development application - orange city council...sam d' anastasi cf- peter basha planning &...

PLANNING & DEVELOPMENT

DEVELOPMENT APPLICATION

Proposed Dual Occupancy and Subdivision (2 Lots) Lot 405 DP 1228050

38 Newport Street, Orange

Prepared for

Crystal Waters {Australia) Pty Ltd May 2019

Ref: DA1LCB19034

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

TABLE OF CONTENTS

Section 1.0 1

INTRODUCTION 1 1.1 OVERVIEW 1 1.2 DOCUMENTATION 1 1.3 APPLICANT 2 1.4 OWNER 2

Section 2.0 3

SUBJECT LAND 3 2.1 LOCATION, TITLE AND ZONING 3 2.2 SITE DESCRIPTION 3 2.3 SERVICES 4 2.4 URBAN CONTEXT 4 2.5 CONSTRAINTS AND OPPORTUNITIES 4

Section ~.O 6

THE PROPOSAL 6 3.1 PROPOSED DUAL OCCUPANCY 6 3.2 PROPOSED SUBDIVISION 7 3.3 STAGING 7

Section +.0 8

TOWN PLANNING CONSIDERATIONS 8

4.1 PROVISIONS OF ENVIRONMENTAL PLANNING INSTRUMENTS 8 4.1.1 State Environmental Planning Policy 55 - Remediation of Land 13

4.2 PROVISIONS OF DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS 13 4.3 PROVISIONS OF ORANGE DEVELOPMENT CONTROL PLANS 2004-07 DEVELOPMENT IN

RESIDENTIAL AREAS 13 4.3.1 4.3.2 4.3.3 4.3.4 4.3.5 4.3.6 4.3.7 4.3.8 4.3.9 4.3.10 4.3.11 4.3.12 4.3.13 4.3.14 4.3.15 4.3.16 4.3.17 4.3.18

Subdivision 13 Site Analysis 14 Neighbourhood Character 14 Building Appearance 16 Setbacks 17 Visual Bulk 17 Walls and Boundaries 18 Daylight and Sunlight 19 Views 21 Visual Privacy 21 Acoustic Privacy 23 Security 23 Public Transport 24 Circulation and Design 24 Car Parking 24 Private Open Space 25 Open Space and Landscaping 26 Stormwater 27

4.3.19 Erosion and Sedimentation 28 4.4 MATIER PRESCRIBED BY THE REGULATIONS 28 4.5 THE LIKELY IMPACTS OF THE DEVELOPMENT 29

4.5.1 Generally 29 4.5.2 Visual Amenity 29 4.5.3 Solar Access 29

4.5.4 Traffic Impacts 29 4.5.5 Existing and Future Amenity of the Neighbourhood 30 4.5.6 Soil Erosion 30 4.5.7 Cumulative Impacts 30

4.6 THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT 31 4.6.1 Physical Attributes 31 4.6.2 Servicing 31

4.7 SUBMISSIONS IN ACCORDANCE WITH ACT OR REGULATIONS 31 4.8 THE PUBLIC INTEREST 31

Section 5.0 32

CONCLUSION 32

Annexure A Plans by Peter Basha Planning & Development

Annexure B Building Design Plans by Sam Morgan Designs Architectural Drafting

Annexure C BASIX / ABSA /NatHERS Certificates

ii

Section 1.0

INTRODUCTION

1.1 OVERVIEW

This development application relates to vacant residential land at 38 Newport

Street, Orange, described as Lot 405 DP 1228050. The proposal involves:

• Construction of 2 single-storey dwellings on the subject land, as depicted in the attached plans by Sam Morgan Designs Architectural Drafting (refer Drawings 1-14 in Annexure B).

• Subdivision of the land to create 2 lots as depicted in the attached plans by Peter Basha Planning & Development (refer Figure 3 in Annexure A).

1.2 DOCUMENTATION

The development application consists of this report, a completed application

form, and the following documentation:

Annexure A - Plans by Peter Basha Planning and Development Pty Ltd

Figure 1

Figure 2

Figure 3

Locality

Existing Boundaries and Site Detail

Proposed Subdivision and overall site plan

Annexure B - Plans by Sam Morgan Designs Architectural Drafting

Drawing 01

Drawing 02

Drawing 03

Drawing 04

Drawing 05

Drawing 06

Site Plan

Floor Plan Dwelling 1

Elevations Dwelling 1

Floor Plan Dwelling 2

Elevations Dwelling 2

Construction Detail, Sediment Control, BASIX, Construction

Notes

Peter Basha Planning & Development

Proposed Dual Occupancy and Subdivision (2 Lots) 38 Newport Street, Orange. Lot 405 DP 1228050. Page 2

Drawing 07 Generic Perspective, Driveway Gradient

Drawing 08 Subdivision Plan

Drawing 09 Northern Windows- Dwelling 1

Drawing 10 Northern Windows - Dwelling 2

Drawing 11 Shadow Diagrams 9am & 10am

Drawing 12 Shadow Diagram 11am & 12pm

Drawing 13 Shadow Diagrams 1pm & 2pm

Drawing 14 Shadow Diagrams 3pm

Annexure C

BASIX / ABSA / Nat HERS Certificates

1.3 APPLICANT

Sam D' Anastasi

cf- Peter Basha Planning & Development

PO Box 1827

ORANGE NSW 2800

1.4 OWNER

Crystal Waters (Australia} Pty Limited PO Box 60 CANOWINDRA 2804


Section2.0

SUBJECT LAND

2.1 LOCATION, TITLE AND ZONING

The subject land is located on the southern side of Newport Street and has a frontage to Buckland Drive, in the North Orange residential area (refer below

and Figure 1). The street address is 38 Newport Street, Orange.

·,,o.RATAH SPORTS LL~3

The Real Property description is Lot 405 DP 1228050, Parish of March, and

County of Wellington.

The land is zoned Rl General Residential pursuant to Orange Local

Environmental Plan (LEP) 2011.

2.2 SITE DESCRIPTION

The subject land has an area of 981m2• It is a corner lot with a frontage to

Newport Street and Buckland Drive. The site has a 41.3 metre western boundary and 28.3 metre southern boundary. The frontage to Newport Street

is 18.5 metres plus corner splay and the frontage Buckland Drive is 29.5 metres

plus corner splay.

The subject land is vacant of any structures and covered with grass/dirt.


Proposed Dual Occupancy and Subdivision (2 Lots) 38 Newport Street, Orange. Lot 405 DP 12280_50_. ~ Page 4

The land falls from the south east to north west.

An easement to drain sewage (variable width) exists along the southern boundary, and an easement to drain sewage 2 metres wide exists in the north

west corner. These easements do not affect the proposed development.

2.3 SERVICES

Typical urban utilities are available to the subject land as follows:

• Council's sewer and stormwater mains extends along the southern

boundary and to the north western corner.

• Stormwater, town water, electricity, gas and telephone mains are located

at the front of the site in the road reserves.

2.4 URBAN CONTEXT

The subject land is located within a relatively new residential release area. The

development pattern comprises established dwellings; dwellings under construction and vacant lots.

The properties immediately to the south and west of the development site comprise new dwellings. Land to the north and east of the subject land, over

the road, is a mix of established dwellings and vacant land.

2.5 CONSTRAINTS AND OPPORTUNITIES

A site analysis has been provided in Figure 2. There are certain aspects of the

site that present constraints and opportunities for the development. These are summarised as follows:

• Due to its size and configuration, the subject land represents a suitable site for dual occupancy development and enables the proposal to continue the

expected streetscape pattern of single-storey detached dwellings that face the street.

