development application - orange city council

PLANNING & DEVELOPMENT

DEVELOPMENT APPLICATION

Proposed Alterations and Additions to Existing Dwelling Lot 100 DP 1083040

176 Clergate Road, Orange

Prepared for BA and RR Westgeest

September 2020

Ref: DA1PJB20018

343 Summer St, PO Box 1827, Orange NSW 2800 telephone 02 6361 2955 • facsimile 02 6360 4700 • mobile 0409 821 016 emoil [email protected] • obn: 91 558 813 035

TABLE OF CONTENTS

Section 1.0 1

THE APPLICATION 1

1.1 INTRODUCTION 1

1.2 APPLICANT 1

1.3 OWNER 1

1.4 DOCUMENTATION 2

1.5 THE PROPOSAL 2

Section 2.0 4

SUBJECT LAND 4

2.1 LOCATION, TITLE AND ZONING 4

2.2 SITE DESCRIPTION 4

2.3 ROAD AND ACCESS 5

2.4 SERVICES 5

2.5 CONTEXT AND SETTING 5

Section ,.0 6

TOWN PLANNING CONSIDERATIONS 6

3.1 PROVISIONS OF ENVIRONMENTAL PLANNING INSTRUMENTS 6

3.1.1 Orange Local Environmental Plan 2011.. 6

3.1.2 State Environmental Planning Policy 55 - Remediation of Land 15

3.2 PROVISIONS OF DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS 15

3.3 PROVISIONS OF DEVELOPMENT CONTROL PLANS 16

3.4 MATTER PRESCRIBED BY THE REGULATIONS 19

3.5 THE LIKELY IMPACTS OF THE DEVELOPMENT.. 19

3.5.1 Visual Impact 19

3.5.2 Traffic Impacts 20

3.5.3 Air Quality 20

3.5.4 Water Quality 20

3.5.5 Impacts on Surrounding Development.. 20

3.5.6 Biodiversity 20

3.5.7 Social and Economic Impact 22

3.6 THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT 22

3.6.1 Physical Attributes 22

3.6.2 Availability of Utility Services 22

3.7 ANY SUBMISSIONS MADE IN ACCORDANCE WITH THIS ACT OR THE REGULATIONS 22

3.8 THE PUBLIC INTEREST 23

Section +.o 24

CONCLUSION 24

Annexure A Land Plans by Peter Basha Planning & Development

Annexure B Building Design Plans by TK Warboys

Annexure C BASIX Certificate

Section 1.0

THE APPLICATION

1.1 INTRODUCTION

This Development Application seeks approval for minor demolition works and then alterations and additions to an existing dwelling at 176 Clergate Road,

Orange.

The land is zoned INl General Industrial under the provisions of Orange LEP

2011.

In terms of permissibility, dwelling houses are normally a prohibited use in the INl General Industrial Zone. However, the existing dwelling has existing use

rights. Pursuant to Section 4.67 of the Environmental Planning & Assessment Act 1979, and Clause 41(1)(b) of the Environmental Planning & Assessment

Regulation 2000, it is proposed to rely on these existing use rights to alter and

extend the dwelling.

This report provides an assessment of the proposal as required under Section

4.15 of the Environmental Planning and Assessment Act, 1979. There are no aspects of the development that prevent approval being granted.

1.2 APPLICANT

Bart and Rosemary Westgeest c/- Peter Basha Planning & Development

PO Box 1827

ORANGE NSW 2800

1.3 OWNER

Bartholomeus Adrianus Westgeest and Rosemary Ruth Westgeest

16 Old Forbes Road

ORANGE NSW 2800

Peter Basha Planning & Development

Proposed Alterations and Additions to Existing Dwelling 176 Clergate Road, Orange Page 2

1.4 DOCUMENTATION

The development application comprises this report; a completed DA form; a

completed Section 68 form; and the following plans and documentation:

Annexure A- Plans by Peter Basha Planning & Development

Figure 1

Figure 2 Figure 3

Location Existing Boundaries and Site Detail

Proposed Site Plan

Annexure B- Building Design Plans by TK Warboys

Sheet 1 Sheet 2

Sheet 3

Sheet 4

Existing Floor Plan and Proposed Demolition Plan

Proposed Floor Plan and Sections Proposed Elevations

Proposed Site Plan

Annexure C

BASIX Certificate

1.5 THE PROPOSAL

Consent is sought for alterations and additions to an existing dwelling at 176 Clergate Road, Orange. The proposal is depicted in the attached plan set by TK

Warboys and involves:

• Demolition/removal of the following elements as depicted in Sheet 1:

Existing verandah at the front (western side) of the dwelling.

