modification application - orange city council€¦ · orange ex-services club limited c/- peter...

PLANNING & DEVELOPMENT

MODIFICATION APPLICATION

Section 4.55 Application to Modify Consent DA 4/2012(1)

Demolition, Alterations and Additions to Registered Club, Motel, Shop and Business Identification Signage

225-227 and 231-243 Anson Street, 42 Sale Street and 94 and 98 Byng Street, Orange

Prepared for Orange Ex-Services Club Limited

July 2019

Ref: MA3PJB1l009

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 THE APPLICATION 1

1.1 INTRODUCTION l 1.2 APPLICANT 2 1.3 OWNER 2 1.4 DOCUMENTATION 2 1.5 LAND 3 1.6 CONSENT 3

1.6.1 Original Consent 3 1.6.2 First Modification of Consent 5

1.7 PROPOSED MODIFICATION 6

Section 2.0 8 TOWN PLANNING CONSIDERATIONS 8

2.1 PROVISIONS OF ENVIRONMENTAL PLANNING INSTRUMENTS 8 2.1.1 Orange Local Environmental Plan 2011 8 2.1.2 State Environmental Planning Policy 55 - Remediation of Land 15

2.2 PROVISIONS OF DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS 16 2.3 PROVISIONS OF DEVELOPMENT CONTROL PLANS 16

2.3.1 Orange Development Control Plan 2004 - 8 Development in Business Zones 16 2.3.2 Orange Development Control Plan 2004 - 15 Car Parking 18

2.4 MATIERS PRESCRIBED BY THE REGULATIONS 18 2.5 THE LIKELY IMPACTS OF THE DEVELOPMENT 18

2.5.1 Traffic 18 2.5.2 Heritage/Streetscape/Visual lmpact 19 2.5.3 Noise 19 2.5.4 Privacy 19 2.5.5 Water Quality 19 2.5.6 Air Quality 20 2.5.7 Lighting 20 2.5.8 Overshadowing 20 2.5.9 Crime Prevention 20 2.5.10 Social and Economic lmpacts 20

2.6 THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT 20 2.7 ANY SUBMISSIONS MADE IN ACCORDANCE WITH THIS ACT OR THE REGULATIONS 20 2.8 THE PUBLIC INTEREST 20

Section ;.o 21

CONCLUSION 21

Annexure A Plans by Peter Basha Planning & Development

Section 1.0

THE APPLICATION

1.1 INTRODUCTION

This application seeks to modify DA 4/2012(2) which granted approval for Demolition, Alterations and Additions to Registered Club, Motel, Shop and

Business Identification Signage at 225-227 and 231-243 Anson Street, 42 Sale Street and 94 and 98 Byng Street, Orange (Orange Ex Services Club)

The consent includes approval for demolition of the existing Police Citizens Youth Club (PCYC) building and for that part of the site to be used initially as an on-grade parking area (Construction Phase A) and then ultimately developed

for 3 levels of apartments above the on-grade car park (Construction Phase J) as per the phasing plan below.

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It is proposed to modify the consent to:

• Reconfigure the on-grade car parking layout;

• Increase the number of parking spaces; and

• Enable the on-grade car park to be accessed via the existing driveway along the western side of the demolished PCYC building (instead of creating new

access points and driveways).

Peter Basha Planning & Development

Application to Modify Consent - DA 4/2012(2) Page 2

The modified car park is essentially an interim arrangement. Once Construction Phase J of the development is ready to proceed, the car park design and access

arrangements will revert to that which is already approved under DA 4/2012(2).

The application is made pursuant to Section 4.55(2) of the Environmental Planning & Assessment Act, 1979 (the Act).

This report provides an assessment of the development as modified pursuant

to the relevant matters in Section 4.15 of the Act.

1.2 APPLICANT

Orange Ex-Services Club Limited

c/- Peter Basha Planning & Development PO Box 1827 ORANGE NSW 2800

1.3 OWNER

Orange Ex-Services Club Limited 231-243 Anson Street

ORANGE NSW 2800

1.4 DOCUMENTATION

The application consists of this report, a completed application form, and the

following:

Annexure A - Plans by Peter Basha Planning & Development

Figure 1 Location

Figure 2 Existing boundaries and site detail

Figure 3 Proposed parking layout



1.5 LAND

The Real Property description as shown on the Notice of Determination for DA

4/2012(2} is Lot 103 DP 1037584; Lot 1 DP 517210; Lot 1 DP 710943; Lot 26 DP

531801; Lot 104 DP 1037584; Lot 23 DP 531801; and Lot 797346.

