da07-3071 sepp senior d c gl : app

372 New England Highway, Rutherford.Page 1
File No: DA07-3071 Attachments: Locality Plan
Development Plans Staging Plans Distance to Services & Facilities Hunter Regional Development Committee Submission Confirmation of Medical
Responsible Officer: David Simm Manager of Development and Environment
Author: Maryanne Raines Strategic Town Planner
Applicant: PDC Corporation Pty Ltd
Proposal: SEPP Senior Living - 189 independent living units and Community Centre
Location: 372 New England Highway, Rutherford.
Zone: 2(a) Residential Land
EXECUTIVE SUMMARY Development consent is sought for a proposed retirement village under the SEPP Housing for Seniors or People with a Disability consisting of 189 self contained units (SCU) and a range of facilities aimed to support the physical, social and recreational needs of the residents. The existing dwelling and associated structures located on the site will be demolished. The development will be known as the “Hunter Gardens Retirement Resort (HGRR).” The land is Located at 372 New England Highway Rutherford and is zoned residential 2(a) under the Maitland Local Environmental Plan, 1993. Housing for aged or disabled persons is a permissible form of development within the zone. The application is seeking variation to the Maitland City Wide Development Control Plan (MCWDCP) Chapter West Rutherford Area Plan (WRAP). The purpose of the WRAP is to give detailed guidance for the development of land including certain objectives, requirements and development standards. The WRAP focuses on the land being developed for a conventional residential subdivision. The subject chapter provides conceptual road layouts and design guidelines for the highway frontage of the site. Given the nature of the development it is considered acceptable in this instance to deviate from the West Rutherford precinct plan.
Officers Reports 27 May 2008 DA07-3071 SEPP Seniors Living Project - 189 independent living united and community centre 611 867202 372 New England Highway, Rutherford. (Cont)
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The development proposal for seniors living is consistent with the desired future outcomes of the site, namely to foster and sense of community and strong identity, to provide an alternative housing type to cater for an aging population and to achieve an interconnected network for safe, efficient nodes of transport. The future facility shall form part of the Rutherford community and residents shall be reliant upon the range of services external to the site which are currently offered in the locality. The application was notified for a period of 37 days between 18th December 2007 and 24th January. One (1) submission objecting to the proposal was received. The concerns of the objector are outlined in the report below. The issues raised are not considered significant enough to warrant refusal of the application. The proposed development is considered satisfactory in terms of relevant matters for consideration under the Act. Accordingly, it is recommended the application be approved subject to conditions.
OOFFFFIICCEERR''SS RREECCOOMMMMEENNDDAATTIIOONN THAT: Development Application No. 07-3071 for SEPP Housing for Seniors or People with a Disability - 189 self contained units and community centre and demolition of existing dwelling on Lot 611, DP 867202 ,372 New England Highway, Rutherford, be approved, subject to the conditions of consent set out in the attached schedule.
REPORT
INTRODUCTION The land is gently undulating. Vegetation on the site consists of improved pasture and the land is void of significant native vegetation. The site contains an existing brick and tile dwelling, associated farm sheds and two (2) farm dams. A 30 metre wide drainage easement and a sewer main easement (5 meters of variable width) run parallel with the southern boundary. Grazing activities have been previously undertaken upon the 10.96 hectare allotment. The following uses adjoin the subject land. TABLE 1 Relationship to land Land Use Adjacent to northern boundary 10 hectares of vacant residential land. Adjacent to western boundary Former Maitland City Council Municipal
landfill site Adjacent to southern boundary New England Highway beyond which is
the Rutherford Industrial Area. Adjacent to eastern boundary Lot 102 - McDonalds Restraunt
- BP Service Station Lot 103 - Commercial car wash - Oporto Chicken (fast food) - BWS (Bulky goods retail)
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Lot 603 – 36 Medium Density Housing Units Termination of Turin Terrace and three (3) separate residential allotments containing single detached dwellings.
BACKGROUND An analysis undertaken by the Department of Planning of existing population characteristics and projections for the year 2031 reveal that people aged 50 years and over will represent approximately 41.8% of Maitland’s total population by the year 2031. The western sector of the Maitland Local Government Area is presently poorly represented with respect to housing accommodation options for the aged in particular self contained seniors housing. This application has been presented to Council due to the significant value of the project being $35 million and as an objection was received. PROPOSAL Development Consent is sought for the development of a SEPP Housing for Seniors or People with a Disability residential estate and demolition of an existing dwelling on Lot 611 DP 867202, 372 New England Highway, Rutherford. The proposed development consists of the following: 1. 189 self contained units both in attached and detached configurations as follows:
• 31 x 2 bedroom + study & single garage(some with workshop to garage) • 82 x 2 bedroom + study & double garage • 62 x 2 bedroom + study & single garage • 14 x 2 bedroom and single garage
2. A central building containing:
• Covered entry point and foyer • Reception, administration and staff areas • Community dining area • Commercial kitchen • Amenities – male, female and disabled • Multi-purpose hall (approx 300 seats) • Community lounge areas and bar • Indoor recreational rooms – billards and carpet bowls • Reading room • Craft room • Storage rooms • Outdoor terrace and BBQ courtyard
3. Sports pavilion containing:
• Gymnasium • Indoor/outdoor pool
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4. Outdoor Facilities
• Lawn Bowls adjacent to Central Facilities/Sports pavilion • Boardwalk and gazebo styled shade structures with seating for passive use. • Paved parking area adjacent to community facilities building containing 21
spaces.
