Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS

Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS

Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS

DEVELOPMENT APPLICATION NO. 955/12 - ANIMAL ESTABLISHMENT (DOG BOARDING FACILITY – CHANGE OF USE) - LOT 5 DP 876129, 81D OLD BUCCA ROAD, MOONEE BEACH Purpose: This report describes Development Application No. 955/12 for an Animal Establishment (Dog Boarding Facility – Change of Use) at Lot 5, DP 876129, 81D Old Bucca Road, Moonee Beach. The application is recommended for approval as a deferred commencement consent. The deferred matter requires the proponent to obtain separate development consent and a civil works construction certificate for required upgrading works to the right-of-carriageway.

Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 402

Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS

At its meeting of 15 December 2005, Council resolved: 1. That development applications for approval involving substantial aspects of the following elements be referred to Council for determination: - Significant public interest and community input; - Substantial non-compliance with relevant strategic controls; - Significant land use; - Major environmental issue(s); Following public notification of the proposal, 57 submissions were received by Council. Accordingly, this matter is reported to Council for determination due to significant public interest and community input.

Description of Item: Proposal The subject site is located approximately 500 metres south of Old Bucca Road, with access via a right-of-carriageway.

The site is surrounded by vegetation to the north, the Orara State Forest to the west and land used for rural residential and agricultural purposes to the east and south. The proposal is for a dog boarding facility, involving the use of an existing rural shed and existing wire enclosures adjoining the shed. The following works need to be undertaken to convert the existing rural shed to this facility:  installation of dog kennel enclosures;  construction of partition walls to create office, reception and storage/dog wash areas;  installation of onsite effluent disposal system;  extension of driveway and carparking and manoeuvring areas; and  upgrade works for the purposes of providing appropriate access and facilities for persons with a disability.

It is proposed that the facility be operated by the landowners and accommodate up to 40 dogs at any one time. It is intended that the facility operate 7 days per week with pick up and drop off times limited to between 9 to 10.30am and 3 to 4.30pm. Wastewater treatment for the development is proposed via an onsite system. Solid animal waste will be removed manually and placed in storage bins for collection. The development will be serviced by tank water, to be supplemented by the existing onsite farm dam if necessary.

Access to the development is to be gained via the right-of-carriageway, which both burdens and benefits the subject site, whilst providing access to five other properties.

The right-of- carriageway, which is 6 metres wide with a gravel surface, runs from Old Bucca Road along the eastern boundary of four properties before it reaches the subject site. The right-of- carriageway then continues along the eastern boundary of the subject site and beyond to the south. Assessment of the proposal has determined that the existing access cannot satisfactorily accommodate the additional traffic generated by the proposed development. Consequently, the developer will be required to undertake upgrade works to the right-of-carriageway, which will include intersection widening, passing bays (and associated signage) and installation of flood depth markers.

It is anticipated that these works will address any safety concerns for existing and unfamiliar users of the access to the animal establishment. Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 403

Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS

It is anticipated that the additional traffic movements generated by the development will increase dust nuisance to nearby residents. To address potential dust nuisance the developer will be required to seal the access in those sections located near housing. The upgrade works to the right-of-carriageway will require separate development consent and the issue of a construction certificate. These works will be required to be completed prior to the animal establishment commencing operation. Copies of plans of the proposal are included in this report at Attachment 2. Sustainability Assessment:  Environment The site is currently used for rural residential purposes and has been previously cleared for agricultural activities.

There is an area of vegetation remaining in the northern section of the site, which is mapped as tertiary koala habitat.

The development is considered to be consistent with the provisions of the Coffs Harbour City Koala Plan of Management. The development is considered to meet the relevant objectives and management actions of the Plan with regard to tertiary habitat. The proposed development, which involves the use of an existing rural shed and wire enclosures adjoining the shed, would not require the removal or disturbance of any koala habitat. Furthermore, the proposed development is not expected to affect the ability of koalas to utilise habitat resources on the site or to move through the site to access adjacent areas of habitat.

All dogs will be confined and controlled, which will further ensure that koalas are not endangered.

Subject to the development satisfactorily addressing access, dust, noise, odour and waste management considerations it is unlikely to result in significant adverse environmental impacts.  Social The proposed development is not expected to result in any significant adverse social or economic impacts in the locality. The development is not expected to result in any significant or unreasonable traffic, noise or odour impacts in the locality. The proposed facility will provide for additional dog boarding opportunities within the Coffs Harbour Local Government Area for local residents and people traveling to the region.