• Reasonable solar access can be achieved through adequate setbacks from

boundaries and the single storey nature of the surrounding area.



• The proposed dwelling floor levels relate reasonably to the slope of the land; and a retaining structure is proposed to address cut earthworks along

the proposed new boundary within the site. The retaining wall is recessed

into the site to be clear of the nature strip.

• The slope of the site and the location of existing services will enable the development to achieve gravity drainage to sewer and stormwater mains without the need for new easements over other land.

• The development has been designed to recognise the easements that affect the site.


Section,.O

THE PROPOSAL

This application seeks consent for development of the land as follows:

3.1 PROPOSED DUAL OCCUPANCY

It is proposed to construct 2 single storey detached dwellings on the subject land as depicted in the attached plan set by Sam Morgan Designs (refer Annexure B).

Proposed Dwelling 1 will contain 4 bedrooms (master bedroom with ensuite

and walk in robe); open-plan kitchen, dining and family; bathroom; laundry; and double car garage.

Proposed Dwelling 2 will contain 3 bedrooms (master bedroom with ensuite

and walk in robe); open plan kitchen, dining and family room; bathroom; laundry; and double garage.

The external finishes for both dwellings comprises:

• Face brick walls;

• Tiled roof cladding

• Power coated aluminium-framed windows and doors;

• Colorbond panel style garage doors.

The site will be landscaped, and lawn areas will be established. Private open space with reasonable solar access will be provided.

A retaining wall is proposed to address the cut and fill required along the proposed new boundary between each lot. The retaining wall has a maximum height of 0.8 metres and will be recessed reasonably from the front boundary. No changes in ground level are required along the southern or western boundary of neighbouring properties.

Cream Colorbond fencing, 1.5 metres high exists along the southern boundary and Monument Colorbond fencing, 1.8 metre high, exists on the western boundary of the site. A 1.8 metre high Colorbond fence will be provided along the proposed common boundary between proposed Dwellings 1 and 2.


Proposed Dual Occupancy and Subdivision (2 Lots) 38 Newport Street, Orange. Lot 405 D_P_1_22_8_05_0_. P_a=ge_7_

3.2 PROPOSED SUBDIVISION

As shown in the attached Figure 3, it is proposed to subdivide the subject land

to create 2 urban residential lots as follows:

Lot Area m2 subject to survey

4051 515.7m2

4052 465.3m2

TOTAL 981m2

Proposed Lot 4051 represents a Standard Lot (500m2 or greater). Proposed Lot

4052 represents a Cottage Lot (>350m2 to <500m2) under Orange DCP 2004.

Proposed Lot 4051 will excise Dwelling 1 and have vehicle access off Newport Street. Proposed Lot 4052 will excise Dwelling 2 and have vehicle access off Buckland Drive.

Each of the proposed lots/dwellings will be connected to urban utility services

in accordance with the requirements of the relevant supply authority.

3.3 STAGING

The proposal involves the following development staging:

Stage 1 Construction of proposed Dwellings 1 and 2

Stage 2 Subdivision to create proposed Lots 1 and 2


Section4.0

TOWN PLANNING CONSIDERATIONS

In determining the application, Council must take into consideration the relevant

matters under section 4.15 ofthe Environmental Planning and Assessment Act, 1979.

These are assessed below.

4.1 PROVISIONS OF ENVIRONMENTAL PLANNING INSTRUMENTS

Orange Local Environmental Plan 2011 (the LEP) applies. The relevant provisions are considered below.

Zoning

The subject land is zoned Rl General Residential. The zone objectives are:

• To provide for the housing needs of the community.

• To provide for a variety of housing types and densities.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

• To ensure development is ordered in such a way as to maximise public transport patronage and encourage walking and cycling in close proximity

to settlement.

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

The proposal is consistent with the zone objectives as follows:

• In response to the first stated objective, the proposal would have a positive effect on the housing needs of the community by increasing the offering

and range of residential accommodation.

• In response to the second stated objective, the proposal contributes to the variety of housing types and densities.

• The third stated objective is not relevant to this proposal. The development involves residential land use only.



• In consideration of the fourth zone objective, the subject land is within an established residential area that is to be serviced by public bus routes.

• The fifth stated objective pertains to the Southern Link Road and is not relevant to this proposal.

Permissibility

According to the dictionary in the LEP, the proposed development would be defined as residential accommodation (dual occupancy) and subdivision.

According to the Land Use Table in Part 2 of the LEP dual occupancy is permissible in the Rl Zone subject to obtaining the development consent of

Council.

The proposed subdivision is permissible with the consent of Council pursuant to Clause 2.6 of the LEP.

Clause 1.2 Aims of plan

The aims of Orange LEP 2011 are as follows:

a) To encourage development that complements and enhances the unique

character of Orange as a major regional centre boasting a diverse economy and offering an attractive regional lifestyle,

b) To provide for a range of development opportunities that contribute to the social, economic and environmental resources of Orange in a way that

allows the needs of present and future generations to be met by implementing the principles of ecologically sustainable development,

c) To conserve and enhance the water resources on which Orange depends, particularly water supply catchments,

d) To manage rural land as an environmental resource that provides economic

and social benefits to Orange,

e) To provide a range of housing choices in planned urban and rural locations to meet population growth,

f) To recognise and manage valued environmental heritage, landscape and

scenic features of Orange. Peter Basha

Planning & Development

Proposed Dual Occupancy and Subdivision (2 Lots) 38 Newport Street,_Qrange. Lot 405 DP 1228050. Page 10

In consideration of the aims of LEP 2011, the following comments are provided

in support of the development:

• For the reasons outlined in this report, the proposal will complement and enhance the character of Orange as a major regional centre [General Aim

(a)].

• The proposal would have a neutral effect in terms of the social, economic and environmental resources of the City. There are no aspects of the

proposal that would compromise the principles of ecologically sustainable

development [General Aim (b)].

• There are no aspects of the proposal that would represent a direct threat

to the City's water resources [General Aim (c)].

• The management of rural land as an environmental resource is not relevant

to this proposal [General Aim (d)].

• The proposal will contribute to the City's range and supply of housing choices [General Aim (e)].

• For the reasons outlined in this report, the proposal will not adversely affect the value of heritage, landscape and scenic features of the City

[ General Aim (f)].

Clause 4.18 Minimum lot size for dual occupancy, multi dwelling housing

Clause 4.18 is applicable to the proposal. The objective of this clause is to

achieve planned residential density in certain zones. Pursuant to Clause

4.1B(2}, the minimum lot size for dual occupancy in the Rl General Residential zone is 800m2.

The subject land has an area of 98lm2 and therefore complies with the

requirements of this clause.

Clause 7.3 Stormwater management

Clause 7.3 provides as follows:

l} The objective of this clause is to minimise the impacts of urban stormwater

on the land to which the development applies and on adjoining downstream properties, native bushland and receiving waters.


Proposed Dual Occupancy and Subdivision (2 Lots) 38 Newport Street, Orange. Lot_40_5_D_P_1_2_28_0_5_0. P~ag~e_l_l_

2) This clause applies to all land in residential, business and industrial zones.

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

development:

a) is designed to maximise the use of water permeable surfaces on the

land having regard to the soil characteristics affecting on-site infiltration of water, and

b) includes, where practical, on-site stormwater retention for use as an

alternative supply to mains water, groundwater or river water, and

c) avoids any significant impacts of stormwater runoff on adjoining downstream properties, native bushland and receiving waters, or if that

impact cannot be reasonably avoided, minimises and mitigates the

impact.