Concrete landing at the rear (eastern side) of the dwelling.

- External southern wall of the dwelling.

Certain internal walls.

Existing windows and doors.



• Construction of an extension to the southern side of the existing dwelling and conversion of existing spaces to create an enlarged dwelling that

comprises:

- Four (4 ) bedrooms with ensuite to main

Open plan living area with kitchen/dining/lounge zones

- Main bathroom

- Separate laundry

- Study

• Construction of a new timber deck along the front (western) elevation.

• Construction of an attached carport at the rear (south eastern corner).

The proposed external finishes comprise colorbond roof and wall sheeting (corrugated profile); and aluminium window frames.

The roof over the addition will be pitched to match the existing roof. New roof

sheeting will be provided over the entire dwelling as extended.


Section2.0

SUBJECT LAND

2.1 LOCATION, TITLE AND ZONING

The subject land is located on the eastern side of Clergate Road, North Orange, approximately 470 metres to the north of Northern Distributor Road (refer

below and to Figure 1).

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The address is 176 Clergate Road, Orange.

The Real Property description is Lot 100 DP 1083040, Parish of Orange and

County of Wellington.

The land is zoned INl General Industrial pursuant to Orange Local

Environmental Plan 2011 (the LEP).

2.2 SITE DESCRIPTION

The subject land is a regular shaped allotment with an area of 4,363m2. It has a frontage of some 68.5 metres (including splay) to Clergate Road which forms the western boundary. The depth from front to rear is in the order of 68

metres. The rear (eastern) boundary is approximately 69.5 metres long (refer

Figure 2).



The subject dwelling lies in the southern section of the land. Two metal sheds

exist in the south eastern corner. Lawn is provided in the front and rear yards of the dwelling. The internal driveway is gravel. The remainder of the site is

predominantly a gravel/earth surface.

Chainwire security fencing is provided along the southern, western and eastern

boundaries. a rural style of fence remains along the northern boundary.

An Easement for Drainage of Sewage 2 Wide extends across the eastern side of the property from a point on the southern boundary to the north eastern

corner.

2.3 ROAD AND ACCESS

The subject land is serviced by Clergate Road which is a bitumen sealed

carriageway with one traffic lane in each direction.

Access is provided to the south eastern corner of the land via a Right of Carriageway 8 Wide and Variable which extends from Clergate Road and runs

outside and adjacent to the southern boundary of the subject land. The access

road within this right of carriageway is compacted gravel.

2.4 SERVICES

The land is connected to sewer, town water, electricity and

telecommunications.

Stormwater from the existing development within the land is currently

discharged informally. However, Council's stormwater infrastructure has been

established more recently within the Clergate Road corridor. A grated inlet pit

also exists in the north eastern corner of the subject land. It is understood that this pit is not connected to a reticulated system as yet.

2.5 CONTEXT AND SETTING

The subject land is located on the fringe of industrial and residential areas. The subject land is adjoined by industrial land to the north, east and south.

Residential neighbourhoods associated with the expansive North Orange

residential area commence to the west on the opposite side of Clergate Road.


Section .0

TOWN PLANNING CONSIDERATIONS

In determining the application, Council must take into consideration the relevant matters under section 4.15 of the Environmental Planning and Assessment Act, 1979.

These are assessed below.

3.1 PROVISIONS OF ENVIRONMENTAL PLANNING INSTRUMENTS

3.1.1 Orange Local Environmental Plan 2011

Orange Local Environmental Plan 2011 (the LEP) is applicable. The relevant

provisions are considered below.

LEPMapping

The subject land is identified on Orange Local Environmental Plan 2011

mapping on sheets numbered 007D. The LEP mapping matters are summarised

in the table below.

LEP Matter Comment

Land Zoning Map Zoned INl General Industrial

Lot Size Map MLS 4,000m2 applies (subdivision not proposed)

Heritage Map Not within a Conservation Area. No heritage items in vicinity

Height of Buildings Map No building height limit

Floor Space Ratio Map No floor space limit

Terrestrial Biodiversity Map No mapped biodiversity sensitivity on site



LEP Matter Comment

Groundwater Vulnerability Groundwater vulnerable Map

Drinking Water Catchment Not within a drinking water catchment Map

Watercourse Map No sensitive waterways in vicinity

Urban Release Area Map Not within an urban release area

Obstacle Limitation Surface Not applicable Map

Additional Permitted Uses Not applicable Map

Flood Planning Map Not a flood planning area

Zoning

The subject land is zoned INl General Industrial under the provisions of the LEP. The objectives of the zone are:

• To provide a wide range of industrial and warehouse land uses.