 Civic Leadership The proposed development has been assessed in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and all relevant Council controls and policies. The proposal is consistent with the aims and objectives of the Coffs Harbour 2030 Community Strategic Plan. Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 404

Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS

 Economic Broader Economic Implications There are no broader economic implications resulting from the proposal. Delivery Program/Operational Plan Implications There are no implications for Council’s Delivery Program / adopted Operational Plan resulting form the proposal.

Consultation:  Community The application was advertised and notified to adjoining landowners between 3 September to 20 September 2012 and 2 October to 18 October 2012 and 57 submissions were received. A full copy of the submissions are a confidential attachment to this report. They are a confidential attachment as they contain personal and private information that is not appropriate to be fully disclosed under the Privacy and Personal Information Protection Act.

The matters raised in those submissions are discussed in the Section 79C evaluation attached to this report.  Technical The application has been reviewed by Council’s City Services (engineering), Land Use Management and Health sections (noise, waste management, onsite effluent disposal and odour considerations) and the recommended conditions/actions have been incorporated into the evaluation process and consent conditions. Related Policy and / or Precedents: There are no related policies or precedents relevant to this proposal. Statutory Requirements:  Section 79C Evaluation: Section 79C of the Environmental Planning and Assessment 1979, specifies the matters which a consent authority must consider when determining a development application.

The consideration of matters is limited in so far as they must be of relevance to the particular application being examined.

The Section 79C evaluation is attached to this report and provides a detailed assessment of the application.  Relevant Statutory Instruments: - Coffs Harbour Local Environmental Plan 2000. - Draft Coffs Harbour Local Environmental Plan 2012. - North Coast Regional Environmental Plan (deemed State Environmental Planning Policy). - State Environmental Planning Policy No. 55 – Remediation of Land. Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 405

Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS

- Off Street Carparking Development Control Plan. - Rural Lands Development Control Plan.

- Waste Management Development Control Plan. - Access and Mobility Development Control Plan. - Notification Development Control Plan. Each of these statutory instruments is considered in detail in the Section 79C assessment attached to this report. Issues: Primary issues relating to this development are discussed in this section. The Section 79C evaluation provides a more comprehensive evaluation of the proposal.  Noise and Odour Impact The development can achieve compliance with relevant environmental acoustic controls, subject to the imposition of conditions to mitigate any potential acoustic impacts in the locality.

These conditions relate to the treatment of openings, the ventilation system and the treatment of isolation kennels in the facility.

Similarly in relation to odour, whilst the development can achieve compliance with relevant odour controls, several conditions have been imposed to mitigate any potential odour impacts in the locality. These conditions relate to the storage and deodorizing of ‘excrement bins’ and the wash down of kennels and internal exercise areas. In this regard, the developer will be required to submit a Noise and Odour Management Plan to Council for consideration, which will be required to address matters such as: the method and program for regular cleaning and disinfection proposed for all areas; details of a complaint management system; and details of the appointment of a liaison person to represent the animal establishment operator and to liaise with neighbouring property owners/ occupiers in relation to the operation of the animal establishment.

The development can achieve compliance with relevant acoustic and odour controls at the nearest affected residence and adjoining residential zone.  Waste Management It is intended that all animal excrement be manually collected and disposed of into Council’s waste system. All animal solid waste will be required to be collected and placed in a general waste bin for collection.

Whilst there is an existing bin storage area located on the site adjoining the right-of- carriageway, the ‘excrement bin’ will be required to be stored adjoining the kennel building and placed out for collection on the day of collection. The development provides for appropriate waste management.  Buffers The animal establishment facility is located approximately 130 metres from the northern property boundary, 172 metres from the eastern boundary, 107 metres from the southern boundary and 30 metres from the western boundary. It should be noted that the property adjoins state forest to the west and is surrounded by a substantial amount of vegetation to the north and north-east.

Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 406

Whilst the Rural Lands Development Control Plan and ‘Living and Working in Rural Areas’ (a guideline prepared by the Centre for Coastal Agricultural Landscapes) recommends certain buffer distances for odour and noise (being 500 metres), the proposal provides for appropriate noise attenuation and management of odour. On this basis it is considered that appropriate buffers have been provided from the development to the nearest affected residence and adjoining residential zone.

It should be further noted that ‘Living and Working in Rural Areas’ is a guideline prepared by the Centre for Coastal Agricultural Landscapes. The document does not contain statutory controls that are required to be considered by Council as part of its assessment of applications.