The proposed development will be connected to the existing stormwater mains in accordance with Council's normal requirements.

Clause 7.6 Groundwater vulnerability

The subject land is defined on the Orange Local Environmental Plan 2011 - Groundwater Vulnerability Map as having moderate groundwater vulnerability. Clause 7.6 of the LEP provides as follows:

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

key groundwater systems and to protect vulnerable groundwater

resources from depletion and contamination as a result of inappropriate development.

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

the Groundwater Vulnerability Map.

3) Before determining a development application for development on land to which this clause applies, the consent authority must consider:

a) whether or not the development (including any on-site storage or

disposal of solid or liquid waste and chemicals) is likely to cause any groundwater contamination or have any adverse effect on

groundwater dependent ecosystems, and Peter Basha



b) the cumulative impact (including the impact on nearby groundwater extraction for potable water supply or stock water supply) of the

development and any other existing development on groundwater.

4) Development consent must not be granted to development on land to

which this clause applies unless the consent authority is satisfied that:

a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

b) if that impact cannot be reasonably avoided-the development is designed, sited and will be managed to minimise that impact,

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

managed to mitigate that impact.

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

adverse impact on groundwater resources. In this regard:

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

reticulation.

• The residential use of land does not normally involve the storage or disposal of large quantities of liquid waste or chemicals.

Clause 7.11 Essential services

Pursuant to Clause 7.11, development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that

adequate arrangements have been made to make them available when

required:

a) the supply of water,

b) the supply of electricity,

c) the disposal and management of sewage,

d) storm water drainage or on-site conservation,

e) suitable road access. Peter Basha



The proposed development will satisfy the requirements of this clause. The subject land has two frontages to a public road and is connected to available

urban utilities. Adjustment or augmentation of existing service connections will be in accordance with the requirements of the relevant supply authority.

4.1.1 State Environmental Planning Policy 55 - Remediation of Land

Clause 7(1) of SEPP 55 Remediation of Land provides that a consent authority must not consent to the carrying out of any development on land unless:

a) It has considered whether the land is contaminated, and

b) If the land is contaminated, it is satisfied that the land is suitable in its contaminated state {or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

c) If the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

In terms of potential soil contamination, it is understood that an assessment was undertaken as part ofthe subdivision requirements that applied in relation to the creation of the subject land. Since its creation as a residential allotment, the subject land has remained vacant.

On this basis, it is understood that Council would not require further assessment in regard to potential site contamination.

4.2 PROVISIONS OF DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

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

likely to affect the subject land or proposed development.

4.3 PROVISIONS OF ORANGE DEVELOPMENT CONTROL PLANS 2004-07 DEVELOPMENT IN RESIDENTIAL AREAS

Orange DCP 2004-07 Development in Residential Areas is relevant to this

proposal. The provisions of Part 7 are considered below.

4.3.1 Subdivision

The DCP sets the following {applicable) Planning Outcomes in regard to Urban

Residential Subdivision: Peter Basha


Proposed Dual Occupancy and Subdivision (2 Lots} 38 Newport Street, Orange. Lot 405 DP 1228050. Page 14

• Lots below 500m2 indicate a mandatory side setback to provide for solar access and privacy.

• Lots are fully serviced and have direct frontage and access to a public road.

• Corner lots provide for a house to front one street.

• Design and construction complies with the Orange Development and Subdivision Code

This proposal satisfies the above Planning Outcome due to the following:

• Proposed Lots 4051 and 4052 depict the boundary setbacks for the proposed dwelling in each. As demonstrated in this report, the proposed lots will be of sufficient area to provide a satisfactory standard of

residential amenity to the proposed dwellings in respect of solar access and

privacy.

• The proposed development will be connected to Council's sewer, town water and stormwater reticulations in accordance with normal

requirements. Power, telephone and natural gas services are available to the development in accordance with the requirements of the relevant

supply authority.

• The subdivision design and construction will comply with the Orange Development and Subdivision Code.

4.3.2 Site Analysis

In accordance with Section 7.6, a Site Analysis has been provided in Figure 2 and the constraints and opportunities explained in Section 2.5 of this report.

4.3.3 Neighbourhood Character

The DCP sets the following Planning Outcomes in regard to Neighbourhood Character:

• Site layout and building design enables the:

Creation of attractive residential environments with clear character and identity

Use of site features such as views, aspect, existing vegetation and landmarks

• Buildings are designed to complement the relevant features and built form that are identified as part of the desired neighbourhood character.

• The streetscape is designed to encouraqe pedestrian access and use. Peter Basha



This proposal satisfies the above Planning Outcomes due to the following:

• The site layout and building design is intended to create an attractive residential environment. In this regard:

Based on the prevailing development pattern in the North Orange residential area, the desired neighbourhood character in this area

comprises mostly contemporary, detached single-storey dwellings with landscaped front yards and separate driveways. The proposed

development displays similar attributes and therefore remains consistent with the character of the neighbourhood.

The site is not influenced or constrained by important views or landmarks.

Both dwellings have been designed to maximise solar access by providing north facing windows for the open plan living areas and

alfresco. Further, the north facing private open space achieves adequate solar access.

• The dwellings adopt a building form and finish that is considered typical of residential development in the City's newer northern residential areas. In

particular, the proposed dwellings comprise the following elements to remain consistent with the expected development form:

Detached configuration

Hipped roof line

Face brick external walls

- Tiled roofing cladding

Front door facing the street

- Garage door facing the street

Bulk and scale commensurate with other dwellings

Landscaped front yards

- Separate driveways



• Notwithstanding the modest increase in traffic movements (due to one additional dwelling), the proposal will not adversely impact on pedestrian

access associated with the streetscape, due to the following:

Pedestrian movements are expected to be modest in this

neighbourhood.

The reverse egress arrangements for the proposed dwellings will be consistent with those for single dwellings in this neighbourhood and

throughout the City generally.

Adequate driver and pedestrian sight lines will be achieved so that vehicles entering and exiting the site are visible to pedestrians and vice

versa.

4.3.4 Building Appearance

The DCP sets the following Planning Outcomes in regard to Building

Appearance:

• The building design, detailing and finishes relate to the desired neighbourhood character, complement the residential scale of the area, and add visual interest to the street.

• The frontages of buildings and their entries face the street.

• Garages and car parks are sited and designed so that they do not dominate the street frontage.

This proposal can be demonstrated to be satisfactory in this regard due to the

following:

• The external finishes (face brickwork walls; tiled roofing; and powder coated garage doors and window frames) are considered appropriate in this mostly developed residential neighbourhood.

• Each of the proposed dwellings will address the respective street frontage with a contemporary facade comprising windows, front entry door and porch. Landscaping is proposed as indicated in the landscape plan.

• The garages will not unreasonably dominate the respective street frontage due to the following:

Each garage is recessed in the front elevation of the respective

dwelling. Peter Basha


Proposed Dual Occupancy and Subdivision (2 Lots) 38 Newport Street, Orange_._Lo_t_4_0_5 _D_P _12_2_80_5_0_. Page 17

- The width of the garage door opening in each dwelling is less than 50% of the facade of the respective dwelling. The garage door opening in

Dwelling 1 comprises 41% of the width of its Newport Street elevation; whilst the garage door opening in Dwelling 2 comprises 39% of its Buckland Drive elevation.

- The garages are setback a minimum of 5.5 metres as encouraged by the DCP.