• To encourage employment opportunities.

• To minimise any adverse effect of industry on other land uses.

• To support and protect industrial land for industrial uses.

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



There are no aspects of the proposed development that are adverse to the

zone objectives. In this regard:

• The proposal relates to an established dwelling and does not affect the

range of industrial land uses.

• The proposal has a neutral effect in terms of employment opportunities.

• The existing dwelling is an established component of the land use pattern. The proposal would have a neutral effect on terms of land use conflict.

• The proposal does not further reduce the potential for the subject land or other industrial land to be used for industrial or other uses permitted in the

INl Zone.

• Access to the Southern Link Road is not relevant to this proposal.

Permissibility

The proposed development is for the purpose of a dwelling house.

According to the Land Use Table in Part 2 the LEP, dwelling houses are not permitted in the INl Zone. However, the existing dwelling has existing use rights. It is proposed to rely on these existing use rights to alter and extend the

dwelling pursuant to the relevant provisions of the Environmental Planning & Assessment Act 1979, and Environmental Planning & Assessment Regulation

2000. Consideration of these provisions is provided below.

Section 4.65 of the EPA Act, provides as follows:

4.65 Definition of "existing use"

In this Division, existing use means:

a) the use of a building, work or land for a lawful purpose immediately before the coming into force of an environmental planning instrument which would, but for Division 4 of this Part, have the effect of prohibiting that use, and

b) the use of a building, work or land:


Proposed Alterations and Additions to Existing Dwelling 176Clergate Road, Orange age9

(i) for which development consent was granted before the commencement of a provision of an environmental planning instrument having the effect of prohibiting the use, and

(ii) that has been carried out, within one year after the date on which that provision commenced, in accordance with the terms of the consent and to such an extent as to ensure (apart from that provision) that the development consent would not lapse.

In consideration of Section 4.65, the subject dwelling is considered to have

existing use rights due to the following:

• We are advised that the dwelling was constructed in the 1960's. The dwelling is assumed to be lawfully established given that it was in existence

at the time that Council approved and certified the subdivision that created the subject land (refer DA 947 /2003 and Subdivision Certificate 4395,

issued on 11 April 2005).

• The adoption of Orange LEP 2011 resulted in the subject land being zoned INl General Industrial. Orange LEP 2011 has had the effect of prohibiting

dwelling houses in the INl Zone.

• Pursuant to Section 4.66(3) of the Act, the existing use has not been abandoned. The dwelling continues to operate as such.

Clause 41 of the EPA Regulation provides as follows:

41 Certain development allowed

1) An existing use may, subject to this Division:

a) be enlarged, expanded or intensified, or

b) be altered or extended, or

c) be rebuilt, or

d) be changed to another use, but only if that other use is a use that may be carried out with or without development consent under the Act, or

e) if it is a commercial use-be changed to another commercial use (including a commercial use that would otherwise be prohibited under the Act), or



f) if it is a light industrial use-be changed to another light industrial use or a commercial use (including a light industrial use or commercial use that would otherwise be prohibited under the Act).

2) However, an existing use must not be changed under subclause (1) (e) or (f) unless that change:

a) involves only alterations or additions that are minor in nature, and

b) does not involve an increase of more than 10% in the floor space of the premises associated with the existing use, and

c) does not involve the rebuilding of the premises associated with the existing use, and

d) does not involve a significant intensification of that existing use.

e) (Repealed)

3) In this clause:

commercial use means the use of a building, work or land for the purpose of office premises, business premises or retail premises (as those terms are defined in the Standard Instrument (Local Environmental Plans) Order 2006.

In regard to Clause 41, the proposal represents the alteration and extension of

an existing use pursuant to Clause 41(1)(b). As the existing use is not a

commercial or light industrial use, the extent of works allowed is not limited.


42 Development consent required for enlargement, expansion and intensification of existing uses

1) Development consent is required for any enlargement, expansion or intensification of an existing use.

2) The enlargement, expansion or intensification-

a) must be for the existing use and for no other use, and

b) must be carried out only on the land on which the existing use was carried out immediately before the relevant date.



In consideration of Clause 42, it is acknowledged that development consent is

required for any enlargement or expansion of an existing use, hence this development application. The proposed works relate only to the existing use

(dwelling house).


