water recreation structure€¦ · ramp, bbq facilities, picnic settings and toilet facilities. the...

Development Application

Purtle Park, Mulwala Water recreation structure March 2020

The information contained in this document produced by Habitat Planning is solely for the use of the person or organisation for which it has been prepared and Habitat Planning undertakes no duty to or accepts any responsibility to any third party who may rely upon this document. All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or transmitted in any form without the written permission of Habitat Planning. © 2020 Habitat Planning

Prepared for

Bespoke Projects

Habitat Planning

Suite 1, 622 Macauley Street

ALBURY NSW 2640

p. 02 6021 0662

e. [email protected]

w. habitatplanning.com.au

Document Control

Version Date Author Purpose

A 04/03/20 WH Draft for client review

B 06/03/20 WH Final for lodgement

C 10/03/20 WH Updated final

Contents

1. Introduction........................................................................................................... 1

2. Site & context description ..................................................................................... 1

2.1 Site ............................................................................................................................. 1

2.2 Surrounding area ............................................................................................................ 4

3. Description of proposal......................................................................................... 4

3.1 Project objectives ............................................................................................................ 5

3.2 Design ............................................................................................................................... 6

3.3 Construction .................................................................................................................... 7

3.4 Operation ........................................................................................................................ 7

4. Matters for consideration ...................................................................................... 8

4.1 Legislation ....................................................................................................................... 8

4.1.1 Environmental Planning & Assessment Act 1979 .................................................................... 8

4.1.2 National Parks & Wildlife Act 1974 .......................................................................................... 8

4.2 State Environmental Planning Policies .......................................................................... 10

4.2.1 State Environmental Planning Policy 55 - Remediation of Land ............................................ 10

4.2.2 Murray Regional Environmental Plan No.2 – Riverine Land ................................................... 10

4.2.3 State Environmental Planning Policy (Koala Habitat Protection) 2019 .................................. 10

4.3 Corowa Local Environmental Plan 2012 ....................................................................... 11

4.3.1 Land use table ....................................................................................................................... 11

4.3.2 Earthworks ............................................................................................................................. 11

4.3.3 Wetlands ................................................................................................................................ 12

4.3.4 Development on river front areas .......................................................................................... 13

4.3.5 Development on river bed and banks of the Murray River .................................................... 14

4.4 Corowa Development Control Plan 2013 (CDCP) ........................................................ 15

4.4.1 Strategic Land Use Plan ........................................................................................................ 16

4.4.2 Mulwala Foreshore Land ....................................................................................................... 16

5. Statement of Environmental Effects ................................................................... 16

6. Conclusion.......................................................................................................... 17

Attachments A. Plans

B. Consideration of planning principles In Murray Regional Environmental Plan No.2 – Riverine Land

C. Statement of Environmental Effects

Habitat Planning Water recreation structure – Purtle Park, Mulwala 1

1. Introduction

The purpose of this report is to support a development application for a water recreation

structure within Purtle Park in Mulwala on the banks of lake. The landowner and applicant for

the development is Federation Council.

The site is zoned RE1 Public Recreation pursuant to the Corowa Local Environmental Plan

(CLEP) and within which the proposal is permissible with consent.

This report has been prepared to address the requirements of the Environmental Planning

and Assessment Act 1979 (EP&A Act), including environmental planning instruments (State

Environmental Planning Policies and Local Environmental Plans) and Development Control

Plans as they apply to the proposal. As is required by the Environmental Planning and

Assessment Regulation 2000 (EP&A Regulation) the application (via this report) includes a

Statement of Environmental Effects (SEE) to consider the environmental impacts of the

proposal.

This report will demonstrate that the proposal is generally consistent with the intent and

relevant objectives of the planning instruments and thereby provide Council with the

confidence to grant consent.

2. Site & context description

The development is on land described as Lot 7005 DP1023485 and Lot 1 DP914808 (being

Purtle Park), and addressed as Melbourne Street, Mulwala.

2.1 Site

The subject site is an existing Council recreational reserve with playground, parking, boat

ramp, BBQ facilities, picnic settings and toilet facilities. The total recreational reserve

comprises a 1.75 hectare parcel of land. The parcel is located within the immediate

township of Mulwala.

The recreation reserve and the abutting road is in the process of being substantially

changed and upgraded and this will continue through 2020. The works include new road,

kerbs and pavements, playground, BBQs, picnic settings, landscaping and toilets. The land

topography is proposed to stay the same and only changes to the assets on the land are

being upgraded. These works are scheduled for completion by spring 2020. The boat ramp

that existed at the site was de-commissioned in 2019. These works have been a part of

Councils strategic plan for the previous five years.