5. 2.4 metre high acoustic barrier shall be erected on the northern side of the drainage easement which runs parallel with the New England Highway. Landscaping shall be provided to reduce the visual impact of the structure.
6. Demolition of existing dwelling and associated sheds.
The site layout and typical elevations are shown in Attachment 2.
Construction shall be principally brick veener. Roof materials for the dwellings will be tile while the central facility buildings shall comprise of corrugated “Colorbond” metal. There are six (6) alternative “schedule of finishes” (see Attachment 3) proposed for the development to provide variation and contrast within the development to give a sense of identity to each dwelling. The principle access to the development shall be via Denton Park Drive. The access drive will be serviced by two way traffic with travel lanes divided by a landscaped median. The access drive will lead to a roundabout in front of the central facilities building which will distribute traffic to the main car park and perimeter roads. Roads have been designed to accommodate a ridged truck and medium sized bus (12.5m length). The landscape design has incorporated larger plantings to reduce the impact of hard materials (particularly roofs, walls and pavements). Irregular space between the building and roads are to be shaped for incorporation in the stormwater detention strategy for the site. The stormwater flow path through the site comprises a series of linked surface detention and shall accommodate a low elevated boardwalk which will serve as the key between the dwellings, community facility and the principal detention basin in the south west corner of the site. The drainage strategy for the site shall consist of small surface detention areas (depressions in the landscaped areas), the installation of a number of sub surface detention cells and construction of a larger detention basin to ensure the post development discharge is comparable to the pre development discharge from the site. The surface detention basin shall be “dry detention basins” and integrated with landscaping of the site by planting with suitable species to provide nutrient control in rainfall events. Notwithstanding the emphasis on independent living, the development will offer a range of services to residents who require greater assistance as they age. The services may be provided by in-house staff, contractors to PDC Corporation or other external community provided with PDC Corporation assisting.
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These services include: • Assistance with provision of meals • Assistance with personal laundry service • Emergency response • Full range of personal care services • Domestic help • Transport (community bus) • Home nursing • Personal hygiene • Shopping The central facilities building shall contain two (2) two consultation rooms which will contain medical practioners who may choose to visit the site for a period of time to consult with residences. Staging The development shall be undertaken in the following stages as shown in attachment 3: TABLE 3 Stage No.
Proposed Works
1 Bulk earthworks for stage 1-4 and 11 Detention basins and swales 19 SCU’s Gym and pool facilities Accessway, roundabout, part of internal road system and acoustic barrier. Note: One SCU to be used as temporary Central Facilities Building
2 19 SCU’s and associated roads 3 19 SCU’s and associated roads 4 16 SCU’s and associated roads 5 13 SCU’s and associated roads
First stage of Central Facilities Building 6 16 SCU’s and associated roads 7 20 SCU’s and associated roads 8 24 SCU’s and associated roads 9 18 SCU’s and associated roads
Second stage of Central Facilities Building 10 18 SCU’s and associated roads
11 7 SCU’s and associated roads
From the commencement of stage 1 of the development an onsite manager will be appointed to the village. The manager will be a qualified nurse and will be on call to the residences of the village.
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PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Maitland Local Environmental Plan 1993 The subject land was rezoned to Residential 2(a) via Amendment number 79 of the Maitland Local Environmental Plan 1993. The residential zone permits “Housing for aged and disabled persons” therefore the development is a permissible use with Councils consent. The proposal is considered to be consistent with the zone objectives, as follows: Zone 2(a) Residential a) To provide for housing and associated facilities in locations of high amenity and
accessibility. b) To enable development for purposes other than residential only if it is compatible
with the character of the living area and has a domestic scale and character. c) To ensure that development does not create unreasonable demands, in the
present or in the future, for the provision or extension of public amenities or services.
The proposal will provide housing in a location of high amenity and accessibility within the western sector of the Local Government Area. The land is located within close proximity (approx 1.4km) to a wide range of support services Rutherford Shopping Centre precinct with some services such as the licensed tavern and fast food outlets within 300metres from the site. The placement of the seniors living development in this location encourages the efficient use of residential land, whilst ensuring that there is not an unreasonable demand for the provision or extension of public amenities or services. Overall the general form and layout shall comprise of predominantly single storey dwellings in detached or attached configurations which is considered consistent with the character of the surrounding locality. Hunter Regional Environmental Plan The proposed development complies with the objectives and aims of the Hunter Regional Environmental Plan 1989 as the development is providing additional housing within the Local Government Area. State Environmental Planning Policies State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004. The State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 regulates the location and design of seniors accommodation within New South Wales.
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Under the SEPP a senior is defined as: “(a) people aged 55 or more years,
(b) people who are resident at a facility at which residential care (within the meaning of the Aged Care Act 1999 of the Commonwealth) is provided. (c) people who have been assessed as being eligible to occupy housing for aged persons provided by a social housing provider.”
