Ordinary Council Meeting                                                                                                    12 June 2014

GENERAL MANAGER'S REPORT

ITEM 9.3      DA2013/183      120614         PROPOSED LINK ROAD EXTENSION OF MARSHALL WAY - NAMBUCCA GARDENS ESTATE

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

SUMMARY:

 

This report has been prepared for Council by Mr Peter Chapman, a Director of All About Planning, a town planning consultancy based in Port Macquarie.  Council staff have provided assistance with the drafting of the consent conditions and by providing some history.  Council had previously engaged Mr Chapman to assess the development application DA 2012/011, being the related 346 lot subdivision located between Marshall Way and Alexandra Drive.  As Mr Chapman has been undertaking the assessment of the subdivision, it was logical that his engagement be continued to this related development application.  Also a third party assessment is preferred given the land is owned by Council and both applications are contentious.

 

This application is for the construction of part of a new link road through Bellwood to facilitate the eventual connection of Marshall Way in the south and Alexandra Drive in the north.  The southern section of the proposed road falls within the confines of an existing Council owned lot (Lot 75 DP 832082) and is the subject of this DA.

 

The General Manager has signed an Owner’s Consent in respect of the DA. 

 

The remaining northern section of the link road extends through privately owned property (Lot 2 in DP 1119830) and is not included in the subject DA.  Rather this northern section is included in current DA No. 2012/011 for a 346 lot subdivision and associated works.  The Joint Regional Planning Panel is the consent authority for this other DA, but Council is the consent authority for the subject DA as it is not called up by Schedule 4A Environmental Planning and Assessment Act 1979 (and the State and Regional Development SEPP).

 

The assessment of DA 2012/011 on the adjoining property has found that the proposed 346 lot subdivision lacked planning merit without a road link connecting the new subdivision to the south to Marshall Way.  In addition the NSW Rural Fire Service who is an integrated agency for the DA refused to grant their general terms of approval (which are required for the DA to be supported) without a link road.  In addition BUSWAYS advised that it would not provide public bus services to the proposed subdivision without a link road being provided.

 

As a consequence of the above, the applicants for DA 2012/011 were asked to integrate the provision of the full length of the link road into their subdivision DA to provide adequate certainty of it proceeding but they were not willing to do so.  After a site inspection and briefing with the Joint Regional Planning Panel (JRPP) on DA 2012/011, the applicants agreed to lodge a separate DA for the southern Council owned section of the road (the subject DA) which would be assessed and determined by Council.  If the subject part link road DA is approved then a report on the 346 lot subdivision DA (No. 2012/011) will be prepared to the JRPP with a condition applied (if it is recommended for approval) requiring the construction of the northern and southern section of the link road as per (in this scenario) the ‘approved’ subject DA.

 

Of relevance to DA 2012/011 and (more recently) the subject DA, Council has considered reports on matters associated with the developments.  Of particular relevance to the proposed Link Road construction are the following:

 

General Purpose Committee Meeting 15 July 2009

 

At its July 2009 meeting Council considered the 2009 Bellwood Traffic Contributions Plan.  This included notification of the draft Contributions Plan to residents, an assessment of the submissions received which particularly focussed on the Link Road proposal, a discussion of detailed Council projections for expected traffic growth over 20 years, a consideration of social and economic considerations and impact on Aboriginal Cultural Heritage (Diamond Tree site).

 

At Council’s meeting on 16 July 2009 which considered the recommendations of the General Purpose Committee, it was resolved as follows:

 

That the matter of the Section 94 Plan be deferred to allow the review of the draft Contributions Plan works schedule to provide for an option which excludes the link road.

 

That Council write to the Minister for Planning drawing her attention to the strong community and Aboriginal cultural objections to the proposed link road.

 

That Council staff seek advice from its Section 94 Coordinator and if necessary legal advice regarding the possibility of obtaining a contribution from subdivision in the Palmwoods Estate to be applied to the Bellwood Road intersection and other upgrading of Bellwood Road.

 

The matter came back to Council’s meeting on 20 August 2009

 

Council Meeting 20 August 2009

 

It was reported to this meeting that the proposed Link Road is critical to the road network modelling upon which the contribution plan is based.  The view expressed was that assuming development proceeds in accordance with the land zonings, an additional population of about 900 people will require the link road to provide reasonable access to basic neighbourhood facilities.  Otherwise the Palmwoods residents would be forced to drive an additional 4 kilometres.  It was resolved:

 

That Council adopt the draft Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan 2009 and that it be reviewed within 12 months.

 

Council Meeting 19 January 2012

 

It was reported that since the plan was adopted in 2009 there had been no change in circumstances to warrant any review of the plan’s provisions.  It was suggested that the next review of the plan be undertaken following a definite decision on the upgrade of the Pacific Highway between Warrell Creek and Nambucca Heads.  It was noted that this would have a significant impact on traffic volumes at intersections and may warrant a review of the works schedule as over $3m in work relates to intersection improvements and associated work on or adjacent to the Pacific Highway.  Specifically the report nominated the following projects in the Contribution Plan being:

 

1.       Intersection upgrade at the intersection of Pacific Highway and Bellwood Road - $1.24m (2009)

2.       Roundabout at the intersection of Bellwood Road and Mumbler Street - $1.14m (2009)

3.       Intersection upgrade at intersection of Pacific Highway and Riverside Drive - $1.17m (2009)

4.       Construction of the Link Road segment - $774,000 (2009)

5.       Bellwood Road upgrade between Mumbler Street and Marshall Way - $130,700 (2009)

6.       Roundabout at intersection of Bellwood Road and Marshall Way - $407,000 (2009)

7.       Bellwood Road upgrade between Mumbler Street and Pacific Highway - $865,000 (2009)

 

The Council resolved that the information be received.

 

Council Meeting 12 December 2012

 

It was resolved as follows:

 

1        That Council note this report on the assessment progress for DA 2012/011

 

2        That Council consider A Voluntary Planning Agreement being prepared and submitted by Nambucca Gardens Estate for the construction of the link road.

 

3        That in the event that the Voluntary Planning Agreement is agreed to between the parties the construction of the link road proceed pursuant to State Environmental Planning Policy (Infrastructure) 2007 which identifies road infrastructure as a development permitted without consent.  Clause 94 of SEPP (Infrastructure) 2007 requires an Environmental Impact Assessment (EIA) to be completed addressing the Threatened Species Conservation Act and the Environment Protection & Biodiversity Act.

 

4        That in the event that DA 2012/011 is approved by the Northern Joint Regional Planning Panel and the construction of the “link” road is undertaken pursuant to a Voluntary Planning Agreement, Council authorise the proponent and their approved contractors to enter upon the land to construct the road and ancillary works as required and in accordance with the construction certificate issued for the road and the terms of the Voluntary Planning Agreement.