The vegetation at the site is dominated by common grass which is irrigated and maintained

short per the recreation reserve operational plan. The site has a number of native and non-


native trees. During 2019 a thorough tree survey was carried out and resulting report

provided recommendations for maintenance, removal and protection zones.

The foreshore is a timber constructed wall varying from approximately 2m to 3m in height

from the lake bed. The freeboard is between 300mm to 600mm during summer months.

This reduces during winter and per any lake draining. The foreshore is utilised by a number

of recreational and commercial boats to moor at when visiting the park.

The context of the site is shown in Figures 1 & 2.

Figure 1 Location of the site within the context of Mulwala (Source: SIX Maps)

Figure 2 Location of the development within the context of its immediate surrounds.


Figure 3 View south along the lake foreshore from the decommissioned boat ramp in Purtle Park.

Figure 4 View of the playground and existing car park in Purtle Park.

Figure 5 View north across Purtle Park toward the playground and existing car park.


2.2 Surrounding area

The subject land is in an area of predominantly suburban context being located within the

township of Mulwala. The subject land abuts the township on three sides and the other

abuts Lake Mulwala.

The lot itself is within the Mulwala township and provides an important interface and

pedestrian link along the bank of Lake Mulwala. The land abutting the other sides is

occupied by private residencies and a major link road (Melbourne Street) which has

residential properties overlooking the road and park. A small shopping centre is located 50

metre east of the park and the main Mulwala commercial area is located a further 500 metres

away.

The urban area of Mulwala extends on three sides from the site by approximately one to two

kilometres. Lake Mulwala extends out to Yarrawonga (2.5km by water) and 10 kilometres to

the upstream entrance of the lake at Bundalong.

Land to the south of the subject site beyond Lake Mulwala is the urban area of Yarrawonga

in the state of Victoria. There are significant riverfront activities noted along the Victorian

side of the lake.

3. Description of proposal

The development proposed by this application is a water-based passive recreation area

within the existing Purtle Park on the Lake Mulwala foreshore. Plans of the proposal are

included at Attachment A.

Note that these plans also show the current assets to be retained and some assets to be

decommissioned and renewed (as part of a separate project). The proposal is part of a

broader rejuvenation of Purtle Park that includes:

1. Replacement and upgraded playground – due for construction mid-2020;

2. Replacement and upgraded toilet facilities – commenced February 2020;

3. Landscaping works - due for construction mid-2020;

4. Removal of the car park and road entry – due for construction mid 2020;

5. Decommissioning and removal of the boat ramp – completed 2019 and landscaping

works due 2020;


6. Proposed passive mooring inlet – Subject to approvals. Construction scheduled for

mid-2020.

3.1 Project objectives

The purpose of the proposed mooring inlet is to (in no particular order):

1. create a more natural habitat that has softer land integration with the water edges

and to landscaped vegetated area;

2. allow all abilities craft (such as the Yarrawonga Yacht Clubs all abilities sailing boats)

and other passive and non-motorized crafts such as kayaks to enter the park area,

to utilise the park infrastructure and assets, to be a point of difference on the

Mulwala side of the lake and to encourage tourism and all abilities activities;

3. create a point of interest within the park, to break the structural and hard lake edge,

to encourage visitors to integrate more with the water; and

4. to create a habitat area for flora and fauna and to be reflective of a billabong area

similar to that found in the Murray River riverine environment.

The proposed mooring inlet and passive recreation (non-motorised craft only) will be cut into

the existing natural ground for its full extent. Concrete abutments are proposed to abut the

existing retaining wall and extend below the water level to form a structurally sound

connection to the opposing wall. The small underwater concrete section (connecting the two

opposing walls will be covered with sand material to provide connection to the land and

water and to allow habitat to transition between the lake and inlet.

The inlet will comprise of a shallow semi rounded bowl and billabong area before gently

sloping and grading up to flat surrounding land areas. A small section of the inlet will

contain a set of steps and sloping concrete path area to allow safe path of travel into the inlet

area. Another section will contain small concrete steppers and plantings in the water and up

onto the surrounding land to form habitat areas.

The proposal will de-formalise the hard-retaining wall structure that exists and return the land

to be more reflective of a natural integration between lake and land. The objective is to

create a billabong style water inlet that semi drains and fills during the year and allows

habitat to return to an area that was in the recent past formal and uninviting.

The inlet is proposed to create both a habitat area and a recreation area for users to explore,

watch and experience as well as providing a small and limited access for passive craft and

passive recreation only. The passive craft anticipated to access the inlet are small all

abilities sailing craft, kayaks and other small non-motorised craft. The mooring inlet has


been purpose designed for such craft and suited to the all abilities aspects of the

playground and park. It is anticipated that all abilities sailing craft and other passive

recreation vessels will use the inlet as a point of interest, to access the new facilities and to

enjoy the lakeside in a more natural setting.