 Access As outlined above, access to the development is to be gained via the right-of- carriageway, which both burdens and benefits the subject site, whilst providing access to five other properties. The existing access cannot satisfactorily accommodate the additional traffic generated by the proposed development. Consequently, the developer will be required to undertake upgrade works to the right-of-carriageway, which will include intersection widening, passing bays (and associated signage) and installation of flood depth markers. It is anticipated that these works will address any safety concerns for existing and unfamiliar users of the access to the animal establishment.

It is anticipated that the additional traffic movements generated by the development will increase dust nuisance to nearby residents. To address potential dust nuisance the developer will be required to seal the access in those sections located near housing. The upgrade works to the right-of-carriageway will require separate development consent and the issue of a construction certificate. These works will be required to be completed prior to the animal establishment commencing operation. The right-of-carriageway upgrade works are covered in the recommended conditions as a deferred matter. The ongoing maintenance of the right-of-carriageway is a private matter to be resolved between the landowners, which are burdened by and benefit from the right-of- carriageway.

This matter is outside Council’s consideration of the current application.  Process Due to a clerical error the application was originally advertised and notified for 14 days as ‘Animal Establishment (Day Boarding Facility)’ rather than ‘Animal Establishment (Dog Boarding Facility)'. Given the error, the application was re-advertised and notified for a further 14 days to ensure proper process.

Implementation Date / Priority: A Development Consent is valid for five years from the date of issue. The consent may or may not be acted upon. The consent may be acted upon immediately following issue date or delayed until closer to the expiry date of the consent. When the consent is acted upon is a matter of the discretion of the property owner/developer. Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 407

Recommendation: 1. That Development Application No. 955/12 for an Animal Establishment (Dog Boarding Facility – Change of Use) at Lot 5, DP 876129, 81D Old Bucca Road, Moonee be approved subject to conditions attached to this report (Attachment 3) 2.

That those persons who lodged submissions on Development Application No. 955/12 be informed of Council’s decision. Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 408

Attachment 1 Section 79C Assessment Development Application 955/12 a. the provisions of, i. any environmental planning instrument, and  Mid North Coast Regional Strategy The Mid North Coast Regional Strategy is primarily an overarching planning document, which guides Councils in setting regional parameters for future strategic planning. The proposed animal establishment is consistent with the objectives outlined in the Strategy.  State Environmental Planning Policy - North Coast Regional Environmental Plan The North Coast Regional Environmental Plan is a deemed state environmental planning policy (SEPP).

The proposal is considered to be consistent with the aims and objectives of the Plan.

Clauses of particular relevance are discussed below: Clause 12 – Impact of development on agricultural activities The subject site is zoned 1A Agriculture and adjoins land zoned for agricultural purposes to the east and south. The subject site and adjoining land does not constitute prime crop or pasture land. The development will not result in the loss of prime crop or pasture land.  State Environmental Planning Policy No. 55 – Remediation of Land The subject site is currently used for rural residential purposes and was previously used for various agricultural activities. Part of the subject site is mapped as potentially contaminated under Council’s Agricultural Chemical Residues Policy.

Given that the proposal involves the use of an existing rural shed, no further investigations in relation to agricultural chemical residues or other forms of contamination have been undertaken or are necessary.

 Coffs Harbour City Local Environmental Plan (LEP) 2000 Zoning The site is zoned Rural 1A Agriculture. The proposed development is defined as an ‘animal establishment’, which is identified as permissible with consent in the Rural 1A Agriculture zone. Clauses that are of particular relevance are discussed below: Clause 12 – Koala Habitat Parts of the site are mapped as tertiary koala habitat. The proposed development is considered to meet the relevant objectives and management actions of the Coffs Harbour City Council Koala Plan of Management in relation to tertiary habitat. Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 409

Attachment 1 The proposed development, which involves the use of an existing rural shed and wire enclosures adjoining the shed, does not require the removal or disturbance of any koala habitat. Furthermore, the proposed development is not expected to affect the ability of koalas to utilise habitat resources on site or to move through the site to access adjacent areas of habitat. All dogs using the facility will be confined and controlled, which will further ensure that koalas are not endangered. Clause 14 – Services The subject site is not connected to Council’s reticulated sewer and water systems.

With regard to sewerage, it is necessary for the developer to provide for onsite effluent disposal. An onsite effluent disposal report was submitted with the application. Appropriate onsite effluent disposal is achievable, subject to the submission and approval of a revised report, which provides further detail in relation to primary treatment methods.