43 Development consent required for alteration or extension of buildings and works

1) Development consent is required for any alteration or extension of a building or work used for an existing use.

2) The alteration or extension-

a) must be for the existing use of the building or work and for no other use, and

b) must be erected or carried out only on the land on which the building or work was erected or carried out immediately before the relevant date.

In consideration of Clause 43, it is acknowledged that development consent is required for any alteration or extension of an existing use, hence this development application. The proposed works relate only to the existing use

(dwelling house).

Clause 1.2 Aims of Plan

The aims of the LEP are as follows:

a) to encourage development that 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 the needs of present and future generations to be met by implementing the principles of ecologically sustainable development,

c) to conserve and enhance the water resources on which Orange depends,

particularly water supply catchments, Peter Basha

Planning & Development


d) to manage rural land as an environmental resource that provides economic and social benefits for Orange,

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.

In consideration of the aims of the LEP, the following comments are provided

in support of the development:

• There are no aspects of the proposal that detract from the character of Orange as a major regional centre [General Aim (a)].

• The proposal would have a neutral to positive effect in terms of the social,

economic and environmental resources of the City. There are no aspects of the proposal that would compromise the principles of ecologically

sustainable development [General Aim (b)].

• There are no aspects of the proposal that would represent a direct threat to the City's water resources [General Aim (c)].

• The management of rural land as an environmental resource is not relevant to this proposal [General Aim (d)].

• The proposed dwelling alterations and additions will contribute in a minor

way to the City's range and supply of housing choices [General Aim (e)].

• Based on the information provided in this report, the proposed alterations and additions will not adversely affect the value of heritage, landscape and scenic features of the City [General Aim (f)].

Clause 2. 7 Demolition requires development consent

According to clause 2. 7 of the LEP, the demolition of a building or work may be carried out only with development consent.

Clause 7.3 Storm water Management

Clause 7.3 provides as follows:



1) The objective of this clause is to minimise the impacts of urban storm water

on the land to which the development applies and on adjoining downstream 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, where practical, on-site 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 ifthat

impact cannot be reasonably avoided, minimises and mitigates the

impact.

The development will not generate adverse impacts in relation to stormwater

runoff. The drainage of stormwater from the dwelling as altered and extended will be provided in accordance with Council's normal requirements.

Clause 7.6 Groundwater vulnerability

The subject land is defined on the Orange Local Environmental Plan 2011 Groundwater Vulnerability Map as having moderate groundwater

vulnerability. Clause 7.6 of the LEP provides as follows:

1) The objectives of this clause are to maintain the hydrological functions of

key groundwater systems and to protect vulnerable groundwater resources from depletion and contamination as a result of inappropriate

development.

2) This clause applies to land identified as "Groundwater Vulnerability" on the

Groundwater Vulnerability Map.

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 on-site 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

b) the cumulative impact (including the impact on nearby groundwater

extraction for potable water supply or stock water supply) of the development and any other existing development on groundwater.

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

a) the development is designed, sited and will be managed to avoid any

significant adverse environmental impact, or

b) if that impact cannot be reasonably avoided-the development is

designed, sited and will be managed to minimise that impact,

c) if that impact cannot be minimised-the development will be managed

to mitigate that impact.

There appear to be no aspects of the proposed development that would cause

adverse impact on groundwater resources. In this regard:

• On-site effluent disposal will not occur. The residential development of the land requires effluent disposal to occur via connection to Council's sewer

reticulation.

• The residential use of land does not normally involve the storage or

disposal of large quantities of liquid waste or chemicals.

Clause 7.11 Essential services

Clause 7.11 states that 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:

a) the supply of water,

b) the supply of electricity,



c} the disposal and management of sewage,

d} storm water drainage or on-site conservation,

e} suitable road access.

The proposed development will satisfy the requirements of this clause. The

subject land is connected to available urban utilities. Adjustment or augmentation of existing service connections will be in accordance with the

requirements of the relevant supply authority.

The subject land is provided with suitable road access.

3.1.2 State Environmental Planning Policy 55 - Remediation of Land

Clause 7(1) of SEPP 55 Remediation of Land provides that 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.

The subject land has long been used for the purpose of a dwelling. It is

requested that Council not require soil testing or further assessment pertaining

to potential site contamination, particularly as this proposal only seeks to alter and extend an existing dwelling with no change to this existing use.

3.2 PROVISIONS OF DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

There are no known draft regional, state or local planning instruments that are

likely to affect the subject land or development.



