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DEVELOPMENT APPLICATION
for
Quarry
LOT 101 in DP 1049845
BUNDABAH ROAD
BUNDABAH
MID,COAS --- --_ T COUNCiL--
7 , DEe ZQ16
R~CORDS
PREPARED BY
TATTERSALL LANDER
PTYLTD
DEVELOPMENT CONSULTANTS
December 2016
DEVELOPMENT CONSULTANTS IN ENGINEERING, SURVEYING, PLANNING & ENVIRONMENTAL
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TABLE of CONTENTS
INTRODUCTION.. .......... ................................ ..................... ................ .................
3
SITE DESCRIPTION ..................................................................................................
3
THE PROPOSAL...................................................................................................... 3
LAND OWNERSHIP ............................. ... ........................ ........ ........ ........ .............. ....
4
STATE ENVIRONMENTAL PLANNING POLICY No. 71 - COASTAL PROTECTION.............. 5
STATEMENT OF ENVIRONMENTAL EFFECTS............................................... 10
GREAT LAKES LOCAL ENVIRONMENTAL PLAN 2014 ...............................................10
GREAT LAKES DEVELOPMENT CONTROL PLAN ......................................................
14
LIKELY ENVIRONMENTAL, SOCIAL AND ECONOMIC IMPACTS ....................................16
RURAL FIRES ACT 1997 .......................................................................................16
SUITABILITY OF THE SITE FOR THE DEVELOPMENT...................................................16
THE PUBLIC INTEREST.... .......................... ........ ............................. .... .............. .....
17
CONCLUSION ...................................................................................................
17
APPENDICES
ApPENDIX A: AERIAL PHOTOGRAPH
ApPENDIX B: PLANS
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INTRODUCTION
Site Description
The subject site is identified as Lot 101 in DP 1049845 and is located at Bundabah
Road, Bundabah in the MidCoast Local Government Area. The total site area is
approximately 66.76 hectares, and is bordered by North Arm Cove (to the west) and
Fame Cove (to the east).
The site is rural in nature and comprises a mix of both cleared and vegetated areas. The
topography is sloping with some steep sections towards the southern section of the site.
There are first order streams on the site (refer Strahler system) as well as a farm dam.
e There are no structures currently on the site.
The Proposal
The proposal is for the formalisation of an existing borrow pit to a quarry; this quarry is
for materials for use on site and will not exceed 25,000 cubic metres of material per
year. It is specifically noted that the proposal is not identified as designated
development.
Designated development for an extractive industry and as defined by schedule 3 of the
Environmental Planning and Assessment Regulation (2000) is an activity:
e(a) that obtain or process for sale, or reuse, more than 30,000 cubic metres of
extractive material per year,
Comment - The proposal shall excavate no more than 25,000 cubic metres per
year.
(b) that disturb or will disturb a total surface area of more than 2 hectares of land by:
(i) clearing or excavating, or
(ii) constructing dams, ponds, drains, roads or conveyors, or
(iii) storing or depos ng overburden, extractive material or tailings,
Comment - The area of the proposed quarry is approximately 0.5 hectare and is in
an area which has previously been cleared of vegetation. The proposed quarry shall
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not require a dam, pond, drains or conveyor, and the road to the proposed quarry
site is existing. Stockpiling of materials shall be limited and shall be undertaken so
as not to impact upon existing vegetation.
(c) that are located:
(i) in or within 40 metres of a natural waterbody, wetland or an environmentally
sensitive area,
Comment - Whilst there are first order streams on the site, the proposed quarry is
not within 40 metres of any of these stream, natural waterbodies, wetlands, or other
environmentally sensitive areas.
(ii) within 200 metres of a coastline,
Comment - The proposal is not within 200 metres of the coastline.
(iii) in an area of contaminated soil or acid sulphate soil,
Comment - The proposal is not in an area containing contaminated soil or ASS.
(iv) on land that slopes more than 18 degrees to the horizontal,
Comment - The proposed quarry is not located on land exceeding 18 degrees.
(v) if involving blasting, within 1,000 metres of a residential zone or within 500
metres of a dwelling not associated with the development,
Comment - No blasting shall occur during the operation of this quarry.
(vi) within 500 metres of the site of another extractive industry that has operated
during the last 5 years.
Comment - There are no other extractive industries within 500 metres of the
proposal.
e The location of the proposed quarry is identified on the attached plan (refer Appendix B).
Land Ownership
The subject site is owned by Tea Garden Farms Pty Limited and the relevant signatures
have been provided to enable lodgement of this Development Application.