In relation to water supply the applicant has indicated that the facility will be serviced by tank water, to be supplemented by the existing onsite farm dam if necessary. Clause 23 – Environmental Hazards The subject land is mapped as Class 5 potential acid sulfate soils. As the proposal does not involve works within 500 metres of adjacent Class 1, 2, 3 or 4 land, which are likely to lower the watertable below 1 metre AHD, no further investigations into acid sulfate soils are required. The subject site is identified as potentially flood prone. Given that the development is located on a higher portion of the site, no significant impacts as a result of flooding are expected.

ii. The provisions of any draft environmental planning instrument The draft Coffs Harbour Local Environmental Plan 2012 applies to the proposed development. The subject land is zoned RU2 Rural Landscape under the provisions of the draft Plan and the proposed development is defined as an ‘animal boarding or training establishment’, which is identified as a permissible land use with development consent. Clauses of particular relevance are discussed below: Clause 7.1 – Acid Sulfate Soils The subject land is mapped as Class 5 potential acid sulfate soils. As the proposal does not involve works within 500 metres of adjacent Class 1, 2, 3 or 4 land, which are likely to lower the watertable below 1 metre AHD, no further investigations into acid sulfate soils are required.

Clause 7.10 – Essential Services The subject site is not connected to Council’s reticulated sewer and water systems. With regard to sewerage, it is necessary for the developer to provide for onsite effluent disposal. An onsite effluent disposal report was submitted with the application. Appropriate onsite effluent disposal is achievable, subject to the submission and approval of a revised report, which provides further detail in relation to primary treatment methods. Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 410

Attachment 1 In relation to water supply the applicant has indicated that the facility will be serviced by tank water, to be supplemented by the existing onsite farm dam if necessary.

Clause 7.11 – Flood Planning Given that the development is located on a higher portion of the site, no significant impacts as a result of flooding are expected. Clause 7.12 – Koala Habitat Parts of the site are mapped as tertiary koala habitat. The proposed development is considered to meet the relevant objectives and management actions of the Coffs Harbour City Council Koala Plan of Management in relation to tertiary habitat. iii. any Development Control Plan (DCP)  Off Street Carparking DCP The development proposes three carparking spaces, one of which is an accessible space, adjoining the building entrance.

Council’s Off Street Carparking DCP does not specify a rate for ‘animal establishments’. The carparking provided, however, is considered satisfactory for the development given the nature and scale of the development. There is additional overflow parking available on the site.  Access and Mobility DCP The development provides for appropriate access and facilities and is consistent with the requirements of the DCP. In this regard, the development provides for an accessible space adjoining the building and appropriate access into the eastern side of the building. There is an existing toilet facility located in an existing rural shed adjoining the development.

Council is satisfied that the required access and facilities can be provided to the development, with further details to be provided prior to issue of a Construction Certificate.

 Waste Management DCP It is intended that all animal excrement be manually collected and disposed of into Council’s waste system. The application was referred to Council’s Health section for review and comment in relation to waste management. The Health section has advised that all animal solid waste will be required to be collected and placed in a general waste bin for collection. Whilst there is an existing bin storage area located on the site adjoining the right-of- carriageway, the ‘excrement bin’ will be required to be stored adjoining the kennel building and placed out for collection on the day of collection from Old Bucca Road.

Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 411

Attachment 1  Rural Lands DCP The development is consistent with the provisions of this Plan. It is considered that the proposed development is compatible with the rural locality. The development provides for appropriate buffers, onsite effluent disposal, water supply and stormwater management to an above ground tank. The animal establishment facility is located approximately 130 metres from the northern property boundary, 172 metres from the eastern boundary, 107 metres from the southern boundary and 30 metres from the western boundary. It should be noted that the property adjoins state forest to the west and is surrounded by a substantial amount of vegetation to the north and north-east.

Whilst this Plan recommends a certain buffer distance for intermittent odour and noise (being 500 metres) the proposal provides for appropriate noise attenuation and management of odour. On this basis it is considered that appropriate buffers have been provided from the development to the nearest affected residence and adjoining residential zone. As outlined above, an onsite effluent disposal report was submitted with the application. Council is satisfied that appropriate onsite effluent disposal is achievable, subject to the submission and approval of a revised report, which further details primary treatment methods.

In relation to water the applicant has indicated that the development will be serviced by tank water, to be supplemented by the existing onsite farm dam if necessary. Stormwater will be directed to an above ground tank, with excess dissipated on the surrounding surface.  Notification DCP The development application was advertised and notified to adjoining landowners in accordance with the provisions of the Plan and 57 submissions were received. The issues raised in these submissions are discussed below in Section 79C (d). iv. the regulations (to the extent that may prescribe matters for the purposes of this paragraph), that apply to the land to which the development application relates, Clause 92 of the Environmental Planning and Assessment Regulations 2000 requires that the NSW Coastal Policy 1997, be considered in the determination of development applications.