- The frontage for each dwelling is to be landscaped.

4.3.5 Setbacks

The DCP sets the following Planning Outcomes in regard to Setbacks:

• Street setbacks contribute to the desired neighbourhood character, assist with the integration of new development and make efficient use of the site.

• Street setbacks create an appropriate scale for the street considering all other streetscape components.

The DCP specifies that a front setback of 4.5 metres must be achieved. This has been achieved for the dual occupancy, notwithstanding the allowable setback for 2 metres for corner sites.

Dwelling 1

Proposed Dwelling 1 achieves the required minimum setback and proposes a setback of 4.87 metres from the front wall to the front boundary.

The garage for Dwelling 1 will have a minimum setback at least 5.5 metres from the front boundary and therefore complies with the minimum setback of 5.5 metres encouraged by the DCP.

Dwelling 2

Proposed Dwelling 2 is setback 4.5 metres from the front boundary line and therefore complies with the requirement specified. The garage for Dwelling 2

will have a setback of some 5.93 metres from the front boundary, exceeding the minimum of 5.5 metres as encouraged by the DCP.

4.3.6 Visual Bulk

The DCP sets the following Planning Outcomes in regard to Visual Bulk: Peter Basha


Proposed Dual Occupancy and Subdivision (2 Lots) 38 Newport Street, Orange. Lot 405 DP 1228050_. ~ Pa__,,g'-e_1_8_

• Built form accords with the desired neighbourhood character of the area with:

Side and rear setbacks progressively increased to reduce bulk and overshadowing

Site coverage that retains the relatively low density landscaped character of residential areas

Building form and siting that relates to landform, with minimal land shaping (cut and fill}

Building height at the street frontage that maintains a comparable scale with the predominant adjacent development form

Building to the boundary where appropriate

The proposal is considered satisfactory in terms of the above Planning Outcomes due to the following:

• The buildings are reasonably contained within the visual bulk envelope

(VBE), generated by planes projected at 45° over the site, commencing 2.5

metres above existing ground level from each side and rear boundary.

• Dwelling 1 will slightly encroach upon the VBE applying to the northern

boundary of the site. However, the setbacks are compliant and the DCP

allows for an encroachment for eaves and other projections.

• The proposed dual occupancy will comprise a total building area of 430.56m2• Based on the site area of 981m2 the development will have site coverage of 43.8% to comply with the maximum of 50% prescribed in the

DCP.

• The slope of the land will require only earthworks and retaining structures along the proposed new boundary (up to a maximum of 800mm) for the

establishment of the site. Therefore, adjoining properties are unaffected

by earthworks and existing ground level on boundaries will be maintained.

• The proposed finished floor levels for Dwellings 1 and 2 relate reasonably to existing ground levels and are not expected to generate adverse impacts

in respect of visual bulk, solar access or privacy.

4.3.7 Walls andBoundaries

The DCP sets the following planning outcomes in regard to Walls and

Boundaries:

• Building to the boundary is undertaken to provide for efficient use of the site taking into account:


Proposed Dual Occupancy and Subdivision (2 Lots) 38 Newport Street, Orange. Lot 405 D~ 12280_5_0_. P_a=ge_19_

The privacy of neighbouring dwellings and private open space

The access to daylight reaching adjoining properties

The impact of boundary walls on neighbours

Building to the boundary is considered unnecessary in this case. As explained

later in this report, the proposed dwellings would not unreasonably reduce the amount of daylight that reaches adjoining properties or unreasonably impact

upon their privacy.

4.3.8 Daylight and Sunlight

The DCP sets the following Planning Outcomes in regard to Daylight and

Sunlight:

• Buildings are sited and designed to ensure:

Daylight to habitable rooms in adjacent dwellings is not significantly reduced

Overshadowing of neighbouring secluded open spaces or main living area windows is not significantly increased

Consideration of Council's Energy Efficiency Code.

Overshadowing of Dwellings

According to the DCP Guidelines and Council's Energy Efficiency Code, sunlight

to at least 75% of north-facing living-area windows within the development

and on adjoining land is to be provided for a minimum of 4 hours on 21 June; or not further reduced than existing where already less.

The proposed development is considered satisfactory as demonstrated in the

shadow diagrams for Dwelling 1 and 2. These show that the north facing windows for the living areas will achieve the required amount of direct sunlight on 21 June for the required minimum 4 hour period. Dwelling 1 achieves the requirement between 9:00am and 1:00pm and Dwelling 2 achieves the

requirement between 11:00am and 3:00pm.

The development will not overshadow the north facing windows of the existing dwellings to the west and south due to the garage of each of these dwellings being adjacent to the subject site. T

The development will not overshadow properties to the east due to the Buckland Drive road reserve that form that boundaries.



Overshadowing of Private Open Space

According to the DCP Guidelines and Council's Energy Smart Homes Code, sunlight is to be available to at least 40% of required open space for dwellings

within the development and on neighbouring properties for at least 3 hours

between 9.00am and 3.00pm.

The proposed development is satisfactory due to the following:

• Overshadowing of private open space within the development itself is

considered to be acceptable as follows:

Dwelling 1 comprises a gross floor area of 169.03m2 (excluding garage,

alfresco and porch) and therefore requires a private open space area of

84.515m2. Forty percent (40%) of the required open space area is

33.81m2. The shadow diagrams indicate that the area of direct sunlight will range from 48.55m2 to 67.35m2 between 10:00am and 2:00pm on

the winter solstice.

Dwelling 2 comprises a floor area of 150. 77m2 (excluding garage,

alfresco and porch) and therefore requires a private open space area of 75.39m2• Forty percent (40%) of the required open space area is

30.15m2• The shadow diagrams indicate that the area of direct sunlight

will range from 32.38m2 to 49.93m2 between 10:00am and 2.00pm on

the winter solstice.

• The shadow diagrams indicate that shadowing on the adjoining property to the west is modest with shadow effect attributed mostly to the existing

fence and occurring only in the morning period. As such, the development

would meet the DCP requirements in regard to maintaining solar access to

the private open space on the adjoining land to the west.

• The shadow diagrams indicate that the majority of the shadowing from the development is towards the south. The shadowing is attributed to the fence but predominately affects the windowless garage. As such, the

development would meet the DCP requirements in regard to maintaining

solar access to the private open space of adjoining properties.

Energy Performance Statement

BASIX / ABSA/ NatHERS certificates have been prepared (refer Annexure C).

The dual occupancy will comply with the relevant provisions in respect of

water, thermal comfort and energy. Peter Basha


Proposed Dual Occupancy and Subdivision (2 Lots) 38 Newport Street, Orange. Lot 405 DP 122_80_5_0_. P~ag~e_2_1~

The proposed development is considered satisfactory in terms of Council's Energy Efficiency Code due to the following:

• Energy efficient influences in the design include northerly orientation of living areas and slab on ground.

• Energy efficient influences in the landscape design include the provision of species or plantings with low water demand. All beds are recommended to

be mulched.

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

• An alternative reticulated water supply is available. Accordingly, rainwater

tanks are not required.

• The hot water system for each dwelling will be of a type that achieves the

star rating recommended in the BASIX certificate for each dwelling.

4.3.9 Views

The DCP sets the following Planning Outcomes in regard to Views:

• Building form and design allow for residents from adjacent properties to share prominent views where possible.

• Views including vistas of heritage items or landmarks are not substantially affected by the bulk and scale of the new development.