Accommodation does not need to be specifically limited to seniors or people with a disability. Clause 18 states senior housing maybe used for the following: “(a) Seniors or people who have a disability,
(b) people who live within the same household with seniors or people with a disability, (c) staff employed to assist in administration of and the provision of services to housing provided under this policy.”
The development contains living units which are described under the SEPP as “self contained dwellings”. The consent shall be conditioned to require a restriction to be applied upon the title of the property, only permitting occupants of the facility as described in clause 18 of the SEPP. In addition a notation shall be applied to the 149 Certificate as required by Clause 16 in Schedule 4 of the Environmental Planning and Assessment Regulation, 2000. This shall ensure that the development is occupied by persons only permitted under the SEPP. The applicant has demonstrated compliance with the policy in terms of providing suitable access to shopping facilities, services, recreational facilities and general medical practitioner. Table 1 and appendix 4 of this report identify the range of services and facilities which are within close proximity to the development. CPTED (Crime Prevention Through Environmental Design) principals have been incorporated in the development. Particular consideration has been given to landscaping elements and the built form. The development has been designed to enhance passive visual surveillance within the facility. Hunter Valley Bus services Maitland and its surrounds and utilises Denton Park Drive as main route. A bus stop presently exists on Denton Park Drive 110 metres from the site entrance. 11 pick ups/set downs are available weekdays between 7.40am and 5.15pm connecting to the Rutherford Shopping Centre, Central Maitland, Green Hills shopping centre and East Maitland shopping precincts. These centres would comply with the maximum 1:12 as prescribed under the SEPP. Hunter Valley Buses has confirmed it will service the development provided the internal road network is capable of accommodating a 12.5m bus. The main access point and the roundabout at the central facilities building has been designed to accommodate a 12.5m bus. A passenger pick up point will be available directly in front of the central building. The operators will be providing a bus service to accommodate the needs of the residents. Adequate onsite car parking has been provided. The car parking rate for such a facility is 0.5 car parks per bedroom. A total of 378 bedrooms are proposed within the complex, therefore 189 car parks are required to be provided onsite. A total of 297 car
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parks are having been incorporated into the development, resulting in a surplus of onsite parking. It is considered that the development is compatible in bulk, scale and density with the surrounding established residential development. An emphasis has been placed on the landscaped design. The development provides a greater area of private open space and landscape area than the prescribed minimum area as required by the SEPP. The development is within the maximum 400m walking distance to a bus stop and that the building height well below the 8metre hight permitted by the SEPP. In addition the “Maitland Heritage Health Family Medical Practice” has confirmed in principal support to provide medical service for residents of the facility. (Attachment 7) All dwellings meet BASIX requirements and 91% of the units achieve optimal solar access. It is noted under the SEPP a minimum of 70% of the units are required to achieve optimal solar access. Schedule 3 of the SEPP specifies access and useability standards which are required to be achieved for self contained dwellings. Such standards relate to wheelchair access, location of letterboxes, garbage collection, internal layout and design of dwellings, security and accessible entry. The proposed development is capable of complying with Schedule 3. Consent conditions have been applied to ensure compliance with the standards contained within the SEPP is achieved. Overall the development is consistent with the SEPP. The consent shall be conditioned appropriately to ensure the facility is constructed and functions as prescribed by the SEPP. SEPP 55 – Remediation of Land There is sufficient evidence (in the form of farm sheds, improved pasture, previous land clearing, aerial photos, dams etc) to suggest the land has been utilised in the past for agricultural purposes. The previous agricultural use of the land is considered to be possible source of contamination under SEPP 55. The applicant has provided a “Phase 1 Contamination Assessment” report to support the submitted application. The report include has identified the following potential Areas of Environmental Concern onsite.
• Contaminated soil, groundwater and gas migration associated with the adjacent former Maitland City Council landfill site (medium to high contamination potential);
• Waste stockpile located in centre of the site containing scrap metal, wood, domestic waste, television, cans and glass containers, glass, plastic, concrete, corrugated iron, fiberglass, sheeting and chip board (medium contamination potential).
• Lead based paint flaking from the fibro on the existing dwelling (Low contamination potential)
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• Runoff from corrugated iron shed at rear of existing residence (low contamination potential),
• Demolition of the existing residence which possibly contains asbestos (low contamination potential).