 

5        That in the event that DA 2012/011 progresses to a recommendation for approval by the Northern Joint Regional Planning Panel, a condition be applied regarding the acceptance of dedication of all reserve areas as follows:

 

Prior to the release of a construction certificate for the first stage of subdivision works, a detailed and site specific Environmental Management Plan (EMP) is to be endorsed by Council. The EMP is to be prepared by a suitably qualified person/consultant in consultation with the Office of Environment and Heritage for the ongoing management, maintenance, weed management, bushfire management and rehabilitation of the entire reserve areas proposed to be dedicated to Council. Further, that the proponent is to implement the EMP from commencement of subdivision works up to the dedication of the reserve areas. Dedication shall occur upon registration of the final subdivision stage of the development. Further, prior to the release of the subdivision certificate for the final stage of development, a monetary contribution to the ongoing management of the reserve areas shall be made to Council based on the costs to undertake the following 5 years management regime (5 years from dedication) outlined in the Environmental Management Plan.

 

6        That all submissions be passed on to the Joint Regional Planning Panel for their consideration.

 

This resolution required that Council be responsible and bear the costs for preparing a Review of Environmental Factors under Part V of the Environmental Planning and Assessment Act.  Subsequently this was not accepted by the General Manager and instead the applicant agreed to accept both the responsibility for and costs of investigation by lodging a development application for the Link Road under Part IV of the Act.  Refer to report to and resolution of Council’s meeting on 13 November 2013.

 

Council Meeting 28 February 2013

 

It was resolved as follows:

 

1        That Council endorse for exhibition, the Draft Voluntary Planning Agreement presented by Nambucca Gardens Estate for the construction of the Link Road between Marshall Way and Alexandra Drive at Bellwood associated with DA 2012/011 subject to the typographical corrections suggested inclusion of a clause which establishes the process for the determination of construction costs/value for the Link Road and associated costs, to ensure that the credits for contributions relating to Roadworks are clearly identified up front and in the Agreement.

 

2        That the exhibition of the Draft Voluntary Planning Agreement not be commenced until the remaining additional information has been provided and exhibited at the same time, including the Environmental Impact Assessment as required by SEPP (Infrastructure) 2007.

 

Again, the investigation of the Link Road has proceeded via a development application rather than a Review of Environmental Factors under Part V of the Act.

 

Council Meeting 16 October 2013

 

The General Manager reported that a substantial commitment of resources would be required by Council to complete the Review of Environmental Factors for the Part V assessment and that Council would be open to risk with the potential for a legal challenge.  It was queried why Council should accept such risk.

 

It was resolved:

 

That the information concerning the status of DA2012/011 and the briefing of the Joint Regional Planning Panel on Friday 18 October 2013 be received and that a further report come to Council on the outcome of the Panel’s briefing.’

 

and

 

‘That Council make a submission to the JRPP whereby if the Link Road is required by the development that all costs concerning the Road be paid for by the developer.’

 

Council Meeting 13 November 2011

 

The General Manager reported that in relation to the assessment of the Link Road, there are two options being Council prepare a Review of Environmental Factors (REF) under Part V of the Act or the applicant submit a development application with Council’s authority as owner under Part IV of the Act.  To avoid risk and expense to Council the recommended preferred action was for the applicant to prepare a development application under Part IV of the Act.  Accordingly, Council resolved as follows:

 

That Council provide its consent as owner for the lodgement of a development application for the construction of the Link Road on Council’s land and in the event the application is approved, Council authorise the proponent and their contractors to submit for approval detailed design plans and then to enter upon the land to construct the road and ancillary works as required.

 

This brings us to the current point.

 

All matters are considered to have been properly assessed.

 

A copy of the plans for the proposal have been circularised to Councillors.

 

NOTE: This matter requires a “Planning Decision” referred to in Section 375A of the Local Government Act 1993 requiring the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

 

RECOMMENDATION:

 

That Council approve Development Application DA2013/183 subject to the conditions of consent attached to the report.

 

 

OPTIONS:

 

1        Approve the application subject to additional or alternative conditions

 

2        Refuse the application

 

MATTERS FOR CONSIDERATION –SECTION 79C(1) EP&A ACT

 

In its assessment of a development application, Council is required to take into consideration the following matters:

 

a        The provisions of

 

i         Any environmental planning instruments

 

Environmental Planning and Assessment Act 1979

 

Under Section 91, EPA Act 1979 the subject development is classified as ‘Integrated Development’ due to the need to obtain an approval under the Water Management Act 2000 for works on ‘water front land’. An integrated development referral to the NSW Office of Water has been completed and the response received has been discussed under Section (d) Submissions, later in this report.

 

Nambucca Local Environmental Plan 2010

 

The Council owned road corridor is partly zoned E3 Environmental Management and RE1 Public Recreation. The proposed road is permissible with consent in each Zoning.

 

Clause 5.5   Development within the coastal zone

The subject land is located within the coastal zone and as such the provisions of this clause need to be addressed in the application. The provisions of this clause and those of SEPP 71 and the principles of the NSW Coastal Policy are closely related and as such these matters will be addressed in this section of the report.

 

Principles and objectives of Clause 5.5 specifically relevant to the proposal are listed below:

 

(a) to provide for the protection of the coastal environment of the State for the benefit of both present and future generations through promoting the principles of ecologically sustainable development,

 

(b) to implement the principles in the NSW Coastal Policy, and in particular to:

(i) protect, enhance, maintain and restore the coastal environment, its associated ecosystems, ecological processes and biological diversity and its water quality, and

(ii) protect and preserve the natural, cultural, recreational and economic attributes of the NSW coast, and

(iv) recognise and accommodate coastal processes and climate change, and

(v) protect amenity and scenic quality, and

(ix) ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and

(x) ensure that decisions in relation to new development consider the broader and cumulative impacts on the catchment, and

 

(2) Development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority has considered:

 

(b) the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality, taking into account:

(i) the type of the proposed development and any associated land uses or activities (including compatibility of any land-based and water-based coastal activities), and

(ii) the location, and

(iii) the bulk, scale, size and overall built form design of any building or work involved, and

 

(c) the impact of the proposed development on the amenity of the coastal foreshore including:

(i) any significant overshadowing of the coastal foreshore, and

(ii) any loss of views from a public place to the coastal foreshore, and

 

 

(d) how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and

 

(e) how biodiversity and ecosystems, including:

(i) native coastal vegetation and existing wildlife corridors, and

(iii) water quality of coastal waterbodies, and

(iv) native fauna and native flora, and their habitats, can be conserved, and

 

(3) Development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority is satisfied that:

 

(d) the proposed development will not:

(i) be significantly affected by coastal hazards, or

(ii) have a significant impact on coastal hazards, or

(iii) increase the risk of coastal hazards in relation to any other land.

 

Planning Comment:

The above matters have been addressed within the overall assessment of the application as contained in this report.  In particular this assessment has found that the proposal is suitable given its relationship with the surrounding area and its impact on natural scenic quality.  The proposal will not have an impact on the amenity of the coastal foreshore through any significant overshadowing or loss of views from a public place.  The development will largely be screened by the existing adjoining vegetation (other than from Farrington Fields), however it is not located in a visually prominent area and will not detrimentally affect the visual amenity and scenic qualities of the coast. In addition the proposal will not affect the ecological values, biodiversity and ecosystems of the area as assessed in this report and outlined in the submitted ecological report.

