Subject to the implementation of erosion and sedimentcontrol measures, the impacts of the proposal on the water quality of CalabashBay would be minimised. The relevant matters under Clause 15 of the draft SEPPare subject to consideration under current planning controls as addressed inthis report. The proposed development would not significantly impact onthe adjacent coastal wetland, subject to recommendedconditions. The subject site is mapped for “coastalwetlands”, “coastal environment area” and “coastal usearea”. Part 2 of the draft SEPP includes development controls forcoastal management areas. The site’s Calabash Bay foreshore adjoins twoforeshore properties previously subdivided and developed for dwelling houses(lot 4 and lot 5 DP ) in an earlier subdivision involving the site.
The proposed floor plans include a range of apartmentlayouts with a mix of dwelling sizes including adaptable units. The proposedunits generally meet the minimum size requirements of the ADG other thanthe mezzanine Unit No. 34 (90m2) which includes threebathrooms. The layout and design of the 3br unit complies with the ADGspace dimension requirements for bedroom and living room accommodation. Acondition is recommended for the unit to comply with the minimum unit size of95m2 and the number of pvc shutter near thornleigh bathrooms reduced to two. Subject to the recommendedcondition, the unit layout is generally well designed for internal privacy andamenity. The applicant’s submission is supported in respect toClause 4.6(3)(a) as the existing height of the silos on the site and concretebatching plants in the vicinity substantially exceed the maximum 10.5m heightdevelopment standard.
The proposed non-compliance would not create a precedent for similarsubdivision and is acceptable in the circumstances. The NSW Rural Fire Servicegranted its General Terms of Approval for the issue of a ‘Bushfire SafetyAuthority’ under Section 100B of the Rural Fires Act 1997 subjectto recommended conditions under Schedule 1 of this report. The proposed APZ and future dwellings would extend the riversettlement of Calabash Point and change the scenic quality of Calabash Bay. Theimpact on scenic quality would be mitigated subject to appropriate design offuture dwellings. To ensure operation of the proposed pontoons would not requiredeepening of the channel a condition is recommended for the operation to belimited to vessels with a draft of not more than 300mm.
NSW Fisheries advised theproposal would not impact on key fish habitat and granted its General Terms ofApproval with no conditions. Pursuant to Clause 10 of HSLEPCouncil must be satisfied that adequate water and sewerage services areavailable to the development. Regulation 55 does not containexpress statutory or jurisdictional limits on where and when the power can beexercised.
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The topography is essentially the same as the existing riversettlement lots at Calabash Point. The proposed lots would provide for futuredwelling houses subject to geotechnical design to address the steeply slopingtopography. The objective of the density standard under Clause 14 of theHSLEP applies to all land use zones subject to a minimum lot sizedevelopment standard. The objective however in respect to the EnvironmentalProtection E (River Settlement) Zone is atypical as the objectives for thiszone provide for low density housing development of the existing riversettlement lots which are substantially less than 40 hectares in size.
A detailed assessment of the flora and fauna for the siteshas subsequently been undertaken and management action plans have been preparedin consultation with Council staff. Creditshave been created for both vegetation communities and some individual flora andfauna species represented in the reserves. Biobanking enables 'biodiversitycredits' to be generated by landowners and developers who commit to enhance andprotect biodiversity values on their land through a biobanking agreement.
Thesouthern boundary is undefined in the bushland which extends to the rural areaalong Bay Road. The boundary forms the suburban boundary line between thelocalities of Berowra Creek and Berrilee. SA25/84 Stage 3 for subdivision for 16 lots in 1987 was notprogressed due to a land claim under Native Title which was not disclaimeduntil 2003 by which time the land had been rezoned. To protect public property andinfrastructure, any damage caused to Council’s assets as a result of theconstruction or demolition of the development must be rectified by theapplicant in accordance with Council’s Civil Works Specifications. Rectificationworks must be undertaken prior to occupation of the building, or sooner, asdirected by Council.
All work on site (includingdemolition and earth works) must only occur between 7am and 5pm Monday to Saturday(unless otherwise approved in writing by Council due to extenuatingcircumstances). The overland flowpath is to beconstructed generally in accordance with the plans prepared by EngineeringStudio Civil and Structural. The details of the adaptableunits Nos. 2, 5, 7, 8, 13, 15, 16, 21, 23, 24 and 29 must be provided with theConstruction Certificate Plans.
The proposed steel cylindrical silos would be 11.726m highand 3.4m wide and have a 130 tonne capacity. The proposed installation involves the construction ofconcrete footings and silo mounting frame. Heads of Agreement - This attachment should be dealt with in confidential session, under Section 10A (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.
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