The report notes that no visual evidence of soil contamination, gas emissions or offensive odours was detected during the site visit and no olfactory evidence of contamination encountered during the test pitting for the geotechnical investigation. The report has recommended a “Phase 2 Environmental Site Assessment“be completed to determine the extent, if any contamination associated with the landfill. The consent will be conditioned to require a “Phase 2 Environmental Site Assessment” to be submitted to Council prior to the issue of a Construction Certificate. SEPP Major Infrastructure The current SEPP replaces the previous SEPP No. 11 Traffic Generating developments. As the development has ancillary accommodation for 297 motor vehicles the development is required to be referred to the Roads and Traffic Authority for comment under Schedule 3 of the Major Infrastructure SEPP. The application was consequently considered at Hunter Regional Development Committee (HRDC). Correspondence received from the HRDC on 2nd May 2008 noted that the committee would have no objections to the proposal provided a number of matters are addressed and included in the development consent. (See attachment 5 for HRDC comments). The matters contained within the letter have been addressed either by the applicant, considered by Council Officers or included within the consent. Council officers have considered the HRDC request for further traffic analysis of the Denton Park/access intersection to determine the intersection treatment. It is not necessary for further traffic analysis to be undertaken at this point in time, as the intersection type and traffic regulatory measures shall be determined by Council through the Local Traffic Committee. In addition to the above the applicant is making arrangements to provide an onsite bus service. The consent has been conditioned to provide a bus shelter onsite and a bus service which is required to commence operation at stage 5 of the development. SEPP (Building Sustainability Index BASIX) 2004 The applicant has provided a BASIX Certificate confirming target standards have been achieved. Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Not applicable
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Section 79C(1)(a)(iii) any development control plan The following Chapters of the Maitland City Wide Development Control Plan apply to the proposal: West Rutherford Area Plan The Maitland City Development Control Plan Chapter West Rutherford Area Plan was adopted by Council on 2nd April 2006 and applies to the subject land. The purpose of the WRAP is to give detailed guidance for the development of land including certain objectives, requirements and development standards. The West Rutherford Area Plan (WRAP) focuses on the land being developed for a conventional residential subdivision. The subject chapter provides conceptual road layouts and design guidelines for the highway frontage of the site. The development proposal for seniors living is consistent with the desired future outcomes of the site, namely to foster a sense of community and strong identity, to provide an alternative housing type to cater for an aging population and to achieve an interconnected network for safe, efficient nodes of transport. The applicant has addressed the following “design objectives and requirements” (as listed in section 4 of the WRAP) within the development:; • Traffic, Road Design, Pedestrian/Cycleway Networks As the development is not a conventional residential subdivision the development has not complied with the conceptual precinct plan which applies to the subject land. Given the nature of the development it is considered acceptable in this instance to deviate from the West Rutherford precinct plan. The proposal is consistent with the objectives of road use reflecting needs and functions as well as connecting with existing residential developments. The principal access to the site is via a 20 metre wide battleaxe handle that links to Denton Park Drive. This road has been designed to accommodate a public road in association with the development. The use of the access road is consistent with the WRAP. Pedestrian connection will be made to Denton Park Drive via the access handle and also to the cul-de-sac of Turin Terrace which terminates at the eastern boundary of the subject land. • Building form The development shall consist of single storey dwellings in detached and attached configurations. The proposal is consistent with the surrounding locality give the bulk, scale and density of the development. Ecologically Sustainable Principals have been incorporated into the design through environmental strategies for stormwater management through the use of a network of open drainage swales and provides for additional stormwater collection for reuse in site landscape maintenance The proposed landscape design will soften the impact of roof and wall materials. The landscape plan addresses the treatment of the acoustic barrier to ensure the structure
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becomes a recessive element within the streetscape. Native vegetation shall be planted in front of the 2.4 meter high “xerplate” acoustic fence. A 2.5 metre wide pedestrian/cycle path shall be constructed along the site frontage with the New England Highway with large shade trees and low ground plantings established between the property boundary. The vegetation selected shall enable passive visual surveillance of the pathway. • Provision of Essential Infrastructure (water, electricity, sewer and
communications)
Preliminary investigations undertaken by the applicant have confirmed the required infrastructure is available to service the future retirement village. The consent shall be conditioned to require a Section 50 Certificate to be issued by Hunter Water Corporation prior to the issue of Construction Certificate. Hunter Water advised Council during the rezoning process water supply and sewerage services can be provided by the extension of the existing systems located along the New England Highway and sewer mains are already located within the site. Application has also been made to the relevant gas, telecommunications and electricity authorities. • Visual and Scenic Amenity The proposed built form development is considered to be compatible with the surrounding development which is a mix of different land uses. Landscaping has been extensive utilised within the development to soften its visual impact. Appropriate landscaping has been incorporated to reduce the visual impact of the proposed 2.4 metre high acoustic barrier which will front the New England Highway. The low scale of the buildings shall permit views to the north towards the elevated ridge lines at Maitland Vale. • Water Cycle Management and Sediment and Erosion Control A Stormwater Management Plan (SMP) has been developed for the site addressing water and quality control. All residential development is occurring above the 1% AEP storm event. Overall the SMP is considered satisfactory. • Flooding and Bushfire The subject land is not identified as being affected by the 1% AEP flood event or as bushfire prone land. • Salinity / Acid Sulfate Soils The site is not affected by salinity or acid sulfate soils. • Noise and Vibration The site is located within close proximity to the Rutherford Aerodrome. The site is located outside the 15 ANEF (Australian Noise Exposure Contour) noise contour. Council approved a development application for the RNAC on 22 February 2005
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limiting aircraft movement numbers and providing for the sealing of an additional 200 metres of runway. Once acted upon, this will further reduce the impact on noise associated with aircraft movements at the Rutherford Aerodrome in this particular locality. An acoustic report has been submitted by the applicant supporting the application. The acoustic report has considered the New England Highway noise impact upon the future aged care facility. The submitted report has concluded that with the proposed 2.4 m high acoustic barrier in place along the New England Highway boundary of the site there will be a marginal exceedance in the adopted noise criterion. The adopted noise criterion for the site is as follows: Table 4 Time Adopted Noise Criteria Day (7am -10pm) 55 dB(a) Night (10pm – 7am) 50 dB(a) Once the noise attenuation barrier is in place a noise level of 51.5 dB(a) will be achieved. The development shall be able to comply with the adopted day noise criteria however a minimal exceedance of 1.5 dB(a) will occur between 10pm and 7am. This exceedance would not be detectable to the human ear and the majority of the occupants would be indoors during this time period. The final location of mechanical plant has not been specified therefore the consent will be conditioned for the final location of mechanical plant to be approved by suitably qualified acoustic consultant prior to the issue of the Construction Certificate.