 

The principles of ecologically sustainable development (ESD) are referred to in clause 5.5 of the NLEP 2010 (as well as the Local Government Act). Section 89 of the Local Government Act indicates that Council must take into consideration the principles of ESD. ESD incorporates the precautionary principle which indicates lack of full scientific certainty should not be used a reason for postponing measures to prevent environmental degradation. It also includes inter-generational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.

 

This assessment report demonstrates that the proposal will comply with ESD principles.

 

Clause 5.9 Preservation of Trees or Vegetation

Clause 5.9 (Preservation of trees or vegetation) of the Nambucca LEP seeks to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation.  Under subclause (3) a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by a development consent or a permit granted by the Council.  The subject DA (if approved) would constitute the required development consent.  However (also relevant to the subject DA) subclause 8(d) states that clause 5.9 does not apply to action required or authorised to be done by or under the Roads Act 1993.

 

Clause 5.10 Heritage Conservation

Clause 5.10 of the Nambucca LEP seeks to conserve the environmental heritage of Nambucca, conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views, conserve archaeological sites, and conserve Aboriginal objects and Aboriginal places of heritage significance.

 

Clause 5.10 requires development consent for the demolition or moving of a heritage item, an Aboriginal object or a building, work, relic or tree within a heritage conservation area.   Consent is also required for disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed and disturbing or excavating an Aboriginal place of heritage significance.

 

The existing road alignment for the proposed works is not known to include any heritage item, Aboriginal object, archaeological site or relic either listed in the Nambucca LEP or known to the local community.  The proposal within the existing road alignment also will not involve disturbing or excavating any known Aboriginal place of heritage significance.

 

In view of the above. the subject DA has not been accompanied by a separate Heritage Impact Report or Archaeological assessment.  It is relevant to note however that the proposed Link Road extension has been included in Archaeological reports and consultation with Aboriginal community stakeholders on the associated DA No. 2012/011 for a 346 lot subdivision and associated works in Alexandra Drive- Lot 2 DP 1119830, as discussed in the Executive Summary of this report.

 

The consultation with the Local Aboriginal community undertaken for the proposed subdivision of Lot 2 (and the Link Road) was undertaken by the archaeological consultant acting on behalf of the developers in a number of phases since 2002 to accommodate the evolving requirements for such consultation.  This has included a field survey with an Aboriginal Elder and Sites Officer for the Nambucca Heads Local Aboriginal Land Council (LALC) and the receipt of formal written advice from the LALC in 2002.

 

In 2009 the consultant wrote to Aboriginal Community stakeholders in the area regarding proposals to preserve the scarred tree location.  Later in 2009 further advice from the Nambucca LALC was received and in response to new Government Guidelines at the time, two meetings with the LALC were arranged. 

 

In 2012 and in response to another set of Government consultation guidelines, an updated list of local Aboriginal Community Stakeholders was obtained and newspaper advertisements were placed requesting registrations of interest in the project.  Each of these was written to, provided with a copy of the consultants previous reports on the site to date, with a request for written comments – no responses were received. 

 

In view of the above the developer’s archaeological consultant later in 2012 contacted the Nambucca Heads LALC to ask for a meeting to be arranged with Community Elders.  A meeting was held 13th June 2012 which agreed that a site meeting and walkover was required and this was organised for 20th June 2012.  The consultant’s report advises that the proximity of the Link Road construction and the proposed subdivision to the Diamond Tree site/ reserve were the primary concerns of the Aboriginal Community.

 

Clause 5.10(8) of the Nambucca LEP 2010 includes the following requirements relevant to this discussion:

 

(8) Aboriginal places of heritage significance
The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:

(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and

(b)  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

 

Council’s notification of the subject DA in February 2014 included the Nambucca LALC and other registered Aboriginal stakeholders in the area. The submitted consultant archaeological reports and consultation (discussed above), and the assessment of the subject DA in this report, collectively constitute and satisfy the above LEP provisions.

 

In response to Council’s notification of the subject DA the Nambucca LALC made a submission to Council.  No individual submissions were made by community members identifying themselves as part of the local Aboriginal Community.  The following is a summary of the submission made by the Nambucca LALC:

 

1.  The subject site is within an area and landscape of significant cultural value and the Aboriginal Community do not want to see the area developed any further.  The whole landscape of the area is significant due to the ceremonial activities that took place for up to 40,000 years. These values are not bounded by European traditional boundaries eg fences or roads but ‘by creeks, rivers and natural landscapes’.

 

2.  The above cultural values centre around The Diamond Tree being located outside of the subject site for the link road but approximately 120m to the north west.  ‘The Diamond Tree is the focal point of cultural belief on the entire Gumbaynggirr Nation’.     The proposed link road and subdivision of Lot 2 DP 1119830 is too close to the Diamond Tree and will significantly affect these cultural values.

 

3.  The lack of registered sites on the AHIMS Register within the subject road alignment does not reduce this cultural significance of the area.

 

4.  The Local Aboriginal Community have been objecting to the increasing urban development in the area since the original Marshall Way area was first proposed.

 

5.  The proposed landscape screening between the proposed road and the Diamond Tree site does not satisfy the Aboriginal people.

 

6.  The above is not just an issue for the local Aboriginal community ‘but is significant to the whole Nation’.  If the subject link road is approved then the LALC’s from the wider region will be asked to consider joining a court action against the proposal.

 

7.  In a previous submission to Council the Nambucca LALC outline that in 1979 a 0.4ha area for a Diamond Tree buffer or reserve was acquired and dedicated by NPWS with the intention that it would be located within a surrounding and continuing forest context that was not developed.  At that time the Aboriginal Community were apparently calling for a 400m buffer to be provided assuming that the surrounding land to the south west remained forested.  Since then most of this surrounding land has been purchased by developers and the forests cleared leaving the Diamond Tree inadequately protected.

 

Comment: The LALC has advised that the Diamond Tree is a significant Secret Men’s Business ceremonial site and in traditional aboriginal culture, Aboriginal women and children are not permitted to be in the area within the distance that a Bull Roarer can be heard if sounded from the Diamond Tree site. Furthermore it is understood that there is an Aboriginal belief that Aboriginal people who live in proximity to the tree will get sick. It is clear from the advice of the LALC that the local aboriginal elders consider that the Bull Roarer will be heard from the site of the proposed part Link Road and at least part of the proposed new Bellwood subdivision, as is the case currently with the Farringdon Playing Fields.  It is further noted that due to proximity to the Diamond Tree, the local aboriginal community does not currently use the Farringdon Playing Fields as they are an area deemed to be within earshot of a Bull Roarer if sounded from the Diamond Tree.

 

The NSW Office of Environment and Heritage (OEH) maintain a data base ‘Atlas’ of Declared NSW Aboriginal Places and a separate Aboriginal Heritage Information Management System (AHIMS) of recorded sites and other Aboriginal reports.  The Diamond Tree is a listed site in the AHIMS database but is not listed as a declared place in the Atlas.