As the subject site is not located within the coastal zone the provisions of the Policy do not apply.

b. the likely impacts of that development, including environmental impacts, on both the natural and built environments, and social and economic impacts in the locality, 1. The natural environment The site is currently used for rural residential purposes and has been previously cleared for agricultural activities. There is an area of vegetation remaining in the northern section of the site, which is mapped as tertiary koala habitat. The development is considered to be consistent with the provisions of the Coffs Harbour City Koala Plan of Management. The development is considered to meet the relevant objectives and management actions of the Plan with regard to tertiary habitat.

Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 412

Attachment 1 The proposed development, which involves the use of an existing rural shed and wire enclosures adjoining the shed, would not require the removal or disturbance of any koala habitat. Furthermore, the proposed development is not expected to affect the ability of koalas to utilise habitat resources on the site or to move through the site to access adjacent areas of habitat. All dogs will be confined and controlled, which will further ensure that koalas are not endangered. Subject to the development satisfactorily addressing access, dust, noise, odour and waste management considerations it is unlikely to result in significant adverse environmental impacts.

2. Social and Economic Impacts The proposed development is not expected to result in any significant adverse social or economic impacts in the locality. The development is not expected to result in any significant or unreasonable traffic, noise or odour impacts in the locality. The proposed facility will provide for additional dog boarding opportunities in within the Coffs Harbour Local Government Area for local residents and people travelling to the region. c. the suitability of the site for the development, It is considered that the attributes of the site are conducive to the proposed development.

The proposal satisfies the provisions of all relevant environmental planning instruments, development control plans and policies.

d. any submissions made in accordance with this Act or the regulations, The application has been reviewed by Council’s City Services (engineering), Land Use Management and Health (noise, waste management, onsite effluent disposal and odour considerations) sections and the recommended conditions/actions have been incorporated into the evaluation process and consent conditions. As outlined above, the application was advertised and notified to adjoining landowners and 57 submissions were received. Of these 6 indicated support for the development. The issues primarily raised in the submissions are summarised below.

Comments in response to the issues raised have been provided where relevant.

Potential noise and odour impacts  The development would result in noise impacts from barking dogs and additional traffic movements.  The development has not been designed to minimise noise impacts.  The development does not consider potential noise impacts to future urban/residential development.  The submitted acoustic assessment lacks appropriate detail and noise mitigation measures are not detailed on the plans.  The noise levels would breach the requirements of the Protection of the Environment Operations Act 1997.

Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 413

Attachment 1  The development would result in odour impacts, which have not been appropriately addressed in the application. Comment: The development can achieve compliance with relevant environmental acoustic controls, subject to conditions that have been imposed to mitigate any potential acoustic impacts in the locality. These conditions relate to the treatment of openings, the ventilation system and the treatment of isolation kennels in the facility. Similarly in relation to odour, whilst the development can achieve compliance with relevant odour controls, several conditions have been imposed to mitigate any potential odour impacts in the locality.

These conditions relate to the storage and deodorizing of ‘excrement bins’ and the wash down of kennels and internal exercise areas.

In this regard, the developer will be required to submit a Noise and Odour Management Plan to Council for consideration, which will be required to address matters such as: the method and program for regular cleaning and disinfection proposed for all areas; details of the complaint management system; and details of the appointment of a liaison person to represent the animal establishment operator and to liaise with neighbouring property owners/ occupiers in relation to the operation of the animal establishment.

The development can achieve compliance with relevant acoustic and odour controls at the nearest affected residence and adjoining residential zone.

Traffic, access and infrastructure impacts  The traffic movements provided in the application have been underestimated.  The development provides for insufficient parking.  The proposed drop off and pick up times are unrealistic and the location of the carpark is inappropriate.  The development would result in dust nuisance from additional traffic movements on the unsealed right-of-carriageway.

 The right-of-carriageway is affected by flooding restricting access to properties.  The proposal would result in additional traffic movements, which would result in safety issues for existing users of the right-of-carriageway and for people who are unfamiliar with the access. There are blind spots etc.  Additional traffic movements on the right-of-carriageway would result in the further deterioration of the access and would result in additional maintenance requirements for those property owners that currently benefit from the right-of-carriageway. Comment: Staff have assessed the traffic impacts and carparking requirements for the development.

With regard to carparking, Council’s Off Street Carparking DCP does not specify a rate for animal establishments. The number of carparking spaces (three (3)) and their proposed location are considered to be satisfactory for the development given the nature and scale of the operation. There is ample provision for overflow parking on the site in proximity to the development.

Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 414

Attachment 1 The developer will be required to undertake upgrade works to the right-of-carriageway, which will include intersection widening, passing bays (and associated signage) and flood depth markers. It is anticipated that these works will address any safety concerns for existing and unfamiliar users of the access to the animal establishment. It is agreed that the additional traffic movements generated by the development will increase dust nuisance to nearby residents.

To address potential dust nuisance the developer will be required to seal the access in those sections located near housing. The upgrade works to the right-of-carriageway will require separate development consent and the issue of a construction certificate. These works will be required to be completed prior to the animal establishment commencing operation. The right-of-carriageway upgrade works are covered in the recommended conditions as a deferred matter.

The ongoing maintenance of the right-of-carriageway is a private matter to be resolved between the landowners, which are burdened by and benefit from the right-of-carriageway. This matter is outside Council’s consideration of the current application. Waste impacts  No waste management plan has been provided.  The anticipated waste generation has been underestimated.  The waste storage area in located within the right-of-carriageway.  The proposed waste collection point is located across the road from a future school site.  Council’s biomass green waste system will not handle highly contaminated animal faeces.

 No insect control has been provided to the waste area.

Comment: It is intended that all animal excrement be manually collected from the kennels and disposed of using Council’s waste collection system. All animal solid waste will be required to be collected and placed in a red-lidded general waste bin for collection. Whilst there is an existing bin storage area located on the site adjoining the right-of- carriageway, the ‘excrement bin’ will be required to be stored adjoining the kennel building and placed out for collection on the day of collection so as to mitigate potential adverse impacts in the locality.

Biodiversity impacts  Stormwater from the development will impact on the adjoining Solitary Islands Marine Park.

 Onsite effluent disposal will result in impacts for waterways.  Additional noise and traffic will result in impacts for wildlife.  Impact to Osprey nests.  The development is likely to attract wild dogs to the area. Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 415

Attachment 1  The development would result in impacts to the designated wetland. Comment: The development is not expected to result in any significant adverse biodiversity impacts due to the use, traffic numbers, effluent disposal or stormwater management associated with the facility. Operational issues and compliance with other Acts and standards  The development breaches NSW animal welfare requirements.  No details of how animal escapes are intended to be managed have been provided.  There is no provision to isolate animals.

 The exercise yards are unsatisfactory.  No risk management plan has been provided for the operations.

 The application should be referred to the RSPCA for review and comment. Comments: Assessment of a development application is limited to provisions of the Environmental Planning and Assessment Act 1979 and subordinate legislation under the Act and environmental planning instruments (e.g. local environmental plans, regional environmental plans and state environmental planning policies) given power under the Act.

Other acts and standards cannot be considered as part of Council’s determination. Process matters  The development was advertised with an error – described as a ‘day boarding facility’.  Determination of the application should be deferred pending resolution of the rural residential strategy. Comment: Due to a clerical error the application was originally advertised and notified as ‘Animal Establishment (Day Boarding Facility)’ rather than ‘Animal Establishment (Dog Boarding Facility). Given the error the application was re-advertised and notified for a further 14 days. Whilst part of the subject site is identified in the Rural Residential Strategy, Council is unable to place the current application on hold pending resolution of this strategy.

The Environmental Planning and Assessment Act 1979 and Regulation require Council to determine applications within certain timeframes.

Support for the proposal  There is currently a shortage of animal boarding facilities in the Local Government Area. The development would provide for an additional option for both locals and people travelling to the area. Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 416

Attachment 1 Comment: It is acknowledged that the proposal will provide for an additional dog boarding facility within the Coffs Harbour Local Government Area for local residents and people travelling to the region. Other impacts  Appropriate buffers have not been provided from the development to adjoining properties.

For example, under the ‘Living and Working in Rural Areas’ a guideline prepared by the Centre for Coastal Agricultural Landscapes boarding kennels require a buffer of 500 metres.

 Bushfire hazard for the development has not been appropriately assessed.  Fire safety has not been appropriately addressed.  No building ventilation has been detailed.  The development would devalue properties in the area and ‘dezone’ land adjoining the site.  The development is incompatible with agricultural activities.  The owners are already operating an unauthorised dog boarding facility from the property.  The development will result in impacts to rural liveability. Comment: With regard to buffers, the development is located approximately 130 metres from the northern property boundary, 172 metres from the eastern boundary, 107 metres from the southern boundary and 30 metres from the western boundary.

