villages. New development will be appropriately
sited with landscaped buffers to these main routes.
Through landscaping, establish entry statements to the villages
along the main access roads to create a sense of arrival to a
destination point.
2. Part C, Section 3 Building Line Setbacks of DCP No. 1 sets
out the general requirements for building line setbacks in the R5
Large Lot Residential zone (i.e. former Rural Lifestyle 1(1) zone.)
Buildings are required to be setback 50m from a public road (15 m
from new roads within the subdivision). In addition, buildings must
be set back at least 10m from side and rear property
boundaries.
Future dwellings within the nominated building envelopes can
comply with the setback stated in the DCP, including a minimum of
10m from side boundaries.
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B: 57
Ordinary Meeting of the Council of the Shire of Dungog, to be
held Tuesday 20 September 2016 commencing 6.00pm.
3. Part C, Section 5 Bushfire of the DCP No.1 outlines
requirements in respect of applications to carry out development on
bushfire prone land.
According to Council’s Bushfire Prone Land map, the eastern
section of the subject site is mapped as bushfire prone land. The
RFS has issued a Bushfire Safety Authority for the proposed
subdivision under section 100B of the Rural Fires Act 1997 subject
to conditions.
4. Part C, Section 16 Biodiversity of the DCP No.1 requires
applicants to consider the potential impacts of the development on
biodiversity.
The majority of the site has been cleared for grazing purposes.
The area of vegetation along the Williams River is to be
retained.
5. Part D, Section 6 the Clarence Town Local Area Plan
(LAP).
Most of Area J2 is highly suitable for further development. The
existing pattern of subdivision is also largely conducive to
further subdivi