Being single-storey and with finished floor levels reasonably commensurate

with existing ground level, the proposed dwellings would not unreasonably diminish views for other properties in the vicinity.

4.3.10 Visual Privacy

The DCP sets the following Planning Outcomes in regard to Visual Privacy:

• Direct overlooking of principal living areas and private open spaces of other dwellings is minimised firstly by:

Building siting and layout

Location of windows and balconies

And secondly by:

Design of windows or use of screening devices and landscaping. Peter Basha



In consideration of the DCP Guidelines, the proposal is considered to be satisfactory due to the following:

Privacy within the Development

Privacy within the development is achieved by:

• The principal living room windows for proposed Dwellings 1 and 2 will

overlook their respective private open space area and will not directly oppose each other.

• The proposed site levels assist to maintain privacy. Generally, the finished floor levels of the dwellings are reasonably proportionate with existing

ground level and well below the DCP guideline of 1.5 metres above natural ground level at which point additional privacy measures should be

implemented.

• The front door and garage for both dwellings is orientated to different street frontages allowing occupants to achieve reasonable privacy when

entering or exiting their residence.

Privacy in relation to Neighbours

Privacy in relation to neighbours is achieved by:

• Privacy will be maintained to the southern neighbour by the following:

- A generous side setback of 2.1 metres provided by proposed Dwelling 1 to the southern boundary allows greater separation between

properties.

- The private open space for Dwelling 1 is orientated to the north and east, away from the dwelling to the south, by way of the alfresco and glass sliding doors.

- An existing 1.5 metre metal fence assists with creating a visual barrier.

• Privacy in relation to the neighbouring property to the west is enhanced through a combination of the visual barrier of the boundary 1.8 metre metal fence and an existing metal shed on Lot 406 DP 1228050 (36 Newport

Street) that blocks visibility between the properties.


Proposed Dual Occupancy and Subdivision (2 Lots) 38 Newport Street, Orange. Lot 405 D_P_1_2_28_0_5_0. _

4.3.11 Acoustic Privacy

The DCP sets the following Planning Outcomes in regard to Acoustic Privacy:

• Site layout and building design:

Protect habitable rooms from excessively high levels of external noise.

Minimise the entry of external noise to private open space for dwellings close to major noise sources.

Minimise transmission of sound through a building to affect other dwellings.

In consideration of the DCP Guidelines, the proposal is considered to be

satisfactory due to the following:

• The site is in an area where ambient noise levels are expected to be low

due to the predominant residential land use pattern.

• The dwellings are detached, thus limiting the potential for sound

penetration between them.

4.3.12 Security

The DCP sets the following Planning Outcomes in regard to Security:

• The site layout enhances personal safety and minimises the potential for crime, vandalism and fear.

• The design of dwellings enables residents to survey streets, communal areas and approaches to dwelling entrances.


satisfactory in this regard due to the following:

• The proposed building design will offer reasonable opportunities for surveillance. The dwellings will have front doors that address the street

frontage, thereby providing effective passive surveillance from the

dwelling to public areas.

• The proposed landscaping limits the opportunity for potential offenders to

conceal themselves.

• The site has reasonable access control. The lock-up garages with internal access will enhance security. The private open space areas will be fenced

so as to provide a physical barrier for intruders.



4.3.13 Public Transport

The DCP sets the following Planning Outcome in regard to Public Transport:

• Residential unit development is accessible to public transport.

The proposal is considered to be satisfactory in this regard. The subject land is located within an establishing urban residential area that is to be serviced by

public bus routes.

4.3.14 Circulation and Design

The DCP sets the following Planning Outcomes in regard to Circulation and Design:

• Accessways and parking areas are designed to manage storm water.

• Accessways, driveways and open parking areas are suitably landscaped to enhance amenity while providing security and accessibility to residents and visitors.

• The site layout allows people with a disability to travel to and within the site between car parks, buildings and communal open space.

The proposal is considered to be satisfactory in this regard, due to the following:

• A reverse exit will be required for each dwelling as is the case for the majority of new estate residential development throughout the City.

• The driveways will be located a sufficient distance from the intersection to avoid vehicle conflicts.

4.3.15 Car Parking

The DCP sets the following Planning Outcomes in regard to Car Parking:

• Parking facilities are provided, designed and located to:

Enable the efficient and convenient use of car spaces and accessways within the site.

Reduce the visual dominance of car parking areas and accessways.

• Car parking is provided with regard to the:

The number and size of proposed dwellings.

Requirements of people with limited mobility or disabilities. Peter Basha



The proposal meets the DCP requirements. According to the car parking table

in the DCP, 3.4 (4) spaces will be required for the dual occupancy (based on 1.5 spaces per 3+ bedroom dwelling and 0.2 visitor spaces per unit). Eight (8) off street car spaces will be provided for the development, comprising a double

garage and 2 tandem spaces for Dwelling 1 and Dwelling 2. Each dwelling

provides at least a 5.5 metre setback to the garages, permitting the stacking of

cars within the boundary.

4.3.16 Private Open Space

The DCP sets the following Planning Outcomes in regard to Private Open Space:

• Private open space is clearly defined far private use.

• Private open space areas are of a size, shape and slope to suit the reasonable requirements of residents including some outdoor recreational needs and service functions.

• Private open space is:

Capable of being an extension of the dwelling for outdoor living, entertainment and recreation.

Accessible from a living area of the dwelling.

Located to take advantage of outlooks; and to reduce adverse impacts of overshadowing or privacy from adjoining buildings.

Orientated to optimise year round use.

The DCP Guidelines require open space to:

• Be provided at a rate of at least 50% of the gross floor space of each

dwelling;

• Have a minimum dimension of 3 metres;

• Include at least one area with minimum dimensions of 5 metres x 5 metres directly accessible to a living area preferably orientated to the north or east

of the dwelling;

• Be adjacent to dwellings and located behind the primary front wall of the

dwelling; and

• Be allocated to individual dwellings where practicable to minimise the need

for management and maintenance of communal open space.


Proposed Dual Occupancy and Subdivision (2 Lots) 38 Newport Street, Orange. L_o_t 4_0_5_D_P_1_2_28_0_5_0. _ Page 26

The following table demonstrates that each of the proposed dwellings is provided with open space that complies with the minimum requirement in terms of area.

Dwelling Living Area (ex. Garage, Private Open Space Private Open porches, patios etc) (m2) Required by DCP (m2) Space Provided

(m2)

1 169.03m2 84.52m2 144.22m2

2 150.77m2 75.39m2 135.75m2

The site plan confirms that the private open space for each dwelling will have a minimum dimension of 5 metres x 5 metres.

As outlined above (see 4.3.8 Daylight and Sunlight) the solar access to each

area of private open space on the winter solstice is considered satisfactory.

The internal living area for each dwelling will connect to its respective area of private open space via glass sliding doors. Each private open space area will be

enclosed by fencing.

The private open space for Dwelling 1 will be located behind the new 1.8 metre

metal and brick fence. The private open space for Dwelling 2 will be located behind the primary front wall.

4.3.17 Open Space and Landscaping

The DCP sets the following Planning Outcomes in regard to Open Space and

Landscaping:

• The site layout provides open space and landscaped areas which:

Contribute to the character of the development by providing buildings in a landscaped setting.

Provide for a range of uses and activities including stormwater management.

Allow cost effective management.

• The landscape design specifies landscape themes consistent with the desired neighbourhood character; vegetation types and location, paving and lighting provided for access and security.



• Major existing trees are retained and protected in a viable condition whenever practicable through appropriate siting of buildings, accessways and parking areas.