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Photograph 1 - existing borrow pit
State Environmental Planning Policy 71 - Coastal Protection
The aims of this policy are:
(a) to protect and manage the natural, cultural, recreational and economic attributes of
the New South Wales coast, and
(b) to protect and improve existing public access to and along coastal foreshores to the
extent that this is compatible with the natural attributes of the coastal foreshore, and
(c) to ensure that new opportunities for public access to and along coastal foreshores
are identified and realised to the extent that this is compatible with the natural
attributes of the coastal foreshore, and
(d) to protect and preserve Aboriginal cultural heritage, and Aboriginal places, values,
customs, beliefs and traditional knowledge, and
(e) to ensure that the visual amenity of the coast is protected, and
(f) to protect and preserve beach environments and beach amenity, and
(g) to protect and preserve native coastal vegetation, and
(h) to protect and preserve the marine environment of New South Wales, and
(i) to protect and preserve rock platforms, and
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OJ to manage the coastal zone in accordance with the principles of ecologically
sustainable development (within the meaning of section 6 (2) of the Protection of the
Environment Administration Act 1991), and
(k) to ensure that the type, bulk, scale and size of development is appropriate for the
location and protects and improves the natural scenic quality of the surrounding
area, and
(I) to encourage a strategic approach to coastal management.
Comment - (a) The proposal is to be located in a previously cleared and disturbed area
so that it shall not impact upon the natural features of the site; the proposal shall not
impact upon the recreational attributes of the site and shall be of economic benefit to the
site.
e (b) The proposal shall not alter any existing legal foreshore ac ss and there is no
potential to increase any public access to the foreshore through the site.
(c) Refer previous point (b).
(d) Given the previously disturbed nature of this section of the site, it is considered that
there are no Aboriginal items etc of significance which may otherwise be impacted upon.
(e) The proposal will result in physical change to a small section of the site, however, it is
considered that the amenity shall be protected due to the location of the proposal, which
has been chosen to ensure that the project is not visible from any neighbouring
properties or public pla s.
(f) There are no beach environments in the location.
(g) The design of the proposal is such that there shall be no removal of any significant
coastal vegetation.
e (h) The proposal shall not impact upon the marine environment.
(i) There are no rock platforms in the vicinity of the development.
U) It is considered that the proposal is consistent with the principles of ESD.
(k) The type, bulk, and scale of the proposal is considered appropriate for the location
and the location has been selected to ensure that the natural scenic quality of the
location shall not be adversely affected.
(I) It is considered that the proposed development represents a strategic approach to
coastal management.
The matters for consideration under this policy are stipulated in clause 8 and include:
(a) the aims of this Policy set out in clause 2, 6
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(b) existing public access to and along the coastal foreshore for pedestrians or persons
with a disability should be retained and, where possible, public access to and along
the coastal foreshore for pedestrians or persons with a disability should be
improved,
(c) opportunities to provide new public access to and along the coastal foreshore for
pedestrians or persons with a disability,
(d) the suitability of development given its type, location and design and its relationship
with the surrounding area,
(e) any detrimental impact that development may have on the amenity of the coastal
foreshore, including any significant overshadowing of the coastal foreshore and any
significant loss of views from a public place to the coastal foreshore,
_ (f) the scenic qualities of the New South Wales coast, and means to protect and
improve these qualities,
(g) measures to conserve animals (within the meaning of the Threatened Species
Conservation Act 1995) and plants (within the meaning of that Act), and their
habitats,
(h) measures to conserve fish (within the meaning of Part 7 A of the Fisheries
Management Act 1994) and marine vegetation (within the meaning of that Part), and
their habitats
existing wildlife corridors and the impact of development on these corridors,
the likely impact of coastal processes and coastal hazards on development and any
likely impacts of development on coastal processes and coastal hazards,
measures to reduce the potential for conflict between land-based and water-based
coastal activities,
measures to protect the cultural places, values, customs, beliefs and traditional
knowledge of Aboriginals,
likely impacts of development on the water quality of coastal waterbodies,
the conservation and preservation of items of heritage, archaeological or historic
significance,
only in cases in which a council prepares a draft local environmental plan that
applies to land to which this Policy applies, the means to encourage compact towns
and cities,
(p) only in cases in which a development application in relation to proposed
development is determined:
(i)
(j)
(k)
e(I)
(m)
(n)
(0)
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(i) the cumulative impacts of the proposed development on the environment, and
(ii) measures to ensure that water and energy usage by the proposed development
is efficient.