 

In April 2011, OEH produced a document titled: “Guide to investigating, assessing and reporting on Aboriginal Cultural Heritage in NSW”.  This guideline states in respect of assessing harm to Aboriginal objects and declared Aboriginal places that it is important to quantify both direct and indirect harm. 

 

In respect of this particular DA, the key Aboriginal heritage issue is therefore the potential impact of the Link road on the significance of the Diamond Tree and this Tree’s intrinsic and central cultural link to the surrounding landscape and the Gumbaynggirr Nation. It is noted that the Aboriginal community’s strong objection to any urban development in the area has remained largely unchanged since those same objections were raised, discussed and assessed in the past regarding the now approved and constructed urban development in Marshall Way and Alexandra Drive.

 

Whilst it will be open to the local Aboriginal community to not use the Link Road if it was constructed, a key question is whether such an outcome would be reasonable and whether approval of the Link Road would result in direct or indirect harm to the cultural value of the Diamond Tree ceremonial site.

 

Consideration of impacts on items of Aboriginal heritage are not dissimilar to assessments of items of European heritage. It is an accepted principle that development in the vicinity of an item of heritage can present a threat to the significance of that item.  In the case of the Diamond Tree, the Aboriginal Community has confirmed that the Diamond Tree is of paramount significance to the Gumbaynggirr Nation Further, the advice of the local Aboriginal elders is that Aboriginal women and children would be able to hear a Bull Roarer from the subject part Link Rd site.

 

Formal advice from NSW OEH is not required in respect of the subject DA however it is noted that the NSW OEH office provided comment in September 2013 on the associated Bellwood subdivision DA 2012/011.  At that time no specific advice in respect of the acceptability or other of impacts on Aboriginal cultural heritage was provided, nor was any specific detail provided in respect of direct or indirect impacts. The OEH submission focussed on the inadequacy of the proponent’s then Heritage Assessment and the significance of the Diamond Tree and surrounding area to the Gumbaynggirr Nation.

 

The Aboriginal Heritage Assessment prepared by John Appleton of Archaeological Surveys and Reports (most recently updated June 2012) considering the Bellwood Subdivision states that:

 

“As a consequence of the field investigation in respect of the proposed subdivision of Lot 2 and comprehensive consultation with the registered Aboriginal stakeholders and male elders of the Nambucca district Aboriginal community, there are no grounds of an Aboriginal cultural nature that present a constraint to the proposed subdivision in principle. Further it is recommended that the proponent should consider the preferred option of the Aboriginal stakeholders in future plans for the subdivision of Lot 2, being no subdivision around the slopes of the Diamond Tree and no Link Road.”

 

John Appleton further stated that: “The Aboriginal or cultural significance of Aboriginal relics and sites can only be assessed by the Aboriginal community and in particular the elders.”

 

Whilst the proposed part Link Road construction will increase vehicular and pedestrian access in the area, use of the road will be optional for Aboriginal people who are keen to preserve cultural heritage.  As such, the new road will not appreciably worsen the existing impact of urban development in Marshall Way and Alexandra Drive on the cultural heritage value of the Diamond Tree. 

 

Furthermore, whilst the part Link Road will involve some low lying tree clearing in the area, this clearing will not be visible from the Diamond Tree site due to the extent of existing tree cover around the Diamond Tree.

 

Traffic noise will increase if the Link Road is completed and a vehicle and pedestrian connection through Bellwood is established.  This additional noise however is not considered likely to significantly reduce the acoustic amenity of the Diamond Tree site, given the Tree’s existing setback from the proposed Link Road. No acoustic mitigation appears possible or necessary.

 

It is therefore considered that no direct harm to the Diamond Tree will result from the proposed construction and future use of the subject part of the Link Road.  No submission has been received to date that states the Diamond Tree would no longer be able to be used for male initiation ceremonies if the Link Road is proceeded with (if it is still being used to date). Whilst the Aboriginal community clearly considers the surrounding landscape setting of the Diamond Tree would be further diminished by the Link Road, no direct impact on the actual Diamond Tree site will result.  Further, in respect of the Link Road increasing vehicular and pedestrian access in proximity of the significant site, it is noted that it is open to the Aboriginal community to continue their current practice of avoiding the subject area.

 

Lastly, it is relevant to consider what weighting should be placed on one key assessment issue over another and what weighting is relevant in respect of intergenerational equity.  In the case of the subject part Link Road, there is clearly a tension between Aboriginal Heritage values and the need for the proposed new residential community on Lot 2 and the other existing Alexandra Drive residents to have appropriate and convenient vehicular and pedestrian access to local shops and services.

 

In light of the above assessment and circumstances, it is considered that the subject proposal’s potential indirect impacts on the Diamond Tree Aboriginal heritage site are acceptable.

 

Whilst the submitted concerns of the Aboriginal Community are acknowledged and accepted, it is also noted that it is outside the legislative mandate of the subject DA to rectify past (actual or perceived) mistakes and decisions regarding the provision and appropriate sizing of a buffer to the Diamond Tree and what is now approved and constructed residential development. 

 

Further, the now private ownership of the land surrounding the existing dedicated Diamond Tree buffer is not something that Council or this DA assessment can change. The diamond tree buffer could now only be expanded if the relevant private landowners voluntarily donated some of their land for purposes of expanding the buffer or if the private land was acquired. No offer of additional land to enhance the existing buffer has been made to date and it is noted that an expansion of the buffer of itself would not change the fact that a Bull Roarer can be heard from the site of the proposed part Link Road. In addition, it is noted that no offer to purchase some or all of the privately owned land has been made by government or the Local Aboriginal Land Council.

 

Lastly, it is relevant to note that the Assessment Report on the proposed DA 2012/011 is yet to be completed and an assessment of the Aboriginal heritage impact of the proposed subdivision area closest to the Diamond Tree is yet to be completed.

 

A condition is included in the recommendation of this report to address the situation where items of Aboriginal heritage are discovered within the work zone during the construction works or process.

 

Clause 7.1   Acid Sulphate Soils

The part link road proposed in the subject DA is within land classified as Class 5 Acid Sulphate Soils – that being land on which works are proposed within 500 metres of adjacent Class 1, 2, 3, or 4 land that is below 5 metres Australian Height Datum and by which the water table is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. It is not envisaged that the proposed works will result in the water table on adjoining land being lowered below 1 metre AHD.

 

Nevertheless to ensure no ASS soils are exposed the recommended conditions at the end of this report include a condition requiring an ASS soil assessment if works below 1m natural ground level are required.

 

Clause 7.3 Flood Planning

Clause 7.3 of the Nambucca LEP 2010 requires the following:

 

(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 compatible with the flood hazard of the land, and

(b)  will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(c)  incorporates appropriate measures to manage risk to life from flood, and

(d)  will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e)  is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

 

The subject site for this DA is low lying flood prone land. In view of this and to address the above LEP requirements the applicants were requested to submit a preliminary advice from a qualified and experienced person to address clause 7.3, and whether the link road can be adequately designed to avoid it detrimentally affecting existing flood patterns, levels and behaviour on existing and proposed residential development in the vicinity of the proposal, through appropriate culvert sizing and road heights.