3.3 PROVISIONS OF DEVELOPMENT CONTROL PLANS

Orange Development Control Plan 2004 (the DCP) sets certain Planning Outcomes to cover a broad range of development types and issues.

The DCP matters that are relevant to this proposal are considered below:

PO 9.3-1 PLANNING OUTCOMES -- INDUSTRIAL-SITE DEVELOPMENT

1. Buildings are set back a minimum of 10 metres from front boundaries (5 metres to a secondary boundary on a corner lot) for lots greater than l,000m2 or 5 metres for lots less than l,000m2 or otherwise to a setback consistent with existing setbacks in established areas. A 10m setback applies to lots that have frontage to Clergate Road.

2. Buildings cover up to 50% of the site area (excluding the area of accessways for battleaxe lots).

3. Landscaping is provided along boundaries fronting roads including trees with an expected mature height at least comparable to the height of buildings on the site. All sites contain an element of landscaping. Landscaping provided is of a bulk, scale and height relative to buildings nearest the front property boundary so as to provide beautification and visual relief to the built form proposed or existing on the site. The depth of the landscape bed at the site frontage is sufficient to accommodate the spread of plantings that meet the abovementioned outcomes but, where practicable, a minimum depth of 3.5m is provided. Plantings are designed to provide shade for parking areas, to break up large areas of bitumen, to enhance building preservation and to screen against noise.

4. Architectural features are provided to the front building fa<;ade to provide relief using such elements as verandahs, display windows, indented walls, etc.

5. External materials consist of non-reflective materials.

6. Adequate parking and on-site manoeuvring is provided.

7. Advertising involves business-identification signs within the front fa~ade and/or by a pole sign comparable to the relative height to the main building on the site.

8. Security fencing is located or designed in a manner that does not dominate the visual setting of the area.

The above Planning Outcomes are more pertinent to industrial developments.



In any case, the proposal is considered satisfactory as follows:

• The dwelling as altered and extended maintains a setback from Clergate Road that is much greater than the 10 metre minimum required by the DCP.

• The site coverage as a result of the proposed development remains well

below the 50% maximum allowed by the DCP.

• Landscaping is retained and is considered satisfactory given the modest visual impact of a dwelling in this industrial setting.

• The dwelling as altered and extended presents with reasonable architectural features with the front elevation comprised of windows,

verandah and pitched roof.

• The colour scheme is yet to be finalised but the proposed roof and wall sheeting for the dwelling can be provided in subdued tones with a non

reflective finish.

• Ample parking exists on site for the dwelling, noting that a new attached carport is also proposed.

• Ample area exists within the site for the on-site manoeuvring of vehicles associated with the dwelling.

• The proposal is for the alteration and extension of an existing dwelling.

advertising signage is not proposed.

• The proposal does not alter the existing fencing arrangements.

The DCP also sets the following Planning Outcomes that are specific to the

Clergate Road Industrial Area:

PO 9.4-1 PLANNING OUTCOMES- CLERGATE ROAD INDUSTRIAL AREA

1. A range of lot sizes are provided with a small number of large lots (2ha and greater) accessing Clergate Road and smaller lots (minimum area of 4,000m2) subject to the provision of sewerage facilities fronting new industrial roads.

2. Landscaped areas are established along the western ridge.



3. Clergate Road is upgraded to a rural collector road with a formed pavement width of 9 metres (sealed carriageways of 7 metres).

4. New roads are constructed with kerb and gutter and associated drainage structures.

5. Development is carried out in accordance with Section 9.3 above.

The proposal is not adverse to the above Planning Outcomes.

The DCP also sets the following Planning Outcome in relation to Energy

Efficiency:

PO 3.3-1 PLANNING OUTCOMES - ENERGY EFFICIENCY

1. Development is carried out in accordance with the principles from Council's Energy Smart Homes Code.

In consideration of Council's Energy Efficiency Code:

• The existing configuration and orientation of the dwelling makes it difficult to provide direct sun to the living areas. Notwithstanding, a BASIX Assessment has been obtained for the dwelling alterations and additions

(refer Annexure C). The dwelling as extended will comply with the provisions of BASIX in respect of water, thermal comfort and energy.

• Energy efficient influences of the design include modest glazing along the

southern side of the dwelling; and a verandah to provide shading along the

western elevation.

• The appropriate star rated water saving devices will be installed.

• The hot water system for the dwelling will be of a type that achieves the star rating recommended in the BASIX certificate.