The abutting areas will be landscaped with one side receiving low level heavy planting to

encourage flora and fauna alike.

The inlet area aims to create the opportunity for a robust linkage between urban centre and

Lake Mulwala within the recreation precinct and replace the current formal structure. The

landscaping elements such as new plantings will help to create a habitat for small fish,

crustaceans, lizards, frogs, water and invertebrate and other flora and fauna.

Visitors to the park arriving by foot or car will be able to enjoy the water’s edge in a more

natural way due to the site slope, shallow water, access steps and landscaped steppers.

The proposed mooring inlet is a location that serves multi purposes and creates a lake

feature that is beneficial for visitors, flora and fauna.

3.2 Design

The mooring inlet design is proposed to allow small passive craft only. The craft anticipated

to access the inlet are small all-abilities sailing craft no longer than five metres, small to large

kayaks and other small non-motorized craft.

The mooring inlet has been purpose designed for such craft and suited to the all abilities

aspects of the playground and park. It is anticipated that all abilities sailing craft will be able

to pull into the inlet and moor on the sloping grass area to one side of the inlet. A smilar

design can be found at the Yarrawonga Yacht Club.

The edge of the inlet design comprises of:

1. steps with handrail and suitable for older people and or people requiring assistance

in accessing the inlet;

2. stepping blocks with vegetation planting abutting and suitable for children to adults

that allow visitors to get a sense of water and the environment; and

3. graded grass slope from natural surface to bottom of the inlet that allows visitors to

gain entry via gradual slope, passive craft to pull up and moor and for an easier

transition between land and water.

The design of the inlet is shallow but will have enough draft for watercraft. It may, from time

to time dry out, as when the lake is intentionally drained as part of its ongoing management.

The inlet has been designed to cater for this. The new trees will be set back from the inlet in

order to allow sailing craft access to the gradual slope and without fowling the mast.


3.3 Construction

The proposal will require site establishment works in the new location, comprising initial site

grading in order to create the bowl area, levelling and compaction as well as excavation for

footings and wall structures. Concrete slabs will be placed to shore up the existing retaining

wall as much as tie the existing wall in with the new structures. This will create the new entry

area.

This works will occur on the land and behind the existing retaining wall and will have little or

no impact on the lake or water. The site establishment works will include deployment of a

floating boom, silt and soil barriers installed along the retaining wall areas and abutting the

site. A spill kit will be available and environmental, quality and WHS plan completed and

approved by Council.

No trees require removal to accommodate the proposed works. The alignment and location

at the site will be determined to take into account any existing trees and structures in and

out of the water.

The structure shall be set down in place and secured appropriately to the existing retaining

wall. There are no external services, plumbing or other components for construction or

operation of the asset.

The existing and relevant section of retaining wall (timber) will be demolished once the main

works have been completed. This will involve demolition of approximately two to three bays

totalling six metres of the retaining wall down to the required depth of between 1 to 2.3

metres below surface (see drawing 301390-C02 at Attachment A). Once removed the

water will enter the constructed mooring inlet. It is anticipated the water levels within the lake

will be favourable to undertake the proposed works.

Once the section of wall has been removed and the structures are operating, the remaining

landscape works will be completed. The surrounding surfaces will be made good by

grading and provision of grass groundcover. Habitat landscaping will be established to any

disturbed areas not under landscape.

3.4 Operation

The proposed asset is to be located on Council land and operated and maintained by

Council. The use, maintenance and operation of the asset will be governed by Councils:

long-term financial plan;

risk management plan;

annual maintenance program managed by parks and grounds;


asset management plan;

annual and four yearly business plans; and

any associated policy and procedures.

4. Matters for consideration

The development application requires consideration against the following matters.

4.1 Legislation

The following legislation is relevant to consideration of the application.

4.1.1 Environmental Planning & Assessment Act 1979

Section 4.15 of the EP&A Act requires the consent authority to take into consideration the

following matters where relevant to the proposed development:

(a) the provisions of:

(i) any environmental planning instrument, and

(ii) (ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

(iii) any development control plan, and

(iv) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and

(v) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

(vi) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates,

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c) the suitability of the site for the development,

(d) any submissions made in accordance with this Act or the regulations,

(e) the public interest.

Those matters in Section 4.15 relevant to the proposal are addressed in the following

sections.

4.1.2 National Parks & Wildlife Act 1974

The NP&W Act is the primary legislation for the protection of Aboriginal cultural heritage in

NSW. Part 6 of the NP&W Act provides specific protection for Aboriginal objects and places

by making it an offence to harm them and includes a ‘strict liability offence’ for such harm.