 

The information submitted by the proponents has adequately addressed clause 7.3.

 

SEPP 71 Coastal Protection

 

The provisions of SEPP 71 Coastal Protection relate closely to the issues identified in clause 5.5 of the Nambucca LEP 2010. Please refer to the earlier discussion of Clause 5.5 of the Nambucca Local Environmental Plan 2010 (Development within the coastal zone) for further information.

 

 

SEPP 55 Contaminated Land

 

Clause 7 (1) (A) of this planning instrument requires Council to consider whether land is contaminated in its assessment of a development application.

 

Based on the information available regarding the site’s history of use as a natural forest and road reserve it is concluded that the subject site is unlikely to include any contaminated soil (or other contaminating agents) and that it is suitable for the construction of the proposed Link Road.

 

ii        Any draft environmental planning instrument

 

There are none specifically relevant to the proposal.

 

iii       Any development control plan (DCP)

Nambucca Development Control Plan 2010

 

A3.0 Notification and Public Participation

The subject DA was notified to 161 properties in the vicinity of the proposal.  This extended to all of Marshall Way and Alexandra Drive.  The Nambucca Heads LALC was specifically notified.  The application was also advertised in the Guardian News. 

 

External referrals on the application were sent to NSW Roads and Maritime Services, the NSW Rural Fire Service and the NSW Office of Water (as in Integrated Agency under Section 91 Environmental Planning and Assessment Act 1979).  The responses received from these agencies (and the public submissions) are discussed under Section (d) Submissions, later in this report.

 

A5.0 Environmental Context

The sections of this part of the Nambucca DCP 2010 relevant to the subject DA have been considered elsewhere in this report.

 

Part D Sediment and Erosion Control

Conditions to ensure the implementation of adequate sedimentation and erosion measures complying with the DCP requirements have been included in the recommended conditions to this report.

 

 

b        The Likely Impacts Of The Development

 

The body of this report includes consideration of many likely impacts of the proposed development.  Following is a consideration of those matters which are not otherwise considered.

 

Context and Setting

The proposed road extension will be consistent with the immediately adjoining and predominant urban land use in Marshall Way and will not substantially change the character and nature of the area.

 

Access, Transport and Traffic

The proposal will connect Marshall Way with Alexandra Drive and will intrinsically permit the flow of traffic over each road for both local residents and others.  This will no doubt result in an increase in traffic on each of these streets compared to the existing levels which are reflective of their existing dead end natures.  To date this has been a temporary situation which the existing residents of each street have understandably become used to, and (in many cases) have come to expect.  However Council’s overall plans for the Marshall Way area has for an extended period of time included the logical construction of a Link Road between Marshall Way and Alexandra Drive extending back to at least 1994. To this end Marshall Way was designed and constructed to a Collector Road standard on the basis of this expectation.

 

As mentioned in the summary of this report Council has previously considered the potential traffic impacts of the proposed Link Road when it considered the 2009 Bellwood Traffic Contributions Plan in July 2009.  This included notification of the draft Contributions Plan to residents, an assessment of the submissions received which particularly focussed on the Link Road proposal, a discussion of detailed Council projections for expected traffic growth over 20 years, a consideration of social and economic considerations and impact on Aboriginal Cultural Heritage (Diamond Tree site).  Having weighed these considerations it was resolved “That Council adopt the draft Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan 2009 and that it be reviewed within 12 months.

 

The Bellwood Local Roads and Traffic Infrastructure Developer Contributions Plan was adopted in August 2009 and continues to be in force.  On the above basis it is considered that Council has already considered and signed off on the issue of Traffic Impacts of the Link Road and the proposal should continue to be supported on traffic grounds.

 

The applicants have indicated that the proposed Link Road will include a 2.5m wide pedestrian/cycleway, which is considered necessary and adequate for the desired purpose.  This pedestrian/cycleway however was not shown on the submitted DA plans but has subsequently been included.

 

Heritage

Please refer to the discussion of clause 5.9 (Heritage Conservation) under the consideration of Section 79c(1) EP&A Act and the Nambucca Local Environmental Plan 2010 earlier in this report for a discussion of Heritage impacts of the proposal.

 

Noise and Vibration

Aside from some short term higher noise and vibration levels during construction, the proposal will be in keeping with the established character and nature of the area. Standard conditions to address Noise and Vibration impacts during construction have been included in the recommendation of this report.

 

Social Impact in the Locality

When Council considered the 2009 Bellwood Traffic Contributions Plan in July 2009 (mentioned above under the assessment of Traffic, Transport and Traffic) the report included the following assessment of the social impact of the Link Road which is still relevant to the proposal:

 

“The “link” generates both positive and negative impacts.  Local residents are concerned about the impact of higher traffic numbers on their safety and amenity.

 

On a larger scale the access is needed to improve the travel route to the commercial area, to allow through road for school bus and traffic generally to remove one way in access to Alexandra Drive and Marshall Way, to link growing local communities, to upgrade the roads for increases in traffic numbers relating to new housing and other developments (eg Aged Care and Education are possible) and to reduce the need to use the Pacific Highway.

 

The distance from the southern end to the Plaza via the proposed link is 1.3 km compared to 5.5 km via the Pacific Highway”

 

It is considered that the Link Road is essential to any further large scale residential development of the Bellwood area and will also be very valuable in improving connectivity between exiting residential areas and the local shopping centre.

 

Crime Risk

The proposal will facilitate additional opportunities for passive surveillance by passers-by and will consequently make the area less attractive for criminal activity.

 

Economic Impact in the Locality

When Council considered the 2009 Bellwood Traffic Contributions Plan in July 2009 (mentioned above under the assessment of Traffic, Transport and Traffic) the report also included the following assessment of relevant to the Economic impact of the Link Road which is still relevant to the proposal:

 

‘Economic

 

The development and re-development of land on the western side of the Pacific Highway is likely to continue due to its close proximity to the urban areas of Nambucca Heads.  A circular through route is essential to that growth in population and housing for access to commercial areas and as a transport route for school buses and waste collection for example.

 

Risk

 

The residents believe that the value of their properties will reduce with greater traffic flows.

 

Not resolving this matter now will result in even greater difficulties in the future as more people will be impacted.  Council will also be faced with meeting the full cost of the Link Road if it is progressed at a future time.

 

Some 15 years ago Council decided not to allow the link to be created.  At that time there was standard urban housing in Marshall Way and Rural Residential in Alexandra Drive.  Now there is urban housing on both roads.

 

Removing the link road will exclude 363 residential blocks from the northern side making the plan not-financially viable.  The income will not be sufficient to undertake the other traffic management projects.’

 

Ecological Impact

An ecological report on the proposed Link Road has been submitted with the subject DA.  This report has found that “the proposed road construction in the existing road corridor between Alexandra Drive and Marshall Way in the Bellwood suburb of Nambucca Heads is unlikely to have any environmental impact associated with the one Endangered Ecological Community (EEC) located adjacent to the eastern boundary of the site.  Additionally, the likelihood of threatened flora and fauna species occurring in the study area is considered to be moderate to low.