• Paving is applied sparingly and integrated in the landscape design.


satisfactory due to the following:

• Landscaping will be provided as indicated in the submitted site plan (Drawing 1).

• The proposed landscaping includes species that are suitable to the Orange area with plantings that are of appropriate foliage and of intermediate and taller height to maximise screening and aesthetic appeal.

4.3.18 Stormwater

The DCP sets the following Planning Outcomes in regard to Stormwater:

• On-site drainage systems are designed to consider:

Downstream capacity and need for on-site retention, detention and re-use.

Scope for on-site infiltration of water.

Safety and convenience of pedestrians and vehicles.

Overland flow paths.

• Provision is made for on-site drainage which does not cause damage or nuisance flows to adjoining properties.


• The submitted landscape plan provides for garden beds and lawn areas which will assist with on-site infiltration.

• Preliminary engineering investigations indicate that easements to drain

water over adjoining land will not be required.

• Stormwater from the development will be directed to existing drainage infrastructure.



4.3.19 Erosion and Sedimentation

The DCP sets the following Planning Outcomes in regard to Erosion and Sedimentation:

• Measures implemented during construction to ensure that the landform is stabilised and erosion is controlled.


• An erosion and sediment control plan will be prepared as part of the engineering design plans for the development.

• It is acknowledged that a construction certificate will not be issued until Council is satisfied that adequate arrangements have been

proposed/implemented in regard to management, stabilisation and revegetation of disturbed areas

4.4 MATTER PRESCRIBED BY THE REGULATIONS

The Environmental Planning and Assessment Regulation 2000 prescribes

certain matters that must be considered by Council in determining a

development application. The following information is provided in respect of the prescribed matters:

Demolition of a Building (Clause 92)

Not applicable.

Fire Safety Considerations (Clause 93)

Not relevant.

Buildings to be Upgraded (Clause 94)

Not relevant.

BASIX Commitments (Clause 97A)

BASIX/ABSA / NatHERS certificates for the proposed dual occupancy are

attached at Annexure C. The proposed dwellings will satisfy the relevant

provisions in respect of water, thermal comfort and energy. Peter Basha



4.5 THE LIKELY IMPACTS OF THE DEVELOPMENT

The potential impacts of the development are considered below.

4.5.1 Generally

The proposed development is unlikely to generate any impacts that would adversely affect the quality of the environment of the locality; particularly as

such development is considered to be entirely consistent with the zone objectives and would achieve reasonable integration with the surrounding land use pattern.

4.5.2 Visual Amenity

The visual impact of the proposed dwellings is considered satisfactory and has been addressed above in the relevant considerations under DCP 2004.

4.5.3 Solar Access

As assessed above, the proposed dwellings are considered satisfactory in terms of solar access.

4.5.4 Traffic Impacts

The proposal is considered to be satisfactory in terms of traffic impacts due to the following:

• The proposal involves the creation of only 1 additional lot that is required to be serviced by the existing road system. The capacity of the local road

network in the vicinity of the site is sufficient to cater for the minor traffic increase that would be generated by this proposal. The level of increase as

a result of the development would represent only a minor proportion of the total traffic volume that the local road network is subject to.

• The access arrangements for each dwelling are satisfactory. Reverse egress is consistent with manoeuvring arrangements for the majority of street facing residential development throughout the city.

• Adequate driver and pedestrian sight lines can be achieved so that vehicles entering and exiting the site are visible to pedestrians and other vehicles and vice versa.



• The provision of adequate off-street parking will assist to maintain traffic amenity. Tandem parking spaces will be wholly located within the subject

land.

4.5.5 Existing and Future Amenity of the Neighbourhood

The potential impact upon the amenity of the neighbourhood is considered satisfactory and has been addressed above in the relevant considerations

under DCP 2004.

4.5.6 Soil Erosion

Provided that adequate measures are implemented during the construction

phase, the proposed development would not generate adverse impacts in

terms of soil erosion.

4.5. 7 Cumulative Impacts

The proposal is considered to be satisfactory in terms of cumulative impact due to the following:

• The development pattern for the area is emerging.

• The design and detailing of the dwellings will complement the expected

neighbourhood character. The proposed external finishes, bulk and form of

the dwellings are considered typical of development in the newer residential areas of North Orange.

• The proposed development will not reduce the open space, solar access or

privacy afforded to neighbouring properties. Similarly, the site layout and building design will provide a reasonable standard of residential amenity to the proposed dwellings in terms of open space, solar access and privacy.

• Landscaping will be established for both dwellings and is expected to complement future private landscaping in the streetscape.

• As outlined previously, the proposal is considered satisfactory in terms of traffic impact and amenity.

• The proposal provides for a continuation of residential land use, albeit in a more compact form. A variation in housing forms and choices is

encouraged by Orange DCP 2004 and Orange LEP 2011.


Proposed Dual Occupancy and Subdivision (2 Lots) 38 Newport Street, Orange. Lot 405 DP 1228050"--.--- ·----- P~ag~e_3_1_

4.6 THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT

4.6.1 Physical Attributes

As indicated in Section 2.5 of this report, there are no aspects of the site that would suggest that it is not suitable for the proposed development.

4.6.2 Servicing

The proposed development will be connected to Council's sewer, town water and stormwater reticulations in accordance with normal requirements.

Power, telephone and natural gas services will be connected to the development in accordance with the requirements of the relevant supply

authority.

General waste, green waste and recycling for each dwelling will be collected

from the site frontage as part of Council's kerbside service.

4.7 SUBMISSIONS IN ACCORDANCE WITH ACT OR REGULATIONS

According to Orange Development Control Plan 2004 - 05 General

Consideration for Zones and Development the proposal represents Advertised Development. As such, Council will invite and consider submissions on the

proposal.

4.8 THE PUBLIC INTEREST

The proposed development is considered to be only of minor interest to the

wider public due to the relatively localised nature of potential impacts.

The proposed development is expected to have a beneficial social and economic effect. A variation in housing forms and choices is encouraged in the general aims of Orange LEP 2011 and the objectives of the Rl Zone. Affordable

housing is encouraged by Council.

The proposal is not inconsistent with any known Local or State planning policy, code or guideline that has not been considered in this assessment.


Section5.0

CONCLUSION

The proposal as submitted could be supported on the following grounds:

• The proposal is a permissible use in the zone and complies with the relevant

provisions of Orange LEP 2011.

• Assessment of the proposal pursuant to Orange DCP 2004 - 7 Development in Residential Areas demonstrates that the development would satisfy the relevant

Planning Outcomes.

• The proposal is considered to be acceptable in terms of Section 4.15 of the Environmental Planning and Assessment Act, 1979. Appropriate conditions may

be imposed to ensure the development proceeds in accordance with Council's

normal requirements.

• There are no aspects of the development that warrant refusal of the application.

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

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

Yours faithfully


Per: LUCIE BARNETT


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BASI r Building Sustainability Index www.basix.nsw.gov.au

Multi Dwelling Certificate number: 1016322M

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

Secretary Date of issue: Friday, 17 May 2019 To be valid, this certificate must be lodged within 3 months of the date of issue.

•1 - - Planning & NSW · GCN.-., Environment

:1J1t:;·1•

Project summary Project name

Street address

Local Government Area

Plan type and plan number

Lot no.

Section no.