Defences against the ‘strict liability offence’ in the NP&W Act include the demonstration of

‘due diligence’.

Whilst there is no requirement in the CLEP for an investigation of the likelihood of items of

Aboriginal cultural heritage being present, it is appropriate to consider the Due Diligence

Code of Practice for the Protection of Aboriginal Objects in New South Wales (“the Code”) to

ascertain the potential for items of Aboriginal cultural heritage being present. Consideration

of the due diligence process is undertaken in Table 1.

Table 1: Aboriginal archaeology due diligence assessment

Due diligence steps Response

1. Will the activity disturb the ground surface or any culturally modified trees?

Yes, there will be ground disturbance through the construction of the development.

There are no trees on the subject land having the potential to be considered as being modified for cultural purposes.

2. Are there any:

a) relevant confirmed site records or other associated landscape feature information on AHIMS? and/or

b) any other sources of information of which a person is already aware? and/or

c) landscape features that are likely to indicate presence of Aboriginal objects?

There are no Aboriginal sites or places recorded for the subject land on AHIMS.

There are no other sources available such as a specific site investigation for Aboriginal sites or places.

Whilst the site is on the edge of a water body, Lake Mulwala is man-made and created relatively recently in 1939. The site is actually located approximately two kilometres from the channel of the Murray River where there would be a much higher probability of artefacts being present. So whilst the lake could be represented today as a ‘landscape feature’ conducive to the presence of artefacts, this is not the case.

3. Can harm to Aboriginal objects listed on AHIMS or identified by other sources of information and/or can the carrying out of the activity at the relevant landscape features be avoided?

Not applicable having regard for the response to Step 2.

4. Does a desktop assessment and visual inspection confirm that there are Aboriginal objects or that they are likely?

No.

5. Further investigation and impact assessment Not required having regard for the response to Step 2.


4.2 State Environmental Planning Policies

There are a number of State Environmental Planning Policies (SEPPs) that the proposal is

required to consider.

4.2.1 State Environmental Planning Policy 55 - Remediation of Land

SEPP55 applies to all development and requires Council to consider whether land proposed

for development is potentially contaminated. The land has most likely never been developed

being located on the edge of the lake. There is no visual evidence of any previous or

existing activity that may have result in the land being contaminated.

Consequently, Council can be satisfied that further investigation of the land under SEPP55

for potential contamination is not warranted.

4.2.2 Murray Regional Environmental Plan No.2 – Riverine Land

The subject land is within the area to which MREP2 applies. Part 2 of MREP2 requires

Council to consider a development application against a number of general and specific

planning principles.

Part 3 of MREP2 sets out the planning and consultation requirements for development.

Specifically, Clause 13 nominates the permissibility, consultation and matters for

consideration under which particular development types (as defined) are to be assessed.

Under MREP2 the proposal could be defined as several things including ‘artificial lake’,

‘bank and/or bed work’ or ‘water recreation facility’. None of these defined activities are

prohibited under MREP2 and require development consent from Council. They also all

require referral of applications to various nominated NSW and Victorian government

agencies (or their current day equivalent).

Consequently, for the purposes of considering MREP2, it is sufficient to assess the proposal

against the planning principles. This consideration is undertaken in Attachment B and

concludes the proposal satisfies the requirements.

4.2.3 State Environmental Planning Policy (Koala Habitat Protection) 2019

This SEPP commenced in 1 March 2020 and replaces the previous State Environmental

Planning Policy No 44—Koala Habitat Protection. Whilst Federation is one of the Councils to

which this SEPP applies, the subject land is not located within the Koala Development

Application Map. Consequently, Council is not prevented from granting consent so long as

it satisfied that the land is not ‘core koala habitat’. Having regard for the history of the site, its

current circumstances and lack of any koala sitings in the area, it is not considered to

represent ‘core koala habitat’.


4.3 Corowa Local Environmental Plan 2012

The relevant provisions of the CLEP as they apply to the proposal are addressed as follows.

4.3.1 Land use table

In the Land Use Table under Part 2, the proposed development is permissible with consent

in the RE1 zone as a ‘water recreation structure’; the definition of which in the CLEP

Dictionary is:

a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.

Clause 2.3(2) requires Council “have regard to the objectives for development in a zone

when determining a development application”.

The objectives of the RE1 zone are:

• To enable land to be used for public open space or recreational purposes.

• To provide a range of recreational settings and activities and compatible land uses.