 

The site has been maintained as a future road corridor through periodic slashing of the derived grassland – sedgeland vegetation communities currently found on-site.

 

Through effective design of road, stormwater drainage works, riparian crossings and associated

placement of services including walking paths and cycleway to the western side of the road corridor

minimal impact is proposed to the regrowth Swamp Forest EEC and downstream wetlands adjacent to

the site. A 7-part test of significance was undertaken for the Swamp Forest EEC and concluded that

there is not likely to be a significant effect on this community arising from the proposed activities.

 

A range of safeguards and mitigation measures are proposed to effectively control actions at the site to

minimise any potential environmental impacts. This ecological assessment concluded that the potential direct and indirect impacts that may be associated with the proposal are considered to be minimal.”

 

It is proposed to retain the parts of the identified EEC which now extend into the road corridor by way of a conditions contained within the recommendation of this report.

 

Cumulative Impacts

The primary potential cumulative impact of the proposal will be on future traffic levels in Marshall Way and Alexandra Drive along with associated issues. These issues have been considered under the discussion of Access, Traffic, and Transport earlier in this report and were signed off by Council back in 2009 when it considered and adopted the Bellwood Traffic Contributions Plan discussed earlier.

 

 

c        The suitability of the site for the development

 

Having regard to its location and the overall assessment of the proposal as contained in this report, the site will adequately accommodate the proposed works in that:

 

·   The proposed development will not create any unreasonable detrimental impacts on adjoining or nearby properties;

·   The proposal is compatible with surrounding developments and these adjacent developments do not pose any prohibitive constraints on the proposal,

·   The proposed development complies with the relevant State and Council’s local planning controls and objectives, 

·   The subject site is not subject to any natural hazards that would prohibit the construction and operation of the development in the proposed form.

·   The proposal will result in positive social and economic benefits for the area by facilitating the ongoing urban development in the area and the provision of services to the community such as public transport, garbage services and improved access to commercial development.

·   The form of development is appropriate for the site and is in keeping with the existing character and nature of the area (and will continue to do so as it evolves).

 

 

d        Any submissions made in accordance with the Act or the regulations

 

14 submissions have been received with respect to the proposal including one from the Nambucca Heads Local Aboriginal Land Council – a précis of each submission follows.  A full copy of the submissions are included in a closed report for information.

 

1.         

i)   The subject DA and DA2012/11 (346 Lot Subdivision) have not adequately addressed traffic impacts of the proposal

ii)   We do not agree with DA submission that more traffic will travel to the north and use Alexandra Drive rather than Marshall Way

iii)  Temporary changes to access to the Pacific Highway during RMS upgrade works will encourage more traffic to use Link Road if constructed

iv)  Existing traffic danger in Marshall Way which will be accentuated by proposal.

v)  A centre line ripple strips should be installed in vicinity of Marshall Way roundabout at entrance to Farrington Village to stop people cutting corners.  Centre parking in this vicinity should also be reconsidered.

vi)  Proposal will result in large trucks and others using Marshall Way as a short cut impacting on resident amenity

vii) Increased traffic in Marshall Way & Bellwood Road from proposal will add to existing congestion problems at Pacific Highway and Bellwood Road

iix) Increased traffic danger to elderly residents of retirement villages & children

ix)  Existing traffic danger in Marshall Way which will be accentuated by proposal.

x)  Traffic and road improvements identified in s94 contributions plan should not wait until funds are available but should be completed or commenced in conjunction with the Link Road

xi)  When properties were purchased in Marshall Way there was no reference or flagging of a future proposal for the Link Road construction until the 2009 s94 plan.

xi)  Council should hold a community meeting regarding this proposal.

2.         

i)   Proposal will result in large trucks and others using Alexandra Drive as a short cut impacting on resident amenity

ii)   Increased traffic danger to elderly residents      

3.         

i)   Proposal will result in large trucks and others using Alexandra Drive as a short cut impacting on resident amenity

ii)   Increased danger from additional traffic for children

iii)  Alexandra Drive  is currently very poorly maintained & will not cope with additional traffic

iv)  Existing traffic danger in Alexandra Drive including narrow lane widths and poor visibility at Alexandra Drive roundabout which will not be mitigated by proposal.

4.         

i)   Potential conflict of interest with Nambucca Gardens Estate being the applicant for subject DA in addition to the 346 Lot Subdivision DA.

ii)   Potential conflict of interest with Council being the consent authority for DA and it being proposed on Council land.

iii)  Should the JRPP determine subject DA

iv)  Application does not adequately address impacts on Acid Sulphate Soils

v)  Community Welfare, safety and amenity have been disregarded

vi)  Given recent concerns previously expressed  regarding traffic & the intersection at Old Coast Road, NSW Roads and Maritime Services should be consulted.

5.         

i)   Negative effect on EEC

ii)   Impact on Flora & Fauna including endangered species

iii)  Increased danger to elderly gopher drivers

iv)  Increased danger to children attending pre-school & school children

v)  Existing need for speed humps to be installed in Marshall Way

6.         

i)   Negative effect on EEC

ii)   Impact on Flora & Fauna including endangered species

iii)  Existing traffic danger in Marshall Way which will be accentuated by proposal.
iv)  Existing need for traffic calming/ mitigation in Marshall Way

v)  Increased danger to elderly gopher drivers and children

vi)  Proposal will result in increased traffic using Alexandra Drive as a short cut impacting on resident amenity   

7.         

i)   Increased traffic danger to elderly residents of retirement villages & children including crossing Bellwood Road to shops

ii)   Impact on Aboriginal Archaeology

iii)  Loss of amenity to playing fields from increased traffic

iv)  Danger of proposing increased dwellings adjoining mosquito prone areas
v)  Negative impact on EEC
vi)  Existing traffic danger in Marshall Way which will be accentuated by proposal.
vii) Existing need for reduced speed limit to 40km/h in the vicinity of the Plaza and Medical centre

8.         

i)   Existing traffic danger in Marshall Way which will be accentuated by proposal.

ii)   Impact on Koala population

9.         

i)   Increased danger to elderly residents

ii)   Council has deceived residents about Link Road proposal

iii)  Existing traffic danger in Marshall Way which will be accentuated by proposal.

iv)  Existing and quiet and safe nature of area will be lost

v)  Who is going to pay for the ongoing maintenance of the road?

vi)  Detrimental impact on property local values

10.         

i)   Proposal will result in large trucks and others using Marshall Way as a short cut impacting on resident amenity

ii)   Proposed road will add to existing noise and amenity impact of traffic

iii)  Increased danger from additional traffic for children

iv)  Marshall Way has not been constructed to handle additional resulting traffic.

iv) Resultant Loss of property values

v)  Residents should have been advised that from a long time ago that the Link Road would be proposed at some time

vi)  Does Council have the funds to pay for this project?

vii) Is the project only being proposed to allow the developers to make a profit?

iix) Detrimental impact on EEC and water flows into and out of the swamp

11.         

i)   Proposed road will add to existing noise and amenity impact of traffic which is already a problem in peak periods

ii)   Increased danger to elderly residents

iii)  Proposal will result in large trucks and others using Marshall Way as a short cut impacting on resident amenity

iv)  Detrimental impact on land values

v) Residents were lead to believe that Marshall Way would remain as a closed road end.