3.4 MATTER PRESCRIBED BY THE REGULATIONS

The Environmental Planning and Assessment Regulation 2000 prescribes

certain matters that must be considered by Council in determining a development application. The following information is provided in respect of

the prescribed matters:

Demolition of a Building (Clause 92)

The proposal does not involve demolition of a building per se.

Fire Safety Considerations (Clause 93)

Not relevant.

Buildings to be Upgraded (Clause 94)

Not relevant

BASIX Commitments (Clause 97A)

A BASIX certificate is included in Annexure C of this report.

3.5 THE LIKELY IMPACTS OF THE DEVELOPMENT

3.5.1 Visual Impact

The proposed development is considered to be acceptable in terms of visual

impact due to the following:

• The proposal will improve the appearance of the existing dwelling.

• The dwelling will not appear prominent in any views to the subject land. It remains well setback from Clergate Road and is of modest bulk and scale.

• The external finishes will be selected in relatively subdued non-reflective

tones.

• Future landscaping will assist with visual integration and enhance the

amenity of the dwelling.



3.5.2 Traffic Impacts

The proposal will have a neutral effect in terms of traffic impact. It does not increase traffic volume or alter the existing access arrangements.

3.5.3 Air Quality

There are no aspects of the proposal that would affect the neighbourhood in

terms of dust, odour or atmospheric discharges.

3.5.4 Water Quality

There are no aspects of the proposal that would generate adverse impacts in

terms of water quality. The following measures would mitigate potential

impacts:

• Erosion and sediment control devices should be placed during the construction phase. Immediately after construction works have been

completed the exposed areas should be re-sown with appropriate grass

species.

• Stormwater drainage from the development will be provided in accordance with Council's normal requirements.

3.5.5 Impacts on Surrounding Development

The dwelling is an existing component of the land use pattern. Whilst consent is sought to alter and extend the dwelling, the proposal does not introduce a

new or unexpected land use.

As such the development does not alter the amenity of the area or increase the potential for land use conflict.

3.5.6 Biodiversity

Section 1.7 of the Environmental Planning & Assessment Act, 1979 requires

consideration of Part 7 of the Biodiversity Conservation Act, 2016 in relation to terrestrial environments; and Part 7 A of the Fisheries Management Act, 1994 in relation to aquatic environments. The proposal does not involve an

aquatic environment. As such, only Biodiversity Conservation Act, 2016

requires consideration.



There are four matters that may trigger the Biodiversity Offset Scheme to determine whether or not a Biodiversity Assessment Report (BOAR) is

required. These are considered below.

Whether the development occurs on land identified on the OEH Biodiversity Values Map

The proposal does not involve the clearing of native vegetation (or any other action prescribed by clause 6.1 of the Biodiversity Conservation Regulation

2016) on land included on the Biodiversity Values Map published under clause 7.3 of the Biodiversity Conservation Regulation 2016.

Whether the amount of native vegetation being cleared exceeds a threshold area based on the minimum lot size associated with the property

The proposal does not involve the clearing of native vegetation. As such it

would not exceed the threshold area of 0.25 hectare (allowed for a property of

that is subject to a MLS of less than 1 hectare).

Whether the development or activity is "likely to significantly affect threatened species"?

The natural state of the site and surrounding area has been highly modified by

the urban development pattern which has seen the removal of native

vegetation from the development site and its immediate surrounds.

Due to the developed and developing state of the site and its surrounds, the potential to attract less common native species is considered minimal. The habitat value of the site is low and it does not have realistic potential to re

establish into providing a habitat of value.

As such, the proposal is not likely to have an adverse effect on a threatened

species; endangered ecological community; or a critically endangered

ecological community or their habitat.



Whether the development or activity development or activity will be carried out in a declared area of outstanding biodiversity value?

No. The subject land is not a declared area of outstanding biodiversity value.

3.5.7 Social and Economic Impact

The proposal is satisfactory in terms of social and economic impact because:

• It maintains and improves an existing housing resource.

• It accommodates a family need.

• It may generate minor economic spinoffs attributed to construction works, purchase of materials and the like.

3.6 THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT

3.6.1 Physical Attributes

There are no aspects of the site that would suggest that it is not suitable for

the proposed development.

3.6.2 Availability of Utility Services

The site is connected to available urban utilities. Any further extension of

services is to be to the satisfaction of the relevant supply authority.

3.7 ANY SUBMISSIONS MADE IN ACCORDANCE WITH THIS ACT OR THE

REGULATIONS

According to Council's Planning & Development Community Participation Plan 2019 the proposal is identified as development that requires advertised exhibition as it represents "development in relation to existing use rights".