It should be noted that the property adjoins state forest to the west and is surrounded by a substantial amount of vegetation to the north and north-east.

The development provides for appropriate noise attenuation and management of odour. It is considered that acceptable buffers have been provided to the development. It should be further noted that ‘Living and Working in Rural Areas’ is a guideline prepared by the Centre for Coastal Agricultural Landscapes. The document does not contain statutory controls that are required to be considered by Council as part of its assessment of applications. There is no planning opportunity to apply a ‘blanket’ 500 metre buffer to this proposal simply due to the recommendations of this guideline.

A satisfactory assessment of bushfire hazard and fire safety has been undertaken for the development.

The building also provides for appropriate ventilation. The unauthorised operation of a dog boarding facility from the property is a matter unrelated to the consideration of the current application and has been previously investigated by Council. The development’s negative impact on property values in the locality is a matter, which is outside Council’s consideration of the current application.

e. the public interest: The proposed development does not present any issues that are contrary to the public interest. Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 417

Copyright Coffs Harbour City Council 2009 Scale = 1:4,603 ctscath 14/11/2012 8:57 AM Created = User = Base data supplied under licence from various Agencies including Department of Lands NSW, Forests NSW and Department of Environment and Climate Change NSW. This Council does not warrant the correctness of plan or any information contained thereon.

Council accepts no liability or responsibility in respect of the plan and any information or inaccuracies thereon. Any person relying on this plan shall do so at their own risk. This map must not be reproduced in any form, whole or part, without the express written permission of the Coffs Harbour City Council. Projected Coordinate System− GDA 1994, MGA Zone 56 Attachment 2 Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 418 SITE

Attachment 2 Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 419

Attachment 2 Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 420

Attachment 2 Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 421

Development Application No. 955/12 Schedule of Conditions DEFERRED MATTER Access and Intersection Upgrade: A. This consent does not operate until such time as the following upgrade works to the right- of-carriageway have been completed: (a) installation of passing bays and associated signage; (b) installation of flood depth markers; (c) sealing; (d) stormwater drainage works; (e) intersection widening.

The above works shall be provided to serve the development with the works conforming with the standards and requirements set out in Council’s Development Design and Construction specifications and relevant policies (Water Sensitive Urban Design). The above works require separate development consent from Council and the issue of a Civil Works Construction Certificate.

Note: (1) Traffic generated by the proposed development is assessed to be considerably higher than that proposed in the submitted Statement of Environmental Effects. (2) The right-of-carriageway surface is to be sealed from the intersection with Old Bucca Road for a distance of 330m AND for further 200m southwards of chainage 480m to mitigate dust problems from the increased traffic generated by the proposed development. (3) Passing bays are to be provided on the right-of-carriageway at no more than 100m apart and within safe sight of one another. In relation to the required passing at the intersection with Old Bucca Road refer to note 6 below - intersection upgrade.

The passing bays are to be signposted. NOTE: Utilising the existing driveways as passing bays would not fulfil this function because they are at irregular intervals, are not all at locations that have safe sight distances and are not configured to suit safe pulling over and safe passing.

(4) Where existing driveways onto the access way are located where sight distances may be inadequate for the more frequent used access way and where the sealing of the road may encourage higher traffic speeds than currently experienced under existing conditions, there is a requirement to signpost “driveways ahead” appropriately to maintain the existing level of safety in use of the driveways by owners. (5) Flood Depth Markers are to be provided on the right-of-carriageway adjacent to locations that are subject to flood inundation. This occurs between approximately 340m and 440m from Old Bucca Road.

Depth markers are be required at the low spots in the road. NOTE: The proposed location for a depth marker (at about 620m from Old Bucca Road) is not a suitable location.

(6) Access to the development from the intersection of Old Bucca Road and the right-of- carriageway is required to be widened to ensure that the intersection provides safe passing of vehicles leaving Old Bucca Road into the right-of-carriageway to overcome any sight distance problems at that intersection. /2 Attachment 3 Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 422

- 2 - Development Application No. 955/12 Schedule of Conditions B. In the event that the requirements of the deferred matter listed in “A”, above, are not completed within three (3) years from the date of this consent then the consent shall lapse and become inoperative.

C. Upon the completion of the requirements set out in the deferred matter listed in “A”, above, within a period of three (3) years from the date of this consent, then this consent becomes operative subject to the following conditions. ADMINISTRATIVE CONDITIONS Development Description: 1. Development consent is granted only to carrying out the development described in detail below:  Animal Establishment (dog boarding facility – change of use from rural shed) Prescribed Conditions: 2. The proponent shall comply with the prescribed conditions of development approval under Clauses 97A, 98, 98A - E of Environmental Planning and Assessment Regulation 2000 as are of relevance to this development.