12.         

i)   Residents were lead to believe that Marshall Way/ Alexandra Drive would remain as a closed road end.

ii)   Increased traffic danger to elderly residents & children

iii)  Existing traffic danger in Alexandra Dve which will be accentuated by proposal.

iv)  Alexandra Drive  is currently very poorly maintained & narrow in parts and will not cope with additional traffic

13.         

i)   Alexandra Drive  is currently very poorly maintained & will not cope with additional traffic

ii)   The proposal will accentuate the existing traffic danger at the  intersection of Old Coast Road & Alexandra Drive

iii)  Increased traffic on Alexandra Dve will affect amenity and safety of residents

iv)  Existing need for: speed humps to be installed in Alexandra Drive, a roundabout at intersection of Alexandra Drive and Old Coast Road and increased road maintenance in Alexandra Drive

 

14.         

Nambucca Heads LALC: (please refer to clause 5.10 (Heritage Conservation), Nambucca LEP 2010 earlier in this report for a detailed discussion on the matters raised by the Land Council.

 

Comment:  The matters raised in the above public submissions have on the whole been addressed in the assessment provided in this report and the July 2009 report to Council on the 2009 Bellwood Traffic Contributions Plan (mentioned above under the assessment of Traffic, Transport and Traffic).  The additional matters raised in the above submissions are addressed below:

 

Poor Condition and Maintenance of Alexandra Drive: this is a matter appropriately addressed within the consideration of the current Subdivision DA No. 2012/011 on Lot 2, Alexandra Drive.  It has already been flagged as an issue in the ongoing assessment of this adjoining DA and is likely to be required to be resolved if the other DA is approved.

 

Existing and Future Need for Traffic Calming in Alexandra Drive and Marshall Way: The adopted Bellwood Traffic Management Contributions Plan includes the following measures to improve the safety of traffic on existing local roads: Road widening and shoulder improvements, Intersection improvements, Roundabout construction, Traffic control and safety devices, New road construction and Signage.

 

Agency Submissions: External referrals on the application were sent to NSW Roads and Maritime Services, the NSW Rural Fire Service and the NSW Office of Water (as in Integrated Agency under Section 91 Environmental Planning and Assessment Act 1979).

 

The NSW Office of Water response (dated 20 March 2014) advised that as the proponent is a public authority, under clause 38 of the Water Management (General) Regulation 2011 that it is exempt from Section 91E (1) of the Water Management Act 2000 and no controlled activity approval is required.

 

The NSW Rural Fire Service response advised that “The intent of measures for public roads is to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area.  To achieve this, the following conditions shall apply:

 

The public road access shall comply with section 4.1.3(1) of ‘Planning for Bushfire Protection 2006’ and provide a minimum pavement width of 8 metres.”

 

At Council’s request the applicant has supplied amended plans for the link road complying with the above terms of approval.

 

No response was received from NSW Roads and Maritime Services.

 

 

e        The public interest

 

There are no known Federal and/or State Government policy statements and/or strategies other than those discussed in this report that are of relevance to this particular case.  There are no other circumstances that are relevant to the consideration of this development application. 

 

The proposed development is in the public interest.

 

 

SUSTAINABILITY ASSESSMENT:

 

For an assessment of Sustainability of the proposal please refer to the discussion earlier in this report under Section 79c EPA Act 1979 of the Nambucca LEP 2010 (particularly Clause 5.5 Development within the coastal zone), the earlier under (b) (The Likely Impacts of the Development) and the July 2009 report to Council on the 2009 Bellwood Traffic Contributions Plan (as also referenced earlier and) as attached to this report.

 

FURTHER CONSULTATION:

 

Recent consultations with the applicant were undertaken in the form of an additional information request.  In summary it was requested that the applicant provide the following information:

 

a)    Additional Plans: additional detailed plans were required which include the 2.5m proposed pedestrian/ cycle path, the wider (8m) pavement width required by the NSW Rural Fire Service (ref below) and allowing for the location of the existing utility services and the EEC vegetation which extend within the  road reserve. Consideration was to be given to alternative designs for the incorporation of the pedestrian/ cycle path to the west of the Link Road. The existing services were to be located and levels confirmed.

b)    Compliance with NSW Rural Fire Service Requirement: amended plans complying with the required 8m width for the Link Road.

c)    Flooding: preliminary advice from a qualified and experienced person was required to address clause 7.3 (Flood Planning) of the Nambucca LEP 2010, and whether the Link road can be adequately designed through appropriate culvert sizing and road heights to avoid it detrimentally affecting existing flood patterns, levels and behaviour on existing and proposed residential development in the vicinity of the proposal. 

 

This information has been submitted by the applicant and is shown as an attachment.

 

Comment from General Manager

 

In relation to the preferred design of the Link Road, it is apparent there are some conflicting objectives.  Whilst it is desirable to avoid the coastal lowland forest (EEC) which is regenerating within the road corridor and minimise the width of the road, the Rural Fire Service have required that the road pavement be increased from 7m to 8m.  There are also other construction requirements for the road which need to be incorporated.  These are the table drain shown on the western side of the road, the required edge beams, and a batter on the sides of the road at the southern end where the design level of the road will be up to 1.3m and on average 1.0m higher than the existing ground.  So as to reduce the extent of clearing, the 2.5 metre wide cycleway/footpath has been located to the west of the road corridor in Farringdon Fields.  Following discussion with Council’s engineering staff I’m not aware of any other practical initiatives which can be taken to reduce the impact of the construction footprint on the regenerating endangered ecological community (EEC).

 

ATTACHMENTS:

1

12984/2014 - Conditions of Consent

 

2

12624/2014 - Additional Information

 

  

 

Ordinary Council Meeting - 12 June 2014

Proposed Link Road Extension of Marshall Way - Nambucca Gardens Estate

 

 

DA2013/183 – NAMBUCCA GARDENS ESTATE – LINK ROAD - CONDITIONS

 

1        Development is to be in accordance with approved plans

 

The development is to be implemented generally in accordance with the plans and supporting documents set out in the following table except where modified by any conditions of this consent.

 

Plan No/Supporting Document

Version

Prepared by

Dated

Link Road Concept Plan

C

RDG

6/5/2014

 

In the event of any inconsistency between conditions of this development consent and the plan referred to above, the conditions of this development consent prevail.

 

The approved plans and supporting documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE FOR WORK

 

2        Removal of Trees to be Minimised

 

The removal of trees that are located within the subject site that are part of the Endangered Ecological Community extending from within the allotment immediately to the east of the site shall be minimised.  Prior to the issue of a construction certificate for the proposal a plan outlining the proposed tree removal shall be submitted to, and approved by Council staff.