However, since determination of the DA, the land has been consolidated into

a single lot (in accordance with Condition 17 of the consent} and is now described as Lot 200 DP 1191450.

The location of the land is depicted below.

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1.6 CONSENT

1.6.1 Original Consent

Approval for Demolition, Alterations and Additions to Registered Club, Motel, Shop and Business Identification Signage was granted via DA 4/2012(1} on 12

November 2012. The consent provides for the upgrade and expansion of the current OESC facilities. The key elements of the original consent are

summarised as follows:

Demolition of the Items Below

• Bowling greens (which are now occupied by Green House subject to the consent granted to DA 351/2015}.



• Former Police Citizens Youth Club (PCYC) building in Byng Street

• Retail premises at 225 Anson Street (adjacent to south eastern corner of Club).

Alterations and Additions to Existing Club Building

Alterations and additions to the existing club building so as to upgrade and/or

expand the offering of facilities and services. The approved works include:

• Re-orientation of the lobby/reception area and central functioning core

area towards the new on grade car park facing Byng Street.

• Provision of a landscaped court through ground and first floor levels.

• Expanded bistro; a sports bar; new gaming areas; new lobby and reception;

toilets; support areas on ground floor

• Enlarged auditorium/convention area with improved flexibility on the first floor along with new restaurants, functions rooms, cinema, toilets, and

administration and support areas.

• Rationalisation of the back-of house area to the south eastern corner of the

building with direct access to and from Anson Street.

• Reconstruction of a smaller retail space at 225 Anson Street (south eastern corner of the site) in a style and finish to match the existing club building.

• Removal of the overpass to the Memorial Hall and then continue the building facade to the north eastern corner of the main building to provide

new exit doors at ground level.

Motel and Serviced Apartments

Expansion of the Templers Mill Motel to provide additional motel units along the western side of the motel as well as new units at ground level to infill the

current driveway access to the motel in Byng Street.

An apartment complex is approved to be constructed over the site of the former PCYC building (approved to be demolished). It involves construction of

an on-grade car park with 3 levels of apartments above.



Parking Deck and Gymnasium

Construction of a 4 level parking deck at the Sale Street end of the site with a 2 level gymnasium above.

Indicative Staging

The original DA documentation included indicative construction phase plans as

general guide to the sequencing of the approved development.

Relevant to this modification:

• The construction of an on-grade car park on the site of the former PCYC is identified as Construction Phase A; and

• The construction of 3 levels of apartments above the on-grade car park is

identified as Construction Phase J.

1.6.2 First Modification of Consent

The consent was modified on 19 February 2014 to reflect general changes to the approved plans that arose during detailed design as part of the

Construction Certificate process. In summary the changes included minor plan

alterations as described below:

• Inclusion of a lift for the motel (northern end of motel)

• Inclusion of a new hot water plant room, storeroom and communications room at the southern end of the motel additions.

• Provision of hydrant and sprinkler booster assemblies and associated enclosures and screen walls on the northern side (Byng Street frontage) of the motel additions.

• Reconfiguration of the northernmost ground floor room and first floor room in the motel additions to create accessible rooms.

• Reconfiguration ofthe new motel rooms on the ground floor of the existing motel essentially to accommodate a main switch room and storage room.

• Provide operable glazed louvres to link the motel pavilions (instead of the

approved metal balustrading.


Application to Modify Consent_-_D_A_4~/_20_1_2~(2~) P~ag~e_6 __

• Reconfiguration of the north eastern corner of the main club building to:

Recognise a right of way that extended along part of the northern boundary of the subject land. The alteration reduced the bar area on

the ground floor; and altered the stage, backstage and dressing room area of the auditorium on the first floor.

Comply with Condition 5 of the consent which required the north eastern corner of the main club building to match the setback of the linking structure that connects to the Memorial Hall Building. As a

result of such compliance, the original Condition 5 was deleted from

the consent.