• To protect and enhance the natural environment for recreational purposes

The water recreation structure considered to be generally consistent with these objectives

because:

it facilitates the use of the land for a public recreational purpose;

it is compatible with the environs of the riverbank because it is set within public

park; and

it has been designed to minimise impacts on the bank of the lake.

4.3.2 Earthworks

Clause 7.1 applies to the proposal because the extent of earthworks exceeds the threshold

for being exempt development under clauses 2.29 and 2.30 of the State Environmental

Planning Policy (Exempt and Complying Development Codes) 2008.

Before determining a development application for development on land to which this clause

applies, the consent authority must consider:

(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development,

(b) the effect of the development on the likely future use or redevelopment of the land,

(c) the quality of the fill or the soil to be excavated, or both,

(d) the effect of the development on the existing and likely amenity of adjoining properties,


(e) the source of any fill material and the destination of any excavated material,

(f) the likelihood of disturbing relics,

(g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,

(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development

Council can be satisfied with the proposal in this regard because:

existing drainage patters on the land will be unaffected;

the land is a public park principally for passive recreation and this will continue with

the development;

excess excavated material will be removed offsite;

there will be no impact on adjoining properties;

the likelihood of disturbing relics is low having regard for the distance from the

channel of the Murray River;

the works can be undertaken without disturbing the lake until the connection is

made as the last phase;

the lake is not drinking water catchment or an environmentally sensitive area (at the

Mulwala township); and

steps will be taken during construction to manage any potential for sediment

transfer or pollution of the lake.

4.3.3 Wetlands

Clause 7.5 applies to land that is mapped as ‘Wetland’ on the Wetlands Map in the CLEP.

The Wetlands Map intrudes a short distance onto the subject land and encompasses part of

the proposed works.

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 is likely to have any significant adverse impact on the following:

(i) the condition and significance of the existing native fauna and flora on the land,

(ii) the provision and quality of habitats on the land for indigenous and migratory species,

(iii) the surface and groundwater characteristics of the land, including water quality, natural water flows and salinity, and

(a) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.



the site is part of a managed park that is already substantially compromised as a

natural environment;

the minor scale of the works will have no impact on threatened species, including

fish;

the overall drainage characteristics of the land will not change as a result; and

measures such as booms, will be implemented during construction to avoid

impacting on the water quality of the lake.

In addition, 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, or

(c) if that impact cannot be minimised—the development will be managed to mitigate that impact.


the extent of vegetation removal is minimal within the context of the park and the

broader context of the lake environs generally;

it is not anticipated to have any impact on the structure of the shoreline (other than

to create the entrance to the inlet); and

no significant measures are required to mitigate anticipated environmental impacts

of the development.

4.3.4 Development on river front areas

The provisions of clause 7.6 apply to development on land within a ‘river front area’. On the

River Front Building Line Map in the CLEP, the subject land is subject to a ‘river front area’ of

10 metres from the edge of the lake. Setting aside the ambiguity surrounding the definition

of ‘river’ in the CLEP (see Section 4.2.5 below), because of this map the term ‘river’ is taken

to also meaning the lake for the purposes of this clause.

The proposed ‘water recreation structure’ is included on the list of developments in clause

7.6(2) that are permissible in a ‘river front area’.

Under clause 7.6(3) development consent must not be granted to development on land to

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

(a) that the development will contribute to achieving the objectives for the zone in which the land is located,

(b) that the appearance of the development, from both the river and adjacent river front area, will be compatible with the surrounding area,


(c) that the development is not likely to cause environmental harm such as—

(i) pollution or siltation of the river, or

(ii) an adverse effect on surrounding uses, marine habitat, wetland areas, fauna or flora habitats, or

(iii) an adverse effect on drainage patterns,

(d) that the development will only cause minimal visual disturbance to the existing landscape,

(e) that continuous public access, and opportunities to provide continuous public access, along the river front and to the river will not be compromised,

(f) that any historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and of surrounding land will be maintained.


see section 4.2.1 of the report above for consideration of zone objectives;

the development will appear as part of the existing Purtle Park when viewed from

the both the lake and Melbourne Street (noting that as the inlet is below ground level

it will not be readily visible in any case);

during construction, the site will be managed to avoid any pollution of the lake;

when completed, the inlet will become part of the lake and potentially provide

additional habitat for aquatic species;

there will no effect on drainage patters;

public access to the lake will be unaffected;

the “historic, scientific, cultural, social, archaeological, architectural, natural or

aesthetic significance of the land” will be maintained (assuming no artefacts are

unearthed during construction).