 

3        Consent Granted For Works within the Road Reserve

 

This development consent includes the works within the road reserve set out in the table below. The work must be carried out in accordance with the standard specified in the column opposite the work. All works are to include the adjustment and/or relocation of services as necessary to the requirements of the appropriate service authorities.

 

All new services, including cycle and walking paths shall be located to the west of the road corridor or on the playing fields so as to avoid and minimise vegetation disturbance and future maintenance issues.

 

Three (3) copies of engineering construction plans and specifications must accompany the construction certificate application. Such plans are to provide for the works in the following table in accordance with Council’s current Design and Construction Manuals and Specifications

 

Work

Standard to be provided

Edge Beam, Road Shoulder Construction

Concrete edge beam 450 x 225, road shoulder and associated drainage construction, footpath formation and turfing including any necessary relocation of services along the alignment of the collector road

Full Width Road Construction

Sealed Carriageway width of 8m (excluding edge beam) together with a smooth transition into adjoining roads

 

Off road cycleway for the full length of the road

2.5m wide at a cross-fall of 1 % or 1:100 (maximum 2.5% or 1 in 40) Connecting Road 1 to Marshall Way

Culverts required across drainage channels or streams

Culvert to be designed to ensure that peak flow rates for the 1 in 100 year storm event are not affected. The applicant is to obtain any necessary approvals from NSW Office of Water

 

4        Geotechnical Report required – Engineering Works

 

A certificate from a professional Engineer experienced in soil mechanics is to be provided to the Principal Certifying Authority, certifying that:

 

a        the design of the civil engineering works, including retaining walls and/or cut & fill batters, has been assessed as structurally adequate;

b        the civil engineering works will not be affected by landslip or subsidence at, above or below the works;

c        adequate drainage has been provided.

 

5        Sediment and erosion measures required

 

The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as hay bale barriers, filter fences, filter dams, and sedimentation basins. The sediment and erosion control plan is to be designed in accordance with the requirements of the Landcom Manual 2004, “Managing Urban Stormwater, Soils and Construction”.  4th Edition 2009.

 

The sediment and erosion control plan is to be prepared by a qualified and experienced person. Such plans and specifications must be approved as part of the Construction Certificate.

 

The plans are to demonstrate the following:

 

·           Re-growth trees required for removal should be clearly marked on a map prior to clearing works.  This map should be provided to all contractors prior to commencement of works.

·           Road construction materials and equipment are not to be stored outside the road construction footprint within the road corridor to prevent disturbance to remaining vegetation along the eastern forest edge.

·           Bridge and or culvert designs should minimise disturbance to riparian vegetation and soils, and allow for wildlife movement.

·           All exposed soil as a result of the proposal is to be landscaped or grassed as soon as possible to minimise weed invasion and soil erosion.

 

6        Bond required to guarantee against damage to public land

 

A bond of $20,000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed road. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers, vegetation or other assets caused as a result of construction works under this consent.

 

This bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council’s roads, footpaths etc.

 

7        Compliance with “Planning for Bushfire Protection 2006”

 

The subject public road access shall comply with section 4.1.3(1) of “Planning for Bushfire Protection 2006” and provide a pavement width of 8 metres.  Evidence indicating compliance with these standards shall be submitted with the construction certificate for the proposal.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY CONSTRUCTION WORKS COMMENCING

 

8        Erosion & sediment measures

 

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

 

Re-growth trees required for removal should be clearly marked in-situ prior to clearing works.

 

Vegetation within the road corridor should be slashed prior to commencement of works, to the extent of the construction footprint only.

 

Note: Council may impose on-the-spot fines of up to $600 for non-compliance with this condition.

 

9        Acid sulfate soil assessment

 

Works involving excavations beyond 1 metre below natural ground surface must not commence until an acid sulfate soil assessment has been undertaken, the assessment submitted to Council for approval and Council has approved any measures needed for the management of those soils. This assessment must be in accordance with the Acid Sulfate Soil Manual (NSW ASSMAC 1998).

 

10      Consent required for works within the road reserve

 

Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for “tie in” works within a road reserve. Such plans are to be in accordance with Council's Adopted Engineering Standard.

 

11      Aboriginal Cultural Materials – Contractors to be Advised of their Obligations

 

All contractors working on the proposed development are to be advised of their legal obligations with regard to Aboriginal cultural materials.  Evidence of this is to be provided to Council.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

12      Maintenance of sediment and erosion control measures in accordance with approved plan

 

Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control Plan must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

13      Inspection of Public Works

 

Development works are not to proceed past the following hold points without inspection and approval by Council. Notice of required inspection must be given 24 hours prior to inspection. You must quote your construction certificate number and property description to book your inspection.

 

a        prior to commencement of site clearing and installation of erosion control facilities;

b        at completion of installation of erosion control measures

c        prior to installing traffic management works

d        at completion of installation of traffic management works

e        at the commencement of earthworks;

f        before commencement of any filling works;

g        when the sub-grade is exposed and prior to placing of pavement materials;

h        when trenches are open, stormwater/water/sewer pipes and conduits jointed and prior to backfilling;

i         at the completion of each pavement (sub base/base) layer;

j         before pouring of concrete for kerb and guttering;

k        prior to the pouring of concrete for sewerage works;

l         on completion of road gravelling or pavement;

m       during construction of sewer infrastructure;

n        during construction of water infrastructure;

o        prior to sealing and laying of pavement surface course.

 

All works at each hold point are to be certified as compliant, in accordance with Council’s current Design and Construction Manuals and Specifications, prior to proceeding to the next hold point. Council will undertake random audit of work sites to verify compliance of public works as required.

 

14      Public safety requirements

 

All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. Council is not held responsible for any negligence caused by the undertaking of the works.

 

15      Preservation of Archaeology

 

If Aboriginal archaeological remains or material are detected during any stage of the construction process, work in the immediate vicinity should cease and the National Parks and Wildlife Service’s local Sites Officer and the Nambucca Heads Local Aboriginal Land Council are to be contacted to obtain appropriate management advice.  Work shall not recommence until clearance is given by these agencies.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO ISSUE OF A COMPLIANCE CERTIFICATE

 

16      Completion of All Works

 

All roads, drainage and civil works, required by this development consent and associated Construction Certificate, are to be completed.

 

17      Certificates for Engineering Works

 

The submission of all test certificates, owners’ manuals, warranties and operating instructions for civil works, mechanical and/or electrical plant, together with a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council’s Adopted Engineering Standard.

 

18      Works-As-Executed Plans

 

Works-as-executed plans, certified by a suitably qualified engineer or a registered surveyor, are to be submitted.  Where the design is carried out utilising computer aided design CAD, all cad computer files are required to be provided on CD (Compact Disc) with the final drawings. The CAD files must include all lot and road boundaries, lot numbers and easements. 

 

19      Maintenance Bond

 

A maintenance bond of 10% of the value of the works constructed is to be lodged with Council. A copy of the contract construction cost of the civil works is to be submitted with the bond. The maintenance period is 12 months and will commence from the date of issue of the final Compliance Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance peri

 

Ordinary Council Meeting - 12 June 2014

Proposed Link Road Extension of Marshall Way - Nambucca Gardens Estate