Comment - (a) the aims of this policy have been addressed above.
(b) It is considered that the status quo shall remain and is acceptable with regard to
public access to the foreshore.
(c) The proposal will have no impact upon the foreshore access and there is no
requirement to Improve foreshore access shall through privately owned land.
(d) It is considered that the proposal is appropriate for the location as it will have no
adverse impacts upon the ecological qualities of the location, nor on the aesthetics.
(e) It is considered that the proposal shall have no detrimental impact upon the foreshore
and that there are no overshadowing issues of loss of views.
(f) The proposal will not have any adverse impact upon the scenic qualities of the New
South Wales coast.
(g) Given the disturbed nature of the site, it may be considered that an ecological
assessment is not required and that there will be no impact upon flora and fauna as a
result of this proposal.
(h) The proposal will not have any adverse impact upon fish, marine vegetation, or their
habitats as the proposal does not include any structures in or over the water and there
shall be no discharge of runoff as a result of the proposal.
(i) Given that no vegetation of significance is to be removed, it may be stated that there
will be no impact upon wildlife corridors.
The location of the proposal is such that there will be no impact on coastal process
and the proposal shall not be impacted upon by coastal processes.
(k) The proposal will not result in any conflict between land and water based activities or
uses.
(I) As stated previously, this location has seen previous disturbance to the degree that it
is considered that there can be no Aboriginal significance; during excavation work, if any
items of suspected Aboriginal significance are located, works shall cease immediately
and both the NSW Police and National Parks and Wildlife Service are to be notified;
works will not recommence until given the "go-ahead" by the relevant authorities.
(m) The proposal will not have any impact upon any waterbodies.
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(n) There are no known or suspected items of heritage or historical significance on the
site, however, should any suspected such items be discovered, works shall cease
immediately and the relevant authorities shall be notified.
(0) There are no draft LEPs relevant to this site and hence this point is not relevant.
(p) It is considered that the proposal shall not contribute towards cumulative
development impacts.
Other clause of this policy which are relevant include:
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14 Public access
A consent authority must not consent to an application to carry out development on land
to which this Policy applies if, in the opinion of the consent authority, the development
will, or is likely to, result in the impeding or diminishing, to any extent, of the physical,
land-based right of access of the public to or along the coastal foreshore.
Comment - The proposal will in no way result in any diminishing land based (or water
based) access to the coastal foreshore, either actual or perceived.
e
15 Effluent disposal
The consent authority must not consent to a development application to carry out
development on land to which this Policy applies in. which effluent is proposed to be
disposed of by means of a non-reticulated system if the consent authority is satisfied the
proposal will, or is likely to, have a negative effect on the water quality of the sea or any
nearby beach, or an estuary, a coastal lake, a coastal creek or other similar body of
water, or a rock platform.
Comment - The proposal will not result in any effluent production and hence this clause
is not relevant.
16 Stormwater
The consent authority must not grant consent to a development application to carry out
development on land to which. this Policy applies if the consent authority is of the opinion
that the development will, or is likely to, discharge untreated stormwater into the sea, a
beach, or an estuary, a coastal lake, a coastal creek or other similar body of water, or
onto a rock platform.
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Comment - No untreated stormwater shall be, or is likely to be discharged into the
adjacent North Arm or Fame Coves, or into any of the first order streams on the subject
site.
STATEMENT OF ENVIRONMENTAL EFFECTS
Great Lakes Local Environmental Plan 2014
The subject site is zoned RU2 - Rural Landscape under the LEP (Map LZN_006). The
objectives of the RU2 zone are:
e . To encourage sustainable primary industry production by maintaining and
enhancing the natural resource base.
. To maintain the rural landscape character of the land.
. To provide for a range of compatible land uses, including extensive agriculture.
. To provide for rural tourism in association with the primary industry capability of
the land which is based on the rural attributes of the land.
. To secure a future for agriculture in the area by minimising the fragmentation of
rural land and loss of potential agricultural productivity.
Comment - The proposal is permissible with consent under the provisions of the LEP
and is consistent with the above stated objectives.
tit Clause 5.5 Development within the coastal zone
(1) The objectives of this clause are as follows:
(a) to provide for the protection of the coastal environment of the State for the
benefit of both present and future generations through promoting the principles
of ecologically sustainable development,
Comment - The proposal is considered acceptable and appropriate for the location
as, although it is located within the coastal zone, the quarry will not be visible from
the water or any other public place. The material is to be used for road construction
on the site and it is considered that the extraction of the required material on site,
close to the works, is the most ecologically sustainable method of extraction.