No. of residential flat buildings

No. of units in residential flat buildings

No. of multi-dwelling houses

No. of single dwelling houses

19028_38 Newport St

38 Newport Street Orange 2800

Orange City Council

deposited 1228050

405

0

0

2

0

Project score Water t;,I 67

t;,I Pass

Target 40

Thermal Comfort Target Pass

Energy t;,I 42 Target 35

Water score comprises: Ploughmans Valley SWH Scheme reticulated alternative water 42.4 Other water efficiency commitments: 24.6

Certificate Prepared by Name I Company Name mare kiho

ABN (if applicable) 99309889330

Project address Project name

Street address

Local Government Area

Plan type and plan number

Lot no.

Section no.

19028_38 Newport St

38 Newport Street Orange 2800

Orange City Council

deposited 1228050

405

Project type No. of residential flat buildings 0

No. of units in residential flat buildings O

No. of multi-dwelling houses

No. of single dwelling houses

2

0

Site details Site area (m2)

Roof area (m2)

Non-residential floor area (m2)

Residential car spaces

Non-residential car spaces

981

390

4

Common area landscape Common area lawn (m2)

Common area garden (m2)

Area of indigenous or low water use species (m2)

0.1

00

Assessor details Assessor number

Certificate number

Climate zone

20094

0003867410

65

Project score Water 1t1' 67 Target 40

Thermal Comfort ~ Pass Target Pass

Energy 1t1' 42 Target 35

Water score comprises: Ploughmans Valley SWH Scheme reticulated alternative water: 42.4 Other water efficiency commitments: 24.6

Description of project The tables below describe the dwellings and common areas within the project

Multi-dwelling houses

4 136.0 13.0 145.0 or more bedrooms

2 3 120.0 12.0 135.0 -

1_)1

No common areas specified.

1 . Commitments for multi-dwelling houses

(a) Dwellings (i) Water (ii) Energy (iii) Thermal Comfort

2. Commitments for single dwelling houses

3. Commitments for common areas and central systems/facilities for the development (non-building specific) (i) Water (ii) Energy

ll- .! l• i ! I I,

Schedule of BASIX commitments

The commitments set out below regulate how the proposed development is to be carried out. It is a condition of any development consent granted, or complying development certificate issued, for the proposed development, that BASIX commitments be complied with.

1. Commitments for multi-dwelling houses

(a) Dwellings

(i) Water Show on DA plans

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(a) The applicant must comply with the commitments listed below in carrying out the development of a dwelling listed in a table below.

(b) The applicant must plant indigenous or low water use species of vegetation throughout the area of land specified for the dwelling in the "Indigenous species" column of the table below, as private landscaping for that dwelling. (This area of indigenous vegetation is to be contained within the "Area of garden and lawn" for the dwelling specified in the "Description of Project" table)

(c) If a rating is specified in the table below for a fixture or appliance to be installed in the dwelling, the applicant must ensure that each such fixture and appliance meets the rating specified for it.

(d) The applicant must install an on demand hot water recirculation system which regulates all hot water use throughout the dwelling, where indicated for a dwelling in the "HW recirculation or diversion" column of the table below.

(e) The applicant must install

(aa) a hot water diversion system to all showers, kitchen sinks and all basins in the dwelling, where indicated for a dwelling in the "HW recirculation or diversion" column of the table below; and

(bb) a separate diversion tank (or tanks) connected to the hot water diversion systems of at least 100 litres. The applicant must connect the hot water diversion tank to all toilets in the dwelling.

(e) The applicant must not install a private swimming pool or spa for the dwelling, with a volume exceeding that specified for it in the table below.

(f) If specified in the table, that pool or spa (or both) must have a pool cover or shading (or both).

(g) The pool or spa must be located as specified in the table.

(h) The applicant must install, for the dwelling, each alternative water supply system, with the specified size, listed for that dwelling in the table below. Each system must be configured to collect run-off from the areas specified (excluding any area which supplies any other alternative water supply system), and to divert overflow as specified. Each system must be connected as specified.

~ . . . I • I I I Individual spa

• . Volume Pool Pool Pool Volume Spa (max cover location shaded (max cover volume) volume)

All 3 star (> 4 star dwellings 7.5 but

<= 9 L/min)

4 star 4 star no

Alternative water source

Dwelling no. Alternative water Size Configuration Landscape Toilet Laundry Pool Spa top-up supply systems connection connection connection top-up

(s) All dwellings reticulated alternative

water supply See central systems yes yes

None

(ii) Energy Show on DA plans

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(a) The applicant must comply with the commitments listed below in carrying out the development of a dwelling listed in a table below.

(b) The applicant must install each hot water system specified for the dwelling in the table below, so that the dwelling's hot water is supplied by that system If the table specifies a central hot water system for the dwelling, then the applicant must connect that central system to the dwelling, so that the dwelling's hot water is supplied by that central system.

(c) The applicant must install, in each bathroom, kitchen and laundry of the dwelling, the ventilation system specified for that room in the table below. Each such ventilation system must have the operation control specified for it in the table.

(d) The applicant must install the cooling and heating system/s specified for the dwelling under the "Living areas" and "Bedroom areas" headings of the "Cooling" and "Heating" columns in the table below, in/for at least 1 living/bedroom area of the dwelling. If no cooling or heating system is specified in the table for "Living areas" or "Bedroom areas", then no systems may be installed in any such areas. If the term "zoned" is specified beside an air conditioning system, then the system must provide for day/night zoning between living areas and bedrooms.

(e) This commitment applies to each room or area of the dwelling which is referred to in a heading to the "Artificial lighting" column of the table below (but only to the extent specified for that room or area) The applicant must ensure that the "primary type of artificial lighting" for each such room in the dwelling is fluorescent lighting or light emitting diode (LED) lighting. If the term "dedicated" is specified for a particular room or area, then the light fittings in that room or area must only be capable of being used for fluorescent lighting or light emitting diode (LED) lighting.

)i'. i u

(ii) Energy

(f) This commitment applies to each room or area of the dwelling which is referred to in a heading to the "Natural lighting" column of the table below (but only to the extent specified for that room or area). The applicant must ensure that each such room or area is fitted with a window and/or skylight.

(g) This commitment applies if the applicant installs a water heating system for the dwelling's pool or spa. The applicant must

(aa) install the system specified for the pool in the "Individual Pool" column of the table below (or alternatively must not install any system for the pool). If specified, the applicant must install a timer, to control the pool's pump; and

(bb) install the system specified for the spa in the "Individual Spa" column of the table below (or alternatively must not install any system for the spa). If specified, the applicant must install a timer to control the spa's pump.

(h) The applicant must install in the dwelling

(aa) the kitchen cook-top and oven specified for that dwelling in the "Appliances & other efficiency measures" column of the table below;

(bb) each appliance for which a rating is specified for that dwelling in the "Appliances & other efficiency measures" column of the table, and ensure that the appliance has that minimum rating; and

(cc) any clothes drying line specified for the dwelling in the "Appliances & other efficiency measures" column of the table.

(i) If specified in the table, the applicant must carry out the development so that each refrigerator space in the dwelling is "well ventilated".

(j) The applicant must install the photovoltaic system specified for the dwelling under the "Photovoltaic system" heading of the "Alternative energy" column of the table below, and connect the system to that dwelling's electrical system.