4.3.5 Development on river bed and banks of the Murray River

The provisions of clause 7.7 apply to land “comprising the bed of the Murray River and up to

the top of the bank of that river.” The definition of the ‘Murray River’ in the CLEP is provided

by way of a ‘note’ that includes the river as well as its anabranches (which would include the

lake). Clause 1.5 of the CLEP states that “Notes in this Plan are provided for guidance and

do not form part of this Plan” hence this definition of ‘Murray River’ is not embedded in an

environmental planning instrument under the EP&A Act.

MREP2 as a State Environmental Planning Policy defines the ‘Murray River’ as “the waters of

the main channel of the Murray River and its bed and banks” which wouldn’t include the lake

(beyond the old river channel). This definition is embedded in an environmental planning

instrument being MREP2. A separate definition (“the River Murray”), which aligns with the

CLEP definition, is used in MREP2 to describe the river and its floodplain, including lakes.


Clause 5(2) of MREP2 states that “if this plan is inconsistent with another regional

environmental plan or a local environmental plan, then this plan prevails to the extent of the

inconsistency.” Furthermore, Section 3.28(1) of the EP&A Act states that where there is an

inconsistency between environmental planning instruments “there is a general presumption

that the State environmental planning policy prevails over a local environmental plan.”

As there is an inconsistency in the definition of ‘Murray River’ between the CLEP and MREP2,

the definition in the latter must prevail where both environmental planning instruments apply

to the development.

Having regard for the above, the proposed development is not considered to be located

within the bed or up to the top of the banks of the Murray River (see Figure 6) and

consequently the provisions of this clause don’t apply.

Figure 6: Distance between the site and the ‘Murray River’ (as defined in MREP2).

4.4 Corowa Development Control Plan 2013 (CDCP)

In considering the requirements of the CDCP, it is important to acknowledge firstly the

changed role of DCP’s since the Environmental Planning and Assessment Amendment Act

2012. According to Planning Circular PS13-003 the amending legislation amongst other

things relates “to the purpose, status and content of development control plans (DCPs), and

how they are to be taken into account during the development assessment process”.

Specifically the Planning Circular states that “if a development application does not comply


with provisions in a DCP, a consent authority must be flexible in the way it applies the controls

and also allow for reasonable alternative solutions to achieve the objectives of those

standards.” The consent authority is requested to be mindful of this in considering the

relevant provisions of the CDCP

4.4.1 Strategic Land Use Plan

Chapter 6 of the CDCP is applicable to the proposed development because it on land within

Mulwala and consequently the Strategic Land Use Plan for town needs to be considered.

In summary, the plan does not express any specific outcomes for the subject land. It does

however seek to “maintain and identify opportunities for public open space links along the

Lake Mulwala foreshore”. It also a stated town development principle to “investigate options

for improved public access and interaction with the waterfront” and for “the development of

waterfront areas to promote access and interaction and capitalise on tourism opportunities,

with consideration towards environmental impact.” The proposed development is considered

to be consistent with these strategic directions for Mulwala.

4.4.2 Mulwala Foreshore Land

Chapter 7 of the CDCP is applicable to the proposed development because it on land

defined as “foreshore land”, which is effectively land within 10 metres of the existing

retaining wall on the edge of the lake.

The development standards contained within this chapter are principally directed at

buildings to minimise their intrusion on foreshore land and their appearance from the lake.

Consequently, they are not considered relevant to the proposal.

5. Statement of Environmental Effects

Clause 2 of Part 1 of Schedule 1 to the Environmental Planning and Assessment Regulation

2000 lists the documents that must accompany a development application. Subclause

2(1)(c) states that one of these documents must be a statement of environmental effects.

Subclause 2(4) specifies the matters to be addressed in a statement of environmental effects

as follows:

a) the environmental impacts of the development,

b) how the environmental impacts of the development have been identified,

c) the steps taken to protect the environment or to lessen the expected harm to the environment,

d) any matters required to be indicated by any guidelines issued by the Planning Secretary for the purpose of this clause.


It is noted that there are no guidelines issued by the Planning Secretary applicable to this

proposal.

An assessment of the environmental impacts is undertaken in Attachment C. In summary,

this assessment reveals that there are no potential detrimental environmental impacts arising

from the proposal that can’t be satisfactorily addressed through mitigation measures.

Consequently, the proposal is considered to be satisfactory in terms of environmental

impacts.

6. Conclusion

This report is in support of a development application for a water recreation facility on the

edge of Lake Mulwala in Purtle Park. The report has undertaken an assessment of the

proposal against all of the relevant planning influences to determine if consent for the

application is warranted.

In conclusion, the application is considered worthy of consent on the basis that:

overall, it is generally consistent with the relevant planning controls;

it is minor development within the context of development on the lake foreshore;

the site is suitable for the type of development proposed;

it is consistent with the objectives for the RE1 zone;

it will not be impacted by, or impact on, flood waters;

the design responds appropriately to the constraints and opportunities presented

by the site; and

there are no substantial environmental issues or hazards that can’t be addressed by

the development.