• Aboriginal Heritage An aboriginal archeological and cultural assessment was undertaken upon the site. The report concluded that there is no impact upon aboriginal objects or places or potential aboriginal deposits. The site has a history of agricultural uses. Due to significant level of disturbance associated with agriculture it is considered that the likelihood that places or relics of significance being found on the site is low. In the event potential archaeological deposit is identified prior to or during construction likely to contain Aboriginal artifacts, construction works shall cease and an application shall be made by a suitably qualified Archaeologist to the National Parks and Wildlife Service (NPWS) for an excavation permit for Aboriginal relics. A condition has been incorporated into the consent to this effect.
Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not applicable
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Section 79C(1)(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 The developments impacts have been previously discussed under Section 79C(1)(a)(ii) and Section 79C(1)(a)(i). Other associated impacts which have not been addressed previously in the report are discussed below. Flora and Fauna A Flora and Fauna assessment was undertaken during the rezoning of the subject land. The finding of the assessment concluded that the proposed development of the site would not have a significant impact upon any threatened species located within the area. It is noted the site is presently void of significant vegetation. A preliminary ecological assessment of the site was undertaken. The report stated the following. “The subject site has no important habitat elements for threatened species, populations, communities or their habitats at the local, state or regional level. The proposed transformation of the site into a Seniors Living Development will not have any ecological impacts at a local or higher level.” Section 79C(1)(c) the suitability of the site for the development The site is a green field site, appropriately zoned residential and is in close proximity to existing services. The site is considered suitable for this type of development in terms of topography, proximity to services, public transport and the road network. Section 79C(1)(d) any submissions made in accordance with this act or the regulations
Public Submissions The development application and accompanying information were placed on public exhibition for a period of 37 days from 18th December 2007 to 24th January (advertising period extended due to Christmas/new year period). As a result of the notification process, one (1) submission was received and is provided as Attachment (6) this report. The issue raised by the objector is summarised below and comment provided: Issue 1.
“We further confirm that we are opposed to an approval being granted without the requirement being included in the approval for an access road to be constructed by the applicant to the southern portion of Lot 603.
We further confirm that in consideration of the fact that no access to the new England highway has been provided by the Roads and Traffic Authority and/or Council from the southern portion of Lot 603 if this development were to go ahead without a requirement for road access to service the rear of Lot 603 will become landlocked.”
Planners Comment
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Lot 603 is an irregularly shaped lot formed by two pieces of land (approx 1 ha each) joined by a narrow strip of land. The lot has frontage to the New England Highway and Denton Park Drive, although vehicle access to the highway is restricted. Council approved the development of 36 medium density units on the northern half of Lot 603 in November 2005 (DA05-893). Provision for access to southern part of the allotment was accommodated within the approved development application.
The submission contends that an access road must be provided from lot 611 to Lot 603. The WRAP contains a precinct plan that provides for a connected transport network for pedestrians, cyclists and vehicles with no direct vehicular access to the New England Highway. An indicative road layout shown on the precinct plan has a connection from Lot 611 to the southern part of Lot 611 to the southern part of lot 603. However, as discussed earlier in this report, the proposal will have a private internal road layout therefore no connection to Lot 603.
Lot 603 is not landlocked and access to the southern part of the site was proposed in DA05-893. It is therefore considered that a public access road would not be required within the Seniors Living proposal to service Lot 603.
Section 79C(1)(e) the public interest The development represents a significant investment in aged care within the Local Government Area. The location of the facility is ideal, as the western sector of the Local Government Area which is currently poorly represented with respect to aged care accommodation. The proposal is considered to be of benefit to the wider community. FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates. POLICY IMPLICATIONS This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.
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Schedule of Conditions DA 07-3071
Reason for Conditions The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.