1.7 PROPOSED MODIFICATION

It is proposed to modify the consent to reconfigure the on-grade car parking layout to suit the vacant site that will be left as a result of the PCYC demolition.

The proposed car park is depicted in the attached Figure 3. As indicated:

• Off-street parking for 44 cars including 4 accessible spaces will be provided. This represents an increase from the 25 on-grade spaces that are already approved under the current consent.

• The existing driveway along the western side of the PCYC building will be utilised to provide access to and from the proposed car park. A one-way traffic flow arrangement will be adopted. Vehicles will enter from Byng

Street and then exit via the existing OESC car park, eventually onto Sale

Street. This enables the on-grade car park to be accessed via existing access

arrangement instead of creating the new ingress and egress points and driveways that have been approved under the current consent.

• Landscaping is proposed along the Byng Street frontage and along the western edge of the car park. Such landscaping would ultimately be removed but would serve to soften the appearance of the car park during

the interim period.

• Given the interim nature of the car park, it is proposed to provide a 2 coat bitumen sealed surface.



• Whilst not shown on the plan (and subject to survey and engineering design) it is proposed to adopt a simple stormwater drainage system comprised of minimal pits and pipes with surface flows directed to existing

stormwater drainage infrastructure.

There are no aspects of the proposed modification that would compromise the

eventual approved development within this section of the site. In this regard:

• The modification does not conflict with the approved phasing plan. The current consent grants approval for demolition of the existing PCYC building and for that part of the site to be used initially for on-grade car

parking (Construction Phase A) and then ultimately developed with 3 levels of apartments above the on-grade car park (Construction Phase J).

• The modified car park is essentially an interim arrangement as allowed for under the current consent. Once Construction Phase J of the development is ready to proceed, the car park design and access arrangements will revert

to that which is already approved under DA 4/2012(2).


Section2.0

TOWN PLANNING CONSIDERATIONS

In determining the application, Council must take into consideration the relevant matters under section 4.15 of the Environmental Planning and Assessment Act, 1979.

These are assessed below.

2.1 PROVISIONS OF ENVIRONMENTAL PLANNING INSTRUMENTS

2.1.1 Orange Local Environmental Plan 2011

The modification is subject to Orange Local Environmental Plan 2011 (the LEP).

A consideration of the relevant matters is provided below.

Zone Objectives

The land is zoned B3 Commercial Core. The objectives of the B3 Zone are:

• To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local

and wider community.

• To encourage appropriate employment opportunities in accessible

locations.

• To maximise public transport patronage and encourage walking and cycling.

• To promote development that contributes to the role of the Orange CBD as the primary retail and business centre in the City and region.

The proposed modification is not adverse to the zone objectives, as it does not involve a significant change to the nature, scale or general arrangement of the

approved development.

Permissibility

DA 4/2012(2) was approved under the former Orange LEP 2000 as a

permissible use. The approved development has commenced. Pursuant to the current Orange LEP 2011, the approved uses remain permissible in the B3

Zone. Peter Basha

Planning & Development

Application to Modify Consent -._D_A_4~/2_0_12~(~2) Pa__,,g,__e_9_

Pursuant to Section 4.55 of the Environmental Planning & Assessment Act,

1979 it is proposed to modify the consent in the manner described in this application. In order for Section 4.55 to apply, it must be determined whether

or not the proposed development is substantially the same as the development

outlined in the consent.

In other modification applications, Council has referred to Tipalea Watson Pty Ltd v Kuringai Council 2003 and the matters that ought to be considered when determining whether or not the proposed modified development is

substantially the same as the development outlined in the consent. These

matters are considered below.

Significant change to the nature or intensity of the use

The proposed modification does not change the nature of the approved use.

The proposed modification will increase the number of on-grade parking spaces. However, this is not considered to represent a significant change to the

intensity of the use.

The uses, key activities, and operation will remain largely as approved and

would not radically transform the development to the extent that it would fail the "test".

Significant change to the relationship with adjoining properties

The proposed modification will not significantly change the relationship to

adjoining properties. In this regard:

• The siting of the approved on-grade park remains essentially as approved.

• The current consent includes approval for a new access to be created at the north eastern corner of the site, adjacent to the eastern neighbouring property. Under the proposed modification, the interim on-grade parking arrangements will make use of the existing access off Byng Street, thus not altering the relationship with the adjoining property to the east (during this

this interim stage).