Attachment A

Plans

Attachment B

Consideration of planning principles in Murray

Regional Environmental Plan No.2 – Riverine Land

Principles to be taken into account Consideration

General

(a) the aims, objectives and planning principles of this plan.

Satisfaction against the general objectives can be determined by the assessment against the specific principles below.

(b) any relevant River Management Plan There are no known river management plans endorsed by the Murray Darling Basin Commission (MDBC) relevant to the proposal.

(c) any likely effect of the proposed plan or development on adjacent and downstream local government areas.

The site is some distance from the nearest adjoining LGA with Moira Shire being the closest some two kilometres to the south on the opposite side of the Lake Mulwala. There will no impact on other LGA’s from the proposal.

(d) the cumulative impact of the proposed development on the River Murray.

As long as the potential environmental impacts identified in the Statement of Environmental Effects (SEE) are appropriately mitigated, there should be no cumulative impact on the River Murray from the development.

Access

The waterway and much of the foreshore of the River Murray is a public resource. Alienation or obstruction of this resource by or for private purposes should not be supported.

The site is on public land and consequently public access can’t be alienated by the proposal.

Development along the main channel of the River Murray should be for public purposes. Moorings in the main channel should be for the purposes of short stay occupation only.

Not applicable.

Human and stock access to the River Murray should be managed to minimise the adverse impacts of uncontrolled access on the stability of the bank and vegetation growth.

The proposed facility will increase human activity in and around the bank of the lake, however it is not anticipated that this will be detrimental to this environment. The bank of the lake is already protected by a retaining wall.


Bank disturbance

Disturbance to the shape of the bank and riparian vegetation should be kept to a minimum in any development of riverfront land.

There will be a small amount of disturbance to the bank of the lake during construction (in the final stages) and this will be managed through the implementation of soil and water management devices. Following construction, the disturbed edges will be rehabilitated.

There will also be a change to the shape of the bank where the entrance to the inlet is created. This break in the bank is not extensive and will have no impact on the hydrology of the lake.

No trees are to be removed to accommodate the development.

Flooding

Where land is subject to inundation by floodwater:

(a) the benefits to riverine ecosystems of periodic flooding,

(b) the hazard risks involved in developing that land,

(c) the redistributive effect of the proposed development on floodwater,

(d) the availability of other suitable land in the locality not liable to flooding,

(e) the availability of flood free access for essential facilities and services,

(f) the pollution threat represented by any development in the event of a flood,

(g) the cumulative effect of the proposed development on the behaviour of floodwater, and

(h) the cost of providing emergency services and replacing infrastructure in the event of a flood.

The subject land is not mapped as flood prone.

Flood mitigation works constructed to protect new urban development should be designed and maintained to meet the technical specifications of the Department of Water Resources

Land degradation

Development should seek to avoid land degradation processes such as erosion, native vegetation decline, pollution of ground or surface water, groundwater accession, salination and soil acidity, and adverse effects on the quality of terrestrial and aquatic habitats.

Some disturbance will occur to the bank as a result of the works. Earthworks will be controlled via a Soil and Water Management Plan. The site will be rehabilitated when construction is completed.


Landscape

Measures should be taken to protect and enhance the riverine landscape by maintaining native vegetation along the riverbank and adjacent land, rehabilitating degraded sites and stabilising and revegetating riverbanks with appropriate species.

The landscape of the area immediately surrounding the site of the works will be impacted by the creation of the water recreation structure. However, it is not a natural landscape with the land managed Purtle Park and retaining wall along the edge of the lake.

The completed development is considered to have a net positive impact on the landscape of the lake foreshore as it is intended for passive rather than active recreation.

River related uses

Only development which has a demonstrated, essential relationship with the River Murray should be located in or on land adjacent to the River Murray. Other development should be set well back from the bank of the River Murray

The development is considered to have an “essential relationship” with the River Murray (being the river and its tributaries) in that it is facilitating public interaction with the riverine environment. As it is a water-based structure associated with the lake, the development cannot be set “well back” from the edge (being part of the River Murray).

Development which would intensify the use of riverside land should provide public access to the foreshore.

It is expected the development will result in a small intensification of activity on the lake foreshore but there will be no reduction in the extent of current access to the water’s edge.

Settlement

New or expanding settlements (including rural-residential subdivision, tourism and recreational development) should be located:

(a) on flood free land,

(b) close to existing services and facilities, and

(c) on land that does not compromise the potential of prime crop and pasture land to produce food or fibre.