APPROVED PLANS AND DOCUMENTATION 1 The development shall be carried out in accordance with the stamped approved
plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent and as amended in red colour:
Plan
DA- 2-02 SEPT 2007 Hamilton Hayes Henderson Architects
DA- 2-06 SEPT 2007 Hamilton Hayes Henderson Architects DA- 2-07 SEPT 2007 Hamilton Hayes Henderson Architects DA- 2-08 SEPT 2007 Hamilton Hayes Henderson Architects DA- 2-09 SEPT 2007 Hamilton Hayes Henderson Architects DA- 2-10 SEPT 2007 Hamilton Hayes Henderson Architects DA- 2-11 SEPT 2007 Hamilton Hayes Henderson Architects DA- 3-01 SEPT 2007 Hamilton Hayes Henderson Architects
DA- 3-02 SEPT 2007 Hamilton Hayes Henderson Architects DA- 3-03 SEPT 2007 Hamilton Hayes Henderson Architects DA- 3-04 SEPT 2007 Hamilton Hayes Henderson Architects DA- 4-01 SEPT 2007 Hamilton Hayes Henderson Architects DA- 4-03 SEPT 2007 Hamilton Hayes Henderson Architects DA- 4-04 SEPT 2007 Hamilton Hayes Henderson Architects DA- 4-05 SEPT 2007 Hamilton Hayes Henderson Architects DA- 4-06 SEPT 2007 Hamilton Hayes Henderson Architects DA- 4-07 SEPT 2007 Hamilton Hayes Henderson Architects
DA- 5-01 SEPT 2007 Hamilton Hayes Henderson Architects DA- 5-02 SEPT 2007 Hamilton Hayes Henderson Architects DA- 5-03 SEPT 2007 Hamilton Hayes Henderson Architects DA- 5-04 SEPT 2007 Hamilton Hayes Henderson Architects DA- 6-01 SEPT 2007 Hamilton Hayes Henderson Architects
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BASIX CERTIFICATE
NO. 66761651 ASSESSOR NUMBER 20305
2 The development shall be operated and constructed in accordance with SEPP (Housing for Seniors or People with a Disability) 2004.
3 The “Central Facilities Building” shall not be used for functions not associated with the onsite residential population.
CONTRIBUTIONS & FEES 4 Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979,
and the Maitland S94 Contributions Plan (City Wide) 2006, a contribution of $2,205,992 shall be paid to the Council. The contribution is calculated from Council's adopted Section 94 Contributions Plan in the following manner: 3 bedroom Total 2006(A) Citywide Rec & Open Space 188 x $4,407 $828,516 2006(A) Citywide Road & Traffic Facilities 188 x $4,094 $769,672 2006(A) Citywide Cultural Facilities 188 x $791 $148,708 2006(A) Citywide Community Facilities 188 x $1,756 $330,128 2006(A) Citywide Cycleways/Shared Paths 188 x $181 $34,028 2006(A) West Rutherford Roadworks 188 x $3,056 $574,528 2006(A) West Rutherford Management/Admin 188 x $214 $40,232 _____
$2,725,812
The above amount may be adjusted at the time of the actual payment, in accordance with the provisions of the Maitland Section 94 Contributions Plan (Citywide) 2006. Payment of the above amount shall apply to Development Applications as follows: - Subdivision only - prior to issue of the Subdivision Certificate. - Building work only - prior to issue of the Construction Certificate. - Subdivision and building work - prior to the issue of the Construction Certificate, or Subdivision Certificate, whichever occurs first. - Where no construction certificate is required - prior to issue of an Occupation Certificate. - For extractive industries - annually from the date of issue of development consent. The above "contribution" condition has been applied to ensure that:
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i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Council's adopted contributions plan prepared in accordance with the provisions of section 94 of the Environmental Planning and Assessment Act, 1979. ii) Council's administration expenses are met with respect to the processing of the application.
CERTIFICATES 5 Prior to the commencement of works an application for a Construction
Certificate shall be submitted to, and be approved by, the Accredited Certifier. 6 Prior to the issue of an Occupation Certificate all conditions of development
consent shall be complied with. 7 Prior to occupation of the buildings an Occupation Certificate shall be issued by
the Principal Certifying Authority. 8 Prior to issue of the Construction Certificate, a certificate of compliance under
Section 50 of the Hunter Water Act 1991 for this development, shall be submitted to the Accredited Certifier.
LANDSCAPING 9 All landscaped areas of the development shall be maintained in accordance with
the proposed landscape plan. The landscaped areas shall be kept free of parked vehicles, stored goods, waste material, and the like.
NOISE
10 Prior to the issue of the Construction Certificate, plans (inclusive of dimensioned site and elevations plans) shall be submitted showing the location of the onsite bus shelter.
11 A bus service shall be provided by the developer/operator at the completion of stage 5. Written confirmation shall be provided to Council confirming the operation of the bus service.
12 Prior to the issue of the Construction Certificate documentation prepared by a suitably qualified Acoustic Consultant shall be submitted to Council approving the final installation mechanical plant.
13 Prior to the issue of the Occupation Certificate, the 2.4 metre high acoustic barrier shall be constructed and landscaping planted in accordance with the approved plans between the acoustic barrier and the New England Highway.
14 All recommendations contained within the accoustic report prepared by Spectrum Acoustics dated March 2008 shall be implemented.
VEHICLE ACCESS & PARKING
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15 Car parking for the development shall be provided in accordance with the
approved plans, with a minimum allocation for the development of 297 spaces.
16 All parking bays shall be delineated with line-marking and/or signposting.
17 Garbage waste collection facilities catering for heavy vehicle manoeuvres shall be provided on-site in accordance with SEPP (Housing Seniors or People with a Disability) 2004.
18 A secondary access point for emergency purposes shall be provided at Turin Terrance.
CONTAMINATION 10 Prior to the issue of the Construction Certificate a Phase 2 Environmental Site
Assessment shall be undertaken in accordance with the phase 1 Contamination Report, dated 24th August 2007, prepared by Coffee Geotechnics. The development shall incorporate the recommendations contained within the Phase 2 Contamination Assessment report.