Development in Accordance with Plans: 3. The development is to be implemented in accordance with the plans set out in the following table except where modified by any conditions of this consent (Development Consent No 0955/12).

Plan No. Prepared by Dated Sheet 1 Newstyle Garages & Sheds August 2009 Sheet 2 Newstyle Garages & Sheds June 20120 Floor Plan of Kennel Layout Geoff Smyth Consulting August 2012 In the event of any inconsistency between conditions of this development consent and the plans referred to above, the conditions of this development consent prevail. The approved plans endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken. /3 Attachment 3 Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 423

- 3 - Development Application No. 955/12 Schedule of Conditions Development in Accordance with Documents: 4. The development shall be undertaken in accordance with the following documents: Planning Documentation: (1) Statement of Environmental Effects, prepared by Geoff Smyth Consulting and dated June 2012. Inconsistency between Documents: 5. In the event of any inconsistency between: (1) The conditions of this approval and the drawings/documents referred to in conditions 3 and 4, the conditions of this approval prevail; and (2) Any drawing/document listed in conditions 3 and 4 and any other drawing/document listed in conditions 3 and 4, the most recent document shall prevail to the extent of inconsistency.

PRIOR TO ISSUE OF A BUILDING WORKS CONSTRUCTION CERTIFICATE Construction Certificate: 6. No building work is to commence on site until a Construction Certificate has been issued for the work and Council has been notified that a Principal Certifying Authority has been appointed. New building work to existing building Access and Facilities for persons with a Disability: 7. The building is to be provided with access and facilities for people with disabilities to the extent required having regard to the Disability (Access to Premises - Buildings) Standards 2010 and the Building Code of Australia.

Details indicating compliance must be submitted and approved by the certifying authority prior to the issue of a Construction Certificate. Onsite Effluent Disposal: 8. A revised onsite effluent disposal report, which incorporates primary treatment tanks to remove solids such as dog hair, faeces and food being submitted to and approved by Council prior to issue of a Construction Certificate. Please note: the revised assessment is required to take into consideration the increased wastewater load that will be generated as a result of washing down kennels and the internal exercise area daily (see Condition 30 below).

/4 Attachment 3 Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 424

- 4 - Development Application No. 955/12 Schedule of Conditions Ventilation - Acoustic: 9. Details of any mechanical ventilation system to be installed in the building shall be submitted to and approved by Council prior to issue of the Construction Certificate. Any ventilation system shall be in accordance with the Noise Emission Assessment, prepared by Acoustic Logic Consultancy, dated 12 June 2012. Ventilation - Acoustic: 10. The doors to the kennel area are to be self closing tight fitting doors, acoustically treated in the same manner as the walls of the building, as detailed in the Noise Emission Assessment prepared by Acoustic Logic Consultancy (report 2009523/0708A/R4/TT and dated 12 June 2012).

Details of the doors, including amended plans, shall be submitted to and approved by Council prior to the issue of a Construction Certificate.

Alternatively, an acoustically treated screen shall be placed opposite each door to provide a continuous noise barrier to the opening. The screen shall be designed by a qualified Acoustic Engineer with details to be submitted to and approved by Council prior to the issue of a Construction Certificate. Isolation Kennels - Acoustic: 11. A minimum of three (3) kennels on the southern wall of the proposed facility shall be constructed as isolation kennels, comprising solid walls to a minimum height of two (2) metres. Further, any wall located opposite to the doors of these kennels shall have solid walls to a minimum height of two (2) metres.

Details of the fitout of the isolation kennels are to be submitted to Council prior to the issue of a Construction Certificate.

Odour Control: 12. Two (2) courses of concrete block-work shall be provided at the base of the internal acoustic lining material to the external walls in order to provide a water resistant material to allow for the daily wash down of all kennels. Details of this shall accompany the Construction Certificate application. Note: Council may approve, prior to issue of the Construction Certificate, an alternative water proofing treatment to this part of the building. Noise and Odour Management Plan: 13. A Noise and Odour Management Plan shall be submitted to and approved by Council prior to the issue of a Construction Certificate.

The Plan shall have reference to the EPA document ‘Technical notes: Assessment and Management from Stationery Sources in NSW’ dated November 2006, and is to incorporate all noise and odour management measures.

/5 Attachment 3 Agenda - Ordinary Meeting 22 November 2012 - LAND USE HEALTH AND DEVELOPMENT DEPARTMENT REPORTS 425

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