• I .. :. All gas instantaneous 6 dwellings star

individual fan, not ducted

manual switch on/off individual fan, ducted to facade or roof

manual switch on/off

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Laundry ventilation system

natural ventilation only, or no laundry

Cooling Heating Artificial lighting Natural lighting

Dwelllnii living areas bedroom llvlng areas bedroom No. of No. of Each All Each All No. of Main no. areas areas bedrooms llvlng &/or kitchen bathrooms/ laundry hallways bathroomr: kltche

&/or study dining toilets &/or rooms toilets

gas fixed gas fixed 4 2 yes yes yes yes 3 no flued heater flued heater 3.5 Star 3.5 Star

All gas fixed gas fixed 3 2 yes yes yes yes 3 no other flued heater flued heater dwellings 3.5 Star 3.5 Star

Individual pool Individual spa Appliances & other efficiency measures - Dwelling Pool lleatlng Timer Spa heating Timer Kitchen Refrigerator Well Dishwasher Clothes Clothes Indoor or Private no. system system cooktop/oven ventilated washer dryer sheltered outdoor or

fridge • clothes unsheltered space drying line clothes

drying line All dwellings

gas cooktop & electric oven

no no yes

Alternative energy

' 0

All dwellings

(iii) Thermal Comfort Show on DA plans


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(a) The applicant must attach the certificate referred to under "Assessor details" on the front page of this BASIX certificate (the "Assessor Certificate") to the development application and construction certificate application for the proposed development (or, if the applicant is applying for a complying development certificate for the proposed development, to that application). The applicant must also attach the Assessor Certificate to the application for a final occupation certificate for the proposed development

(b) The Assessor Certificate must have been issued by an Accredited Assessor in accordance with the Thermal Comfort Protocol.

[:/ !

(iii) Thermal Comfort Show on DA plans


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(c) The details of the proposed development on the Assessor Certificate must be consistent with the details shown in this BASIX Certificate, including the details shown in the "Thermal Loads" table below.

(d) The applicant must show on the plans accompanying the development application for the proposed development, all matters which the Thermal Comfort Protocol requires to be shown on those plans. Those plans must bear a stamp of endorsement from the Accredited Assessor, to certify that this is the case.

(e) The applicant must show on the plans accompanying the application for a construction certificate (or complying development certificate, if applicable), all thermal performance specifications set out in the Assessor Certificate, and all aspects of the proposed development which were used to calculate those specifications.

(f) The applicant must construct the development in accordance with all thermal performance specifications set out in the Assessor Certificate, and in accordance with those aspects of the development application or application for a complying development certificate which were used to calculate those specifications.

(g) Where there is an in-slab heating or cooling system, the applicant must

(aa) Install insulation with an A-value of not less than 1 0 around the vertical edges of the perimeter of the slab; or

(bb) On a suspended floor, install insulation with an A-value of not less than 1.0 underneath the slab and around the vertical edges of the perimeter of the slab.

(h) The applicant must construct the floors and walls of the development in accordance with the specifications listed in the table below.

Thermal loads

All other dwellings

176.0

201.0

4.0

5.0

I I .. I

Dwelling no. . . : .. All other dwellings

136

120

No

No

3. Commitments for common areas and central systems/facilities for the development (non-building specific)

(b) Common areas and central systems/facilities

(i) Water

(a) If, in carrying out the development, the applicant installs a showerhead, toilet, tap or clothes washer into a common area, then that item must meet the specifications listed for it in the table.

(b) The applicant must install (or ensure that the development is serviced by) the alternative water supply system(s) specified in the "Central systems" column of the table below. In each case, the system must be sized, be configured, and be connected, as specified in the table.

(c) A swimming pool or spa listed in the table must not have a volume (in kls) greater than that specified for the pool or spa in the table.

(d) A pool or spa listed in the table must have a cover or shading if specified for the pool or spa in the table.

Show on Show on CC/CDC Certifier DA plans plans & specs check

.,, .,,

.,, .,,

.,,

.,,

.,, .,,

.,, .,, (e) The applicant must install each fire sprinkler system listed in the table so that the system is configured as specified in the table.

(f) The applicant must ensure that the central cooling system for a cooling tower is configured as specified in the table.

Common area Showerheads rating Toilets rating Taps rating Clothes washers rating All common areas

no common facility no common facility no common facility no common laundry facility

Central systems Size Configuration Connection (to allow for ... ) Reticulated alternative water supply

Installation of plumbing to make provision for connection to Ploughmans Valley SWH Scheme reticulated alternative water supply.

(ii) Energy

(a) If, in carrying out the development, the applicant installs a ventilation system to service a common area specified in the table below, then that ventilation system must be of the type specified for that common area, and must meet the efficiency measure specified.

(b) In carrying out the development, the applicant must install, as the "primary type of artificial lighting" for each common area specified in the table below, the lighting specified for that common area. This lighting must meet the efficiency measure specified. The applicant must also install a centralised lighting control system or Building Management System (BMS) for the common area, where specified.

(c) The applicant must install the systems and fixtures specified in the "Central energy systems" column of the table below. In each case, the system or fixture must be of the type, and meet the specifications, listed for it in the table.

Show on DA plans


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Notes

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

2. The applicant must identify each dwelling, building and common area listed in this certificate, on the plans accompanying any development application, and on the plans and specifications accompanying the application for a construction certificate I complying development certificate, for the proposed development, using the same identifying letter or reference as is given to that dwelling, building or common area in this certificate.

3. This note applies if the proposed development involves the erection of a building for both residential and non-residential purposes (or the change of use of a building for both residential and non-residential purposes). Commitments in this certificate which are specified to apply to a "common area" of a building or the development, apply only to that part of the building or development to be used for residential purposes.

4. If this certificate lists a central system as a commitment for a dwelling or building, and that system will also service any other dwelling or building within the development, then that system need only be installed once (even if it is separately listed as a commitment for that other dwelling or building).

5. If a star or other rating is specified in a commitment, this is a minimum rating.

6. All alternative water systems to be installed under these commitments (if any), must be installed in accordance with the requirements of all applicable regulatory authorities. NOTE NSW Health does not recommend that stormwater, recycled water or private dam water be used to irrigate edible plants which are consumed raw, or that rainwater be used for human consumption in areas with potable water supply.

Legend

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

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

3. Commitments identified with a"~" in the "Certifier check" column must be certified by a certifying authority as having been fulfilled. (Note a certifying authority must not issue an occupation certificate (either interim or final) for a building listed in this certificate, or for any part of such a building, unless it is satisfied that each of the commitments whose fulfilment it is required to monitor in relation to the building or part, has been fulfilled)

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Certificate number 0003867410 Certificate Date 17 May 2019 * Average Star rating 6.5

Nationwide House Energy Rating Scheme* - Multiple-dwelling summary

Scan to access this certificate online and confirm this is valid.

Assessor details

Accreditation number 20094 Name: mare kiho Organisation Kiho Building Consulting Email Phone

energy [email protected] 0400 680 815

Declaration The Assessor has provided design of interest advice to the Applicant Software BERS Pro v4.3.0.2d (3.13)

AAO ABSA

Dwelling details

Street Suburb State

Lot 405 Buckland Dr Orange NSW

Postcode: 2800

Summary of all dwellings

Certificate Details

Certificate number Dwelling/Unit number

. --- .. -·--- --- ---- ·-- -·-···--····--------- --- ------·-··- 0003867389 1

Star _ -~~~ti_~~-1~~~ _ -~~oling load ~~t~I_I_~~-~---·-· ~~JLri_g·--·--

175.7 3.8 179.5 6.7 0003867397 2 200.5 4.7 205.2 6.3

* Nationwide House Energy Rating Scheme (NatHERS) is an initiative of the Australian. state and territory governments. For more details see www.nathers.gov.au Page 1 of 1

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