11 Prior to any works commencing all unsuitable material shall be removed from the existing dams and the dams remediated with compacted fill in accordance with AS3798. Construction Certification shall be provided by a Geotechnical Engineer, and forwarded to Council.
12 Asbestos encountered on site shall be handled and disposed of in accordance with work cover requirements and the relevant Australian Standard.
13 Any contaminated material shall be disposed at an appropriate licensed premise. 14 A final validation report shall be submitted to Council if significant contamination is
found. WATER 15 The existing dam water shall be assessed by a suitably qualified person prior to its
release and reported to Council.
ARCHAEOLOGY 16 Should any potential archaeological deposit likely to contain Aboriginal artefacts be
identified during the construction stage, all construction works shall cease and application shall be made by a suitably qualified archaeologist to the National Parks
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and Wildlife Service (NPWS) for an Excavation Permit for Aboriginal relics. If a permit is required, a copy is to be forwarded to Council.
The applicant shall comply with the conditions and requirement of any excavation permit required, and is built into the development program.
LAND TITLE
17 A restriction as to user will be registered against the title of the property in accordance with section 88E of the Conveyancing Act 1919, limiting the use of any accommodation within the facility to the following kinds of people:
(a) seniors or people who have a disability,
(b) people who live within the same household with seniors or people who have a disability,
(c) staff employed to assist in the administration of and provision of services to housing provided under SEPP (Housing for Seniors or People with a Disability) 2004.
STORMWATER DRAINAGE 18 Prior to issue of the Construction Certificate, a detailed stormwater drainage
plan, providing:
i) On-Site Detention (OSD) of stormwater, and
ii) an emergency overland flow path for major storm events, that is directed to the public drainage system, and
iii) entrapment of gross pollutants, nutrients and hydrocarbons generated from the contributing ground-surface catchment areas,
shall be designed in accordance with Council’s Manual of Engineering Standards, and be submitted to the Accredited Certifier.
The design shall be based on the concept plans No 07/57, exhibits 3 &4 Revision C, submitted with the application.
ROADS 19 Prior to issue of the Occupation Certificate, the following works shall be
completed:
i) The proposed roads shall be constructed with an asphaltic or cement concrete wearing surface in accordance with an engineer’s design or Council’s Manual of Engineering Standards.
ii) A “turning head” and footway, within the property, at the termination of the existing road in Turin Terrace, together with all necessary stormwater drainage shall be constructed in accordance with Council’s Manual of Engineering Standards, and the works shall be dedicated to Council, at no cost to Council, as “public road”.
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iii) Kerb-side parking restriction, linemarking & signposting in Denton Park Dr to facilitate safe operation of the intersection of Denton Park Dr with the access road, shall be installed in accordance with Council’s requirements.
CIVIL WORKS - Roads 20 Prior to commencement of works for the extension Turin Terrace and within
Denton Park Drive;
• an engineering design, in accordance with Council's Manual Of Engineering Standards, shall be prepared for approval by Council
• consent under the Roads Act shall be issued
• all relevant Council fees shall be paid
21 Prior to issue of the Occupation Certificate, a compliance notice shall be
obtained from Council certifying that construction of roadworks have been carried out in accordance with this consent and Council's Manual of Engineering Standards.
EROSION CONTROLS 22 The property shall be protected against soil erosion, such that sediment is not
carried from the construction site by the action of stormwater, wind or “vehicle tracking”.
BUILDING CONSTRUCTION 23 All building work shall be carried out in accordance with the provisions of the
Building Code of Australia.
24 All demolition works are to be carried out in accordance with Australian Standard AS 2601-2001.
25 Upon completion of the building BUT prior to its occupation, a Final Fire Safety Certificate with respect to each critical and essential fire safety measure installed in the building shall be submitted to Council. Such certificates shall be prepared in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.
26 At least once in each twelve month period, fire safety statements in respect of each required essential fire safety measure installed within the building shall be submitted to Council. Such certificates are to state that:
a) The service has been inspected and tested by a person (chosen by the owner of the building) who is competent to carry out such inspection and test; and
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b) That the service was or was not (as at the date on which it was inspected and tested) found to be capable of operating to a standard not less than that specified in the fire safety schedule for the building).
Such statements shall be prepared in accordance with Division 5 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.
27 The applicant shall submit to Council, “Notice of Commencement” at least two days prior to the commencement of construction works.
28 Hours of Work:
Unless otherwise approved by Council in writing; all building work associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.
29 Upon completion of the building BUT prior to its occupation, a Final Fire Safety Certificate with respect to each critical and essential fire safety measure installed in the building is to be provided. Such certificate(s) are to be in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.
30 (1) Building work that involves residential building work (within the meaning of the Home Building Act, 1989) must not be carried out unless the principal certifying authority for the development to which the work relates:
(a) in the case of work to be done by a licensee under that Act:
(i) has been informed in writing of the licensee's name and contractor licence number, and
(ii) is satisfied that the licence has complied with the requirements of Part 6 of that Act, or
(b) in the case or work to be done by any other person;
(i) has been informed in writing of the person's name and owner-builder permit, or
(ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.
(2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act, 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that part.