Adverse amenity impacts on neighbours from the changes

For the reasons provided in this report, the proposed modification would not

generate additional unacceptable impacts on neighbours in terms of land use conflict, privacy, visual impact, overshadowing, noise or amenity.

Significant change to the streetscape

Compared to the current consent, the proposed modification will not result in a significant change to the streetscape.

The current consent allows for an interim on-grade car park to be established over the site of the former PCYC building as Construction Phase A ofthe overall development. A landscape strip is proposed along the Byng Street frontage.

The proposed modification retains the interim on-grade car park also as Construction Phase A of the overall development. The key changes relate

mainly to the layout and access arrangements but not to how it will appear in the streetscape, particularly as the landscape strip along the Byng Street

frontage will be retained.

Change to the scale or character of the development, or the character of the locality

The proposed modification will change the capacity of the on-ground car park but it will not change the scale or character of the development; or the

character of the locality.

The change to the capacity of the car park would see the number of parking

spaces increase from 25 to 44. This increase in numbers would not cause the modification to fail the "test".

In quantitative terms:

• Notwithstanding the increase in the number of parking spaces, the extent and siting of the car park area remains generally as approved.



• An existing access and driveway will be used at this stage, despite the current consent allowing for new access arrangements (including an additional entrance onto Byng Street) to be created.

• The proposed modification does not impact on other physical aspects of the approved development. Gross floor area; building height; building design; land use; and the like remain as approved and will not be

compromised or conflicted by the proposed modification.

The qualitative factors must also be considered. In this regard, there are no

aspects of the proposed modification that radically transform the character of

the development or the character of the neighbourhood. In particular:

• The approved use and its associated activities remain fundamentally the

same.

• The proposed modification retains the character and key attributes of the

approved development. There is nothing about the modification to suggest otherwise.

• The modification does not introduce any elements that would significantly change expectations about the approved development.

• For the reasons provided in this report, the proposed modification would not generate unacceptable impacts on neighbours in terms of land use

conflict, privacy, visual impact, overshadowing, noise or residential

amenity.

• The development as modified would remain consistent with the development description provided on the Notice of Determination for DA

4/2012(2).

On the basis of the above information, it is appropriate for the proposed modification to be dealt with pursuant to Section 4.55(2) of the Environmental

Planning and Assessment Act, 1979.

Clause 1.2 Aims of Plan

The aims of the LEP 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 for 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.

The proposed modification is not adverse to the aims of the LEP, as it does not involve a significant change to the nature, scale or general arrangement of the

approved development.

Clause 4.3 Height of buildings

The site of the proposed modification is subject to a maximum building height

of 9 metres pursuant to Clause 4.3 ofthe LEP.

The development as approved exceeds the maximum building height (given

that it was approved under the former Orange LEP 2000 which did not apply

building height controls).

The proposed modification does not alter the approved development in terms

of building height.

Clause 4.4 Floor space ratio

The subject land is subject to a floor space ratio of 1.5:1 pursuant to Clause 4.4

of the LEP.

The development as approved has an FSR of approximately 1.28:1 and thus complies with the LEP. The proposed modification does not increase Gross Floor Area and therefore the development as modified will remain compliant

with the LEP.



Clause 5.10 Heritage Conservation

The subject land is located within the Central Orange Heritage Conservation

Area and is in the vicinity of the heritage items listed and shown below:

• Dwelling to the east at 102 Byng Street (Item 359, Local Significance).

• Former Orange Town Hall (OCTEC offices) further to the east of the site at

247-249 Anson Street {Item 24, Local significance).

• The Union Bank building to the west at 84 Byng Street {Item 138, State Significance).

• The Holy Trinity Church site to the north east on the opposite side of the street at 251- 255 and 257 Anson Street {Item 5, State Significance).

Item 198 in the above LEP diagram appears to be a mapping error because it actually refers to brass inlays in Summer Street.

Pursuant to Clause 5.10(4) and (5), Council is required to consider the potential

impact that the development may have on the heritage conservation area and any heritage item. The potential heritage impact of the modification is considered in Section 2.5.2 of this report.



Clause 7.3 Storm water management

Clause 7.3 of the LEP applies. 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.