Not applicable to the development.

Water quality


All decisions affecting the use or management of riverine land should seek to reduce pollution caused by salts and nutrients entering the River Murray and otherwise improve the quality of water in the River Murray.

The proposed land use will not cause ‘salt and nutriments’ to enter the river.

Wetlands

Wetlands are a natural resource which have ecological, recreational, economic, flood storage and nutrient and pollutant filtering values.

Land use and management decisions affecting wetlands should:

(a) provide for a hydrological regime appropriate for the maintenance or restoration of the productive capacity of the wetland,

(b) consider the potential impact of surrounding land uses and incorporate measures such as a vegetated buffer which mitigate against any adverse effects,

(c) control human and animal access, and

(d) conserve native plants and animals

The Wetlands Map in the CLEP shows Lake Mulwala as a ‘wetland’ as well as part of the subject land (see Section 4.2.3 of this report). The development will have no impact on the function or health of this ‘wetland’ as it is intended for passive recreation and steps will be taken during construction to avoid pollution of the water. In addition, the site will be rehabilitated following completion of construction.

Attachment C

Statement of Environmental Effects

How the environmental impacts of the development have been identified

The potential environmental impacts of the development The steps taken to protect the environment or to lessen the expected harm to the environment

Context & setting

Corowa Strategic Land Use Plan 2011-2031

Anticipated.

Positive impact through consistency with Council’s strategy to enhance and attract more people to the foreshore of the lake.

Potential detrimental visual impact through location of a structure where none currently exists on the banks of the lake.

The development is of a minor nature within the context of the lake foreshore as a whole and thus will have little visual impact on the landscape setting.

The water recreation structure is sited within a public park, which is an appropriate location for such a development.

The development is located within the Mulwala township and hence the lake foreshore is already compromised in terms of a natural environment. Indeed, the lake itself has already compromised the environment of the Murray River.

Access & traffic

Anticipated Potential negative impact on the amenity of the area through additional vehicle and pedestrian traffic generated by the proposed structure.

It is anticipated the development will only result in a small increase in traffic and pedestrians to Purtle Park.

The site is easily accessed from Melbourne Street and adjacent public lands. Existing car parking arrangements will be able to accommodate the small increase in visitations.

Infrastructure Anticipated The development does not require connection to any infrastructure. Consequently, it will have no environmental impact on infrastructure.

None required.

Heritage Schedule 5 of the CLEP for list of heritage items.

There are no heritage items on or within close proximity of the site. There are no features at or near the site that could be considered potential heritage items. Consequently, the proposal will have no environmental impact on heritage.

None required.



Archaeology AHIMS search.

Due diligence assessment.

Anticipated to be none as the site does not contain any known archaeological items.

Potential unintentional detrimental impact or harm to unrecorded archaeological items on the site during construction.

If during construction archaeological items are disturbed, works shall cease, and Council notified to instigate the appropriate response through consultation with relevant Aboriginal groups.

Land resources

Anticipated There are no known land resource associated at the site.

Consequently, the proposal will have no environmental impact on land resources.

None required.

Soils & groundwater

Anticipated Potential detrimental impact on the lake through sedimentation transfer during construction.

Soil and water management devices will be implemented at the site during construction to prevent sediment transfer.

Following completion of construction, the site surrounds will be rehabilitated.

Air & microclimate

Anticipated. None as the proposal has no emissions. None required.

Flora & fauna Arboricultural assessment and report

Anticipated

None as no trees are to be removed. None required.

Waste Anticipated. Potential detrimental impact through waste generated during construction.

Potential detriment to the park and lake through littering of the area by users of the structure.

Any waste generated by construction works will be collected and disposed off-site in accordance with Council requirements.

Purtle Park is provided with waste bins for use by the public.

Noise Anticipated Potential detriment on the amenity of the area though noise associated with construction.

Potential detriment from noise created by additional visitors to Purtle Park.

The site of the facility is sufficiently distanced from nearby residential properties to avoid any amenity impacts.

The construction phase of the development is finite.

The nearest dwellings to the site are more than 75 metres away.



Natural hazards

Council mapping for land at risk of bush fire and flooding.

Corowa Floodplain Risk Management Study & Plan

The site is not mapped as representing a flood risk.

The site is not mapped as representing a bushfire risk.

None required.

Social impact Anticipated. A positive social impact through further embellishment of Purtle Park for the benefit of residents and visitors to Mulwala.

None required.

Economic development

Anticipated. A positive economic impact resulting from an increase in visitations to Mulwala generally and Purtle Park particularly.

None required.

water recreation structure€¦ · ramp, bbq facilities, picnic settings and toilet facilities. the...

Documents