3.8 THE PUBLIC INTEREST

The proposed development is considered to be only of minor interest to the wider public due to the relatively localised nature of potential impacts.

The proposal is not inconsistent with any State or local planning policies, codes

or guidelines that have not been considered in this assessment.


Section 1.0

CONCLUSION

Approval of the proposal is sought on the following grounds:

• The proposal complies with the relevant provisions of Orange LEP 2011.

• The proposal relies on existing use rights and is considered satisfactory pursuant to Section 4.67 of the Environmental Planning & Assessment Act 1979, and Clauses 41, 42 and 43 of the Environmental Planning & Assessment Regulation 2000.

• The proposal complies with the relevant Planning Outcomes in Orange Development Control Plan 2004.

• Pursuant to Section 4.15 of the Environmental Planning & Assessment Act, 1979, the potential environmental impacts of the development are assessed as

reasonable and able to be addressed through appropriate design and relevant

conditions of consent.

• There do not appear to be any issues that would warrant refusal of the development application.

We trust that this application will be given favourable consideration by Council. Any

further enquiries may be directed to our office on 6361 2955.

Yours faithfully


Per: PETER BASHA


/ 6

BASI 'Certificate Building Sustainability Index www.basix.nsw.gov.au

Alterations and Additions Certificate number: A384550

Project address

Project name Street address Local Government Area Plan type and number Lot number Section number

023-20 176 Clergate Road Orange 2800 Orange City Council Deposited Plan 1083040 100

This certificate confirms that the proposed development will meet the NSW government's requirements for sustainability, if it is built in accordance with the commitments set out below. Terms used in this certificate, or in the commitments, have the meaning given by the document entitled "BASIX Alterations and Additions Definitions" dated 06/10/2017 published by the Department. This document is available at www.basix.nsw.gov.au

Secretary Date of issue: Tuesday, 28, July 2020 To be valid, this certificate must be lodged within 3 months of the date of issue.

Planning, Industry 8 Environment

Project type

Dwelling type

Type of alteration and addition

Separate dwelling house

My renovation work is valued at $50,000 or more, and does not include a pool (and/or spa).

Certificate Prepared by (please complete before submitting to Council or PCA)

Name I Company Name: TK Warboys

ABN (if applicable): 11859765120

BASIX Certificate number A384550 page 216

Fixtures and systems Show on Show on Certifier DA Plans CC/CDC Check

Plans& specs

Hot water The applicant must install the following hot water system in the development: gas instantaneous.

Lighting The applicant must ensure a minimum of 40% of new or altered light fixtures are fitted with fluorescent, compact fluorescent, or light-emitting-diode (LED) lamps.

Fixtures The applicant must ensure new or altered showerheads have a flow rate no greater than 9 litres per minute or a 3 star water rating.

The applicant must ensure new or altered toilets have a flow rate no greater than 4 litres per average flush or a minimum 3 star water rating.

The applicant must ensure new or altered taps have a flow rate no greater than 9 litres per minute or minimum 3 star water rating.

V V V

V V

V

V

V

V V

Planning, Industry & Environment Building Sustainability Index www.basix.nsw.gov.au

BASIX Certificate number: A384550 page 3 / 6

Construction Show on Show on Certifier DA Plans CC/CDC Check

Plans& specs

Insulation requirements The applicant must construct the new or altered construction (floor(s), walls, and ceilings/roofs) in accordance with the specifications listed in the table below, except that a) additional insulation is not required where the area of new construction is less than 2m2, b) insulation specified is not required for parts of altered construction where insulation already exists.

Construction Additional insulation required (R-value) Other specifications

✓ ✓ ✓

concrete slab on ground floor.

external wall: framed (weatherboard, fibro, metal clad)

flat ceiling, pitched roof

nil

1.80 (or R2.20 including construction)

ceiling: R3.50 (up), roof: foil/sarking medium (solar absorptance 0.475-0.70)


BASIX Certificate number A384550 page 4 I 6

Glazing requirements Show on Show on Certifier DA Plans CC/CDC Check

Plans & specs

Windows and glazed doors The applicant must install the windows, glazed doors and shading devices, in accordance with the specifications listed in the table below. Relevant overshadowing specifications must be satisfied for each window and glazed door.