Generally, the proposed modification would not significantly alter the stormwater drainage arrangements that are planned to serve the approved

development.

However, given the interim nature of the on-grade car park it is proposed to adopt a simple stormwater drainage system comprised of minimal pits and

pipes with surface flows directed to existing stormwater drainage infrastructure. A minimal approach is justified for the following reasons:

• Any stormwater infrastructure that is established for the on-ground car park is likely to be removed as part of future construction works.

• The car park will occupy the site of the former PCYC building and therefore would not increase impervious area or stormwater runoff.

Clause 7.6 Groundwater vulnerability

The subject land is defined on the Orange Local Environmental Plan 2011 - Water Map as having groundwater vulnerability. Clause 7.6 of the LEP applies.

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.

There are no aspects of the proposed modification that would cause adverse or additional impacts on groundwater resources.

Clause 7.11 Essential services

Clause 7.11 states that 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.

The proposed modification does not adversely affect the servicing or access arrangements that are planned to serve the approved development.

2.1.2 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.

The subject land is not known to have been used for a purpose listed in Table 1 of Managing Land Contamination Planning Guidelines SEPP 55 -Remediation

of Land.

The majority ofthe site is covered by the existing building which was once used as a community sports facility; and more recently for broader uses by the

community.

The land that has been subject to various development proposal assessments in recent years. In the course of those assessments, Council has not raised concerns in regard to potential soil contamination.

Based on the above, it is requested that Council not require soil testing or

further assessment pertaining to potential site contamination.



2.2 PROVISIONS OF DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

There are no known draft regional or state planning instruments that apply to the subject land or proposed modification.

2.3 PROVISIONS OF DEVELOPMENT CONTROL PLANS

2.3.1 Orange Development Control Plan 2004-8 Development in Business Zones

Orange Development Control Plan 2004 - 08 Development in Business Zones is applicable to this proposal. The DCP sets certain planning outcomes for

development in the B3 Zone. These are considered below.

Planning Outcome 1- Buildings have a high level of urban design to contribute to the regional status of the City's Central Business District with attention given to facade features, external materials, colour and advertising.

This Planning Outcome is not relevant as the proposed modification does not

alter the buildings that have been approved under DA 4/2012(2).

Planning Outcome 2 - Urban design demonstrates a clear reference to the CBD Strategic Action Plan.

This Planning Outcome is not relevant as the proposed modification does not

alter the buildings or site design that have been approved under DA 4/2012(2).

Planning Outcome 3 - Provision of adequate fire safety measures and facilities for disabled persons (according to the BCA) is addressed at the application stage (relevant for all development but particularly important where converting residential buildings for business use).

The proposed modification does not contravene this Planning Outcome. BCA (now NCC) requirements relating to fire safety and accessible facilities are

matters to be addressed as part ofthe Construction Certificate process for new

buildings.



Planning Outcome 4 - Land use complements the role of the CBD as a regional centre for commerce and services.

The proposed modification remains consistent with this Planning Outcome as

it does not involve any change to the approved land uses.

Planning Outcome 5 - The reinstatement of verandahs on posts over footpaths is encouraged.

This Planning Outcome is not relevant to this proposed modification.

Planning Outcome 6 - Car parking is provided to meet demand either as on site parking areas or through contributions towards public parking in and adjacent to the CBD.

The proposed modification satisfies this Planning Outcome as follows:

• It does not increase floor area and therefore does not generate additional parking demand.

• It does not adversely impact upon the existing parking resources that serve the OESC. In fact the proposed modification will result in a minor increase

in parking resources for the OESC in the interim period.

Planning Outcome 7 - Advertising comprises business identification signs in accordance with SEPP 64.

This Planning Outcome is not relevant to this proposed modification.

Planning Outcome 8 - Loading areas are provided for developments requiring access by large trucks in a manner that doesn't reduce active frontages for important pedestrian pathways.

The proposed modification has no impact upon the existing service

vehicle/loading arrangements for the OESC. Peter Basha



Planning Outcome 9 - Where possible, new buildings or external alterations in the CBD include an element of landscaping.

The proposal is consistent with this Planning Outcome because it retains the approved landscape strip along the Byng Street frontage of the on-ground car

park.