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(b) to implement the principles in the NSW Coastal Policy, and in particular to:
(i) protect, enhance, maintain and restore the coastal environment, its
associated ecosystems, ecological processes and biological diversity and
its water quality, or
(ii) protect and preserve the natural, cultural, recreational and economic
attributes of the NS W coast,
provide opportunities for pedestrian public access to and along the
coastal foreshore, and
recognise and accommodate coastal processes and climate change, and
protect amenity and scenic quality, and
protect and preserve rock platforms, beach environments and beach
amenity, and
protect and preserve native coastal vegetation, and
protect and preserve the marine environment, and
ensure that the type, bulk, scale and size of development is appropriate
for the location and protects and improves the natural scenic quality of the
surrounding area, and
(x) ensure that decisions in relation to new development consider the broader
and cumulative impacts on the catchment, and
(xi) protect Aboriginal cultural places, values and customs, and
(xii) protect and preserve items of heritage, archaeological or historical
significance.
Comment - the actual location of the proposal is such that there shall be no
e impact upon coastal systems, the ecology, flora and fauna, archaeological,
Aboriginal, or other heritage items, scenic quality or rock platforms.
(2) Development consent must not be granted to development on land that is wholly or
partly within the coastal zone unless the consent authority has considered:
(a) existing public access to and along the coastal foreshore for pedestrians
(including persons with a disability) with a view to:
(i) maintaining existing public access and, where possible, improving that
access, and
(ii) identifying opportunities for new public access, and
(b) the suitability of the proposed development, its relationship with the surrounding
area and its impact on the natural scenic quality, taking into account:
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(iii)
(iv)
(v)
(vi)
e(vii)
(viii)
(ix)
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(i) the type of the proposed development and any associated land uses or
activities (including compatibility of any land-based and water-based
coastal activities), and
(ii) the location, and
(iii) the bulk, scale, size and overall built form design of any building or work
involved, and
(c) the impact of the proposed development on the amenity of the coastal
foreshore including:
(i) any significant overshadowing of the coastal foresh re, and
(ii) any loss of views from a public place to the coastal foreshore, and
(d) how the visual amenity and scenic qualities of the coast, including coastal
headlands, can be protected, and
(e) how biodiversity and ecosystems, including:
(i) native coastal vegetation and existing wildlife corridors, and
(ii) rock platforms, and
(iii) water quality of coastal waterbodies, and
(iv) native fauna and native flora, and their habitats,
can be conserved, and
(f) the cumulative impacts of the proposed development and other development on
the coastal catchment.
Comment -These points (Subclause (2)) have all been addressed in SEPP 71
(above) and the proposal is considered acceptable in this regard. Additionally, it is to
be noted that the proposal will not result in any overshadowing or impact upon any
views.
e
(3) Development consent must not be granted to development on land that is wholly or
partly within the coastal zone unless the consent authority is satisfied that:
(a) the proposed development will not impede or diminish, where practicable, the
physical, land-based right of access of the public to or along the coastal
foreshore, and
(b) if effluent from the development is disposed of by a non-reticulated system, it
will not have a negative effect on the water quality of the sea, or any beach,
estuary, coastal lake, coastal creek or other similar body of water, or a rock
platform, and
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(c) the proposed development will not discharge untreated stormwater into the sea,
or any beach, estuary, coastal lake, coastal creek or other similar body of water,
or a rock platform, and
(d) the proposed development will not:
(i) be significantly affected by coastal hazards, or
(ii) have a significant impact on coastal hazards, or
(iii) increase the risk of coastal hazards in relation to any other land.
Comment -These points (Subclause (3)) have all been addressed in SEPP 71
(above) and the proposal is considered acceptable in this regard.
Clause 7.1 Acid sulfate soils
Comment - The relevant mapping identifies the site as Class 5 Acid Sulfate; this
classification requires further investigation for development including works within 500
metres of an adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height
Datum AND by which the watertable is likely to be lowered below 1 metre Australian
Height Datum on adjacent Class 1, 2, 3 or 4 land. Whilst the proposal is within 500
metres of ASS Class 1, 2 and 4 land, the proposal will not result in a lowering of the
watertable on this land and therefore no further investigation or comment is required in
this regard.
7.2 Earthworks
(1) The objective of this clause is to ensure that earthworks for which development
consent is required will not have a detrimental impact on environmental functions
and processes, neighbouring uses, cultural or heritage items or features of the
surrounding land.