The following requirements must also be satisfied in relation to each window and glazed door:

Each window or glazed door with improved frames, or pyrolytic low-e glass, or clear/air gap/clear glazing, or toned/air gap/clear glazing must have a U-value and a Solar Heat Gain Coefficient (SHGC) no greater than that listed in the table below. Total system U-values and SHGCs must be calculated in accordance with National Fenestration Rating Council (NFRC) conditions. The description is provided for information only. Alternative systems with complying U-value and SHGC may be substituted.

For projections described in millimetres, the leading edge of each eave, pergola, verandah, balcony or awning must be no more than 500 mm above the head of the window or glazed door and no more than 2400 mm above the sill.

For projections described as a ratio, the ratio of the projection from the wall to the height above the window or glazed door sill must be at least that shown in the table below.

Pergolas with polycarbonate roof or similar translucent material must have a shading coefficient of less than 0.35.

Pergolas with fixed battens must have battens parallel to the window or glazed door above which they are situated, unless the pergola also shades a perpendicular window. The spacing between battens must not be more than 50 mm.

Windows and lazed doors lazin re uirements

✓ ✓ ✓

✓

✓

✓

✓

✓ ✓ ✓

✓ ✓ ✓

✓

✓

✓

✓

Window/ door Orientation Area of no. glass

inc. frame (m2)

Overshadowing

Height Distance (m) (m)

Shading device Frame and glass type

Master Bed W 1.68 0 0 eave/verandah/pergola/balcony improved aluminium, clear/air gap/clear, I

>=450 mm (U-value: 4.12, SHGC: 0.66) N -- - ----·--- -

Hall 1.79 0 0 projection/height above sill ratio improved aluminium, clear/air gap/clear, >=0.43 (U-value: 4.12, SHGC: 0.66)

Dining w 2.94 0 0 projection/height above sill ratio improved aluminium, clear/air gap/clear, >=0.43 (U-value: 4.12, SHGC: 0.66)

--- --------- -------------------· -- - - -

Dining w 2.94 0 0 projection/height above sill ratio improved aluminium, clear/air gap/clear,


BASIX Certificate number A384550 page 5 I 6

Glazing requirements Show on Show on Certifier DA Plans CC/CDC Check

Plans & specs

Window / door Orientation Area of no. glass

inc. frame (m2)

Overshadowing Height Distance (m) (m)

Shading device Frame and glass type

>=0.43 (U-value: 4.12, SHGC: 0.66) Bedroom W 2.94 0 0 projection/height above sill ratio improved aluminium, clear/air gap/clear,

>=0.43 (U-value: 4.12, SHGC: 0.66) - -

Bedroom W 3.78 0 0 projection/height above sill ratio improved aluminium, clear/air gap/clear, >=0.43 (U-value: 4.12, SHGC: 0.66)

--·;------ ----------

Bedroom N 2.52 0 0 eave/verandah/pergola/balcony improved aluminium, clear/air gap/clear, >=450 mm (U-value: 4.12, SHGC: 0.66)

Bth/Pty/Ki E 1.92 0 0 eave/verandah/pergola/balcony improved aluminium, clear/air gap/clear, >=600 mm (U-value: 4.12, SHGC: 0.66)

Study N 1.2 0 0 eave/verandah/pergola/balcony improved aluminium, clear/air gap/clear, >=600 mm (U-value: 4.12, SHGC: 0.66)

Hall E 1.79 0 0 projection/height above sill ratio improved aluminium, clear/air gap/clear, >=0.43 (U-value: 4.12, SHGC: 0.66)

Ldry/ Ens s 1.09 0 0 eave/verandah/pergola/balcony improved aluminium, clear/air gap/clear, >=600 mm (U-value: 4.12, SHGC: 0.66)

Lounge s 1.35 0 0 eave/verandah/pergola/balcony improved aluminium, clear/air gap/clear, >=600 mm (U-value: 4.12, SHGC: 0.66)

Master Bed N 2.94 0 0 eave/verandah/pergola/balcony improved aluminium, clear/air gap/clear, >=600 mm (U-value: 4.12, SHGC: 0.66)


BASIX Certificate number A384550 page 6 / 6

Legend

In these commitments, "applicant" means the person carrying out the development.

Commitments identified with a"" in the "Show on DA plans" column must be shown on the plans accompanying the development application for the proposed development (if a development application is to be lodged for the proposed development).

Commitments identified with a"" in the "Show on CC/CDC plans & specs" column must be shown in the plans and specifications accompanying the application for a construction certificate I complying development certificate for the proposed development.

Commitments identified with a """ in the "Certifier check" column must be certified by a certifying authority as having been fulfilled, before a final occupation certificate for the development may be issued.


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