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SERVICES & EQUIPMENT 31 A copy of the fire safety schedule and fire safety certificate shall be prominently
displayed in the building in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation 2000.
32 A copy of the fire safety schedule and fire safety certificate shall be forwarded to the Commissioner of New South Wales Fire Brigades, in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.
ACCESS & EGRESS 33 Access for disabled persons must be provided in accordance with DP1, DP2, and
DP8 of the Building Code of Australia. Compliance with Part D3 of the Building Code of Australia satisfies this requirement. All elements are to meet the requirements of Australian Standard AS1428.1 "Design for Access & Mobility".
SITE CONSIDERATIONS 34 All excavated an/or filled areas are to be retained or battered and suitably drained
so as to prevent any subsidence of the area and constructed so as to deny any flow of water into or around the building or neighbouring buildings or onto neighbouring land. Where a retaining wall is planned for this purpose and such wall exceeds 1.0m in height at any point from finished ground level, plans and specifications of the construction SHALL BE APPROVED BY COUNCIL BEFORE WORKS COMMENCE. Plans and specifications of retaining walls greater than 1.0m in height MUST BE CERTIFIED BY A PRACTICING PROFESSIONAL ENGINEER. Note: The submission of a separate Development Application is not required for a retaining wall associated with this approval and indicated on the approved plans.
35 All excavations and backfilling shall be executed safely, in accordance with appropriate professional standards and shall be properly guarded and protected to prevent the works from being dangerous to life or property.
36 All building refuse on this building site shall be stored in such a manner so as not to cause a nuisance to adjoining properties.
37 If an excavation extends below the level of the base of the footings of a building/structure on an adjoining allotment of land, the person causing the excavation to be made.
i) Must preserve and protect the building/structure from damage, and
ii) If necessary, must underpin and support the building/structure in an approved manner, and
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iii) Must, at least 7 days before excavating below the level of the base of the footings of a building/structure on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building/structure being erected or demolished.
The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. (Includes a public road and any other public place).
38 If the work:
i) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or
ii) involves the enclosure of a public place
a hoarding or fence must be erected between the work site and the public place. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Any such hoarding, fence or awning is to be removed when the work has been completed.
39 A sign must be erected in a prominent position on the work:
(i) stating that unauthorised entry to the work site is prohibited, and
(ii) showing the name of the person in charge of the work site and a telephone number at which the person can be contacted during work hours.
Any such sign is to be removed when the work has been completed.
This condition does not apply to:
(i) building work carried out inside an existing building, or
(ii) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.
40 Approved toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. The provision of toilet facilities in accordance with this Clause must be completed before any other work is commenced.
41 Suitable and adequate measures are to be applied to restrict public access to the site and building works, materials and equipment.
ANCILLARY PROVISIONS
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42 The swimming pool and required child resistant pool fencing and gates MUST be
constructed, installed and maintained STRICTLY in accordance with this approval and is to comply with the provisions of the Swimming Pools Act and Regulations 1992, Australian Standard AS1926-1986 AND Council's Code "Swimming Pools and Safety Fencing" (2000 Edition).
FOOD PREMISES 43 The premises is to be fitted out in accordance with the requirements of Australian
Standard 4674-2004, Design Construction and Fit-Out of Food Premises and any other relevant legislation.
48 The premises will be incorporated in Council’s Surveillance Program and will be subject to 2 inspection(s) per annum. The current fee for an inspection is $93.
ADVICES A You are advised that, prior to submitting an application for an Occupation
Certificate the applicant should ensure that all relevant conditions of development consent have been complied with.
B You are advised that in regard to potential soil erosion from the construction site,
such pollution of the environment is an offence under the Protection of the Environment & Operations (POEO) Act and may incur infringement fines.
C You (or the owner) are advised to notify Council in writing, of any existing damage to the street infrastructure (including landscaping) along the frontage of the property, prior to commencement of construction. The absence of such notification signifies that no damage exists. Where necessary repairs are carried out by Council, the owner of the property shall be held liable for the cost of those repairs.
D You are advised that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant or easement applicable to this property and that Council will not be held responsible when action on this consent results in any loss or damage by way of breach of matters relating to title of the property.
E You are advised that compliance with the requirements of the Disability Discrimination Act, (DDA) applies to works on this site. It should be noted that compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.
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Officers Reports
DA07-3071 SEPP SENIORS LIVING PROJECT - 189 SELF CONTAINED UNITS AND COMMUNITY CENTRE,
LOT 611 DP867202, 372 NEW ENGLAND HIGHWAY, RUTHERFORD
Locality Plan
Attachment No : 1
Number of Pages : 1
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Officers Reports
Development Plans
Attachment No : 2
Number of Pages : 9
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Officers Reports
Staging Plans
Attachment No : 3
Number of Pages : 1
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Officers Reports
Distance to Services & Facilities
Attachment No : 4
Number of Pages : 2
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Officers Reports
Hunter Regional Development Committee
Attachment No : 5
Number of Pages : 2
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Officers Reports
Submission
Attachment No : 6
Number of Pages : 3
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Officers Reports
Confirmation of Medical
Attachment No : 7
Number of Pages : 1
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da07-3071 sepp senior d c gl : app

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