(2) Development consent is required for earthworks unless:
(a) the earthworks are exempt development under this Plan or another applicable
environmental planning instrument, or
(b) the earthworks are ancillary to development that is permitted without consent
under this Plan or to development for which development consent has been
given.
(3) Before granting development consent for earthworks (or for development involving
ancillary earthworks), the consent authority must consider the following matters:
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(a) the likely disruption of, or any detrimental effect on, drainage patterns and soil
stability in the locality of the development,
(b) the effect of the development on the likely future use or redevelopment of the
land,
(c) the quality of the fill or the soil to be excavated, or both,
(d) the effect of the development on the existing and likely amenity of adjoining
properties,
(e) the source of any fill material and the destination of any excavated material,
(f) the likelihood of disturbing relics,
(g) the proximity to, and potential for adverse impacts on, any waterway, drinking
water catchment or environmentally sensitive area,
(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts
of the development.
Comment - The proposal shall include earthworks. These earthworks shall include the
appropriate erosion and sediment control measures and it is considered that the
proposal shall not impact upon the existing drainage regime. All excavated materials are
to be used on site for road construction. The location of the proposed quarry is greater
than 40 metres from any stream or waterbody.
7.5 Stormwater Management
Comment - A stormwater management plan is not required for this proposal - the
erosion and sediment control plan shall ensure no runoff issues and runoff from the area
e shall simply be dispersed via infiltration. It is specifically noted that the proposal will not
increase any impermeable areas.
Great Lakes Development Control Plan
The overriding aim of this DCP is to create and maintain a high level of development and
environmental quality throughout the Great Lakes.
The objectives and controls within this Plan therefore aim to:
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It
. ensure development responds to the characteristics of the site and the qualities
of the surrounding neighbourhood.
. ensure new development creates a unified landscape and contributes to the
streetscape.
. ensure development reinforces the importance of pedestrian areas and creates
an attractive design outcome.
. inspire design innovation for residential, commercial and industrial development.
. provide a high level of access to and within development.
. protect environmentally sensitive areas from over-development or visually
intrusive development so that scenic qualities, as well as the biological and
ecological values of those areas, are maintained.
. achieve environmentally, economically and socially sustainable development for
the community of the Great Lakes.
The proposal is considered consistent with the character of the area and will not result in
any adverse environmental, social, or economic impacts. It is considered that the
proposal is consistent with the aims and objectives of the DCP. The relevant sections of
the Great Lakes Development Control Plan have been addressed below:
e
4 Environmental Considerations
4.1 Ecological Impacts
Given the area of the site relevant to the proposal is devoid of any vegetation of
significance, and that adequate erosion and sediment control procedures shall be in
place, it is considered that the proposal will not and cannot have any adverse ecological
impacts.
4.7 Bush Fire
Given that the proposal does not involve any structures and is not located within 10
metres of any structure, it may be stated that there are no issues relating to bush fire
protection planning or management, and that speCifically there is no requirement for a
bush fire assessment.
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Likely Environmental, Social and Economic Impacts
Environmental - the proposal will not require the removal of any vegetation of
significance and it is considered that the proposal will not have any notable adverse
environmental impact. The fact that the material is to be used on site means that in
effect it may be considered that the proposal will have a positive environmental impact
by reducing transport kilometres, as without this quarry, material would be required to be
quarried elsewhere and transported to site.
Social - the proposal will not have any adverse social impact.
Economic - the proposal will not have any adverse economic impacts.
It
Rural Fires Act 1997
The site is identified as bush fire prone on the Great Lakes bush fire Prone Land Map
and a site investigation has revealed that this is accurate; due to the fact that the
proposal does not include any structures and is not within 10 metres of any structure, a
bush fire assessment is not required.
Suitability of the Site for the Development
The site is considered suitable for the proposal for the following reasons:
e. The site is zoned appropriately for the proposal.
. The relevant clauses of the relevant Environmental Planning Instruments are
satisfactorily met.
. There will be no adverse environmental, social, or economic impacts.
. There are no site constraints which would otherwise impede or prevent this
development.
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The Public Interest
It is considered that there are no reasons relevant to the public interest which would
otherwise cause the delay or refusal of this proposal.
CONCLUSION
This proposal is for a quarry which is not designated development, at Bundabah Road,
Bundabah - Lot 101 in DP1049845 in the MidCoast Local Government Area.
The relevant Planning Instruments have all been addressed and the proposal is
considered compliant in all regards and is hereby submitted to MidCoast Council for
assessment and approval.
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