2.3.2 Orange Development Control Plan 2004 - 15 Car Parking

According to Orange Development Control Plan 2004 - 15 Car Parking the minimum parking requirement is applicable to the net increase in parking

demand generated by the development.

The proposed modification will not generate additional parking demand. In fact, the proposed modification will result in a minor increase in parking resources for the OESC in the interim period. Accordingly there are no aspects

of the proposed modification that would warrant a revised parking

assessment.

2.4 MATTERS PRESCRIBED BY THE REGULATIONS

The Environmental Planning and Assessment Regulation 2000 prescribes

certain matters that must be considered by Council. There are no relevant

prescribed matters that apply to the proposed modification.

2.5 THE LIKELY IMPACTS OF THE DEVELOPMENT

The potential impacts of the proposed modification are considered below.

2.5.1 Traffic

The traffic impacts of the development were assessed as part of the original

DA considerations.

The modification does not intensify the activity or increase the scale of the approved development. Further, the modification does not alter the current

access points or traffic routes associated with the OESC.

As such, there are no aspects of the proposed modification that are likely to

cause adverse traffic impacts or warrant further traffic assessment. Peter Basha



2.5.2 Heritage/Streetscape/Visual Impact

The heritage/streetscape/visual impacts of the development were assessed as part of the original DA considerations and were found to be satisfactory.

The current consent grants approval for demolition of the existing PCYC building and for that part of the site to be used initially for on-grade car parking (Construction Phase A) and then ultimately developed with 3 levels of apartments above the on-grade car park (Construction Phase J).

The proposed modification (essentially a revised parking layout) does not change the approved built form or construction phasing in this section of the

site (or indeed elsewhere within the OESC site). The modified car park is essentially an interim measure. Once Construction Phase J of the development is ready to proceed, the car park design and access arrangements will revert to

that which is already approved under DA 4/2012(2).

The proposed modification retains the landscape strip along the Byng Street frontage which will assist to soften the appearance of the car park in this streetscape until such time that Construction Phase J is commenced.

As such, the proposed modification would not generate additional

heritage/streetscape/visual impacts beyond that which has been assessed in the original DA considerations.

2.5.3 Noise

The subject site is approved as a parking area under the current DA consent. The proposed modification does not change this approved use of the site. Therefore, the proposed modification would not generate additional noise

impacts beyond that which has been assessed in the original DA

considerations.

2.5.4 Privacy

There are no aspects of the proposed modification that would cause adverse

or additional impacts on privacy.

2.5.5 Water Quality


or additional impacts on water quality.


Application to Modify Conse_n_t -_DA_4~/_20_1_2~(2~) ---------------~ Page 20

2.5.6 Air Quality


or additional impacts on air quality.

2.5. 7 Lighting

There are no aspects of the proposed modification that would cause adverse or additional impacts in terms of lighting.

2.5.8 Overshadowing

There are no aspects of the proposed modification that would cause adverse or additional impacts in terms of overshadowing.

2.5.9 Crime Prevention

The proposed modification does not diminish the potential for the

development to meet CPTED principles.

2.5.10 Social and Economic Impacts

There are no aspects pertaining to the proposed modification that would cause negative social or economic effects.

2.6 THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT

The proposed modification is not constrained by any factors relating to the

suitability of the site.

2.7 ANY SUBMISSIONS MADE IN ACCORDANCE WITH THIS ACT OR THE REGULATIONS

It is understood that Council will advertise the application given that the original DA was advertised and the proposed modification has been made pursuant to Section 4.55(2) of the EPA Act, 1979.

2.8 THE PUBLIC INTEREST

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

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


Section;.o

CONCLUSION

It is requested that the proposed modification as submitted be approved on the following grounds:

• Based on the information provided in this report and the attached plans, it is demonstrated that the development as modified is substantially the same

development for which the consent was originally granted.

• Following consideration of Section 4.15 of the Environmental Planning and Assessment Act, 1979, the potential impacts of the proposed modification are considered to be minimal.

• Accordingly, the proposed modification may be considered pursuant to Section 4.55{2) of the Environmental Planning and Assessment Act, 1979.

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 Peter Basha Planning & Development

Per:

PETER BASHA


modification application - orange city council€¦ · orange ex-services club limited c/- peter...

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