Agenda of Regulatory Council

REGULATORY

ITEM NUMBER 7.1

SUBJECT Processing and Administration of Development Applications

REFERENCE F2004/06472 - D01092191

REPORT OF Manager Land Use and Transport Planning

PURPOSE:

The purpose of this report is to seek endorsement of strategies which will assist in improving processing times and customer service for development applications including delegations, site meeting processes and fast tracking of certain types of development applications. This report also discusses various internal reforms that staff will commence in order to achieve these objectives.

RECOMMENDATION

1. That Council note the following improvements to processes proposed within the Development Services Unit:

a) Fast tracking of minor DAs

b) Expediting internal referrals

c) Improving the “clearing house” process

d) Performing a “blitz” on determining DAs that have been in the system for over 80 days

e) Improving responsiveness associated with pre lodgement meetings

f) Commencing a process of defining a policy position on how to proceed with incomplete or deficient DAs.

2. That the Chief Executive Officer be delegated the functions of Council to:

a) Approve development applications (including section 96 applications) provided:

(i) There are not more than 7 objections to the development; or

(ii) The development application does not relate to land in which Council holds, or has recently held, a direct pecuniary interest; or

(iii) The development application does not fall within the terms of reference of the Central Parramatta Planning Committee; or

(iv) The development application is not known to have been made, or relate to a property owned by a member of staff or Councillor; or

(v) The development application does not seek a variation of more than 10% to a standard under the Parramatta City Centre LEP 2007; or

(vi) The development application does not seek to demolish a heritage item; or

(vii) The development application does not relate to a brothel, massage parlour, sex services premises, restricted premises, tattoo parlour or place of public worship; or

(viii) The application does not seek a review of determination under section 82A.

(ix) The application is lodged as a “Fast Track DA” (i.e., swimming pools, garages, carports, awnings, decks, pergolas, change of use and similarly small scale DAs) even if 7 or more objections are received.

2. That Council reaffirm the following delegations to the Chief Executive Officer to:

i) Approve complying development certificates.

ii) Exercise the assumed concurrence of the Director-General in relation to objections made pursuant to State Environmental Planning Policy No.1 – Development Standards.

iii) Refuse development applications and complying development certificates.

Note - Individual households are to represent only one objection to a development application irrespective of the number of individual objections received or signatures provided on behalf of that household for the purpose of determining 1(a)(i) above.

3. That site meetings be held for the following Development Applications prior to a determination being made:

i) Where 10 or more objections have been made.

ii) For all other DAs where 2 Councillors request that a site meeting be held.

4. That the current practice of referring proposed meeting dates and times for site meetings to Council for endorsement be replaced by such meetings being organised by staff in the Development Services Unit and notified to Councillors on a monthly basis.

5. Council commence 6 monthly ‘Industry Forums’ commencing in early 2009. The purpose of the ‘Industry Forums’ is to receive feedback from regular customers on the Development Assessment Service and local planning issues including architects, designers and developers.

6. Council suspend the current practice of referring Development Applications for child care centres to the Local Engineering Advisory Committee and Traffic Committee for comment in cases where on-street car parking is not being relied upon to comply with the car parking controls.

7. Amendments being made to the standard notification letter advising stakeholders that individual households are to represent only one objection to a development application irrespective of the number of individual objections received or signatures provided on behalf of that household. In addition, advice being included indicating that if objections are received from a significant distance to the proposal, the objector should state their interest in objecting.

8. That Council staff prepare a policy on how incomplete and deficient DAs should be dealt with by Development Assessment staff as a matter of policy having regard to balancing customer service and efficiency and timeliness of the of the process.

9. That a report be presented to Council in 6 months which outlines the progress of the changes proposed in this report and improvements to processing times and identification of any further changes required.

10. That monthly reports be prepared for Council identifying number of DAs in the system, median processing times, trends over time and other statistics that will keep Council informed of key statistics in DA processing and administration.

BACKGROUND

1. The Department of Planning (DoP) releases annual comparative data on the development assessment functions of Councils. The report titled ‘Local Government Development Performance Monitoring 2007-2008’ was released on 3 November 2008 and provides comparative data for the 2007/2008 financial year.

2. The report showed that both the gross and net processing times for DAs at Parramatta City Council were well above the NSW state average. The NSW net mean processing time for DAs is 46 days compared with Parramatta City Council’s 75 days. Clearly this is unacceptable and needs to be addressed.

3. Council staff and Councillors participated in a workshop on 19 November 2008 to discuss development application processing and administration issues with the aim of identifying ways in which processing times and customer service could be improved.

4. This report identifies some potential solutions as a package to improve both processing times and customer service. This should be an ongoing process of refinement. It should also be noted that paramount in the development assessment process is the imperative to ensure good governance. Good governance of the process should not be compromised in the pursuit of reducing processing times.

5. This report is divided into internal reforms to improve processing times and customer service as well as amendments to existing delegations and site meetings criteria.

INTERNAL REFORMS

6. This report identifies potential improvements that can be made to the development assessment process in regard to:

§ Review of the entire DA process, where time lags are occurring and strategies put in place to address them

§ Fast tracking of minor DAs

§ Expediting internal referrals

§ Improving the “clearing house” process

§ Performing a “blitz” on determining DAs that have been in the system for over 80 days

§ Improving responsiveness associated with pre lodgement meetings

§ Commencing a process of defining a policy position on how to proceed with incomplete or deficient DAs.

OBJECTIONS

7. The issue of objections and when to consider whether they are legitimate, is a difficult one. It is problematic to attempt to categorise types of objections that may be considered irrelevant or not valid as this may alienate genuine objectors and places too much discretion in staff to make quite subjective judgements.

8. This report recommends that further advice be contained in Council’s standard advice in notifying local residents of a development proposal advising that individual households will be considered as single objections regardless of the number of objections from occupants. Further, advice will be included that requires objectors from a significant distance from a proposal, to articulate the nature and reason for their objection.

DELGATIONS AND SITE MEETINGS

9. This report finds that significant processing time is spent in preparing reports to Council that may not need determination by Council. Parramatta City Council determined 14.6% of all DAs received in the 2007/08 financial year. This is much higher than all adjoining Councils and that vast majority of determinations are consistent with recommendations. The statistics show that gross processing times of those DAs determined under delegated authority are about half those referred to Council for determination.

10. An important component of improving processing times is the need to increase the number of applications determined under delegated authority. Sensitive DAs and those that register significant public interest will still be referred to Council for determination.

11. On site meetings, whilst often useful, are sometimes not well attended and therefore of questionable value. This report recommends that the triggers for on site meetings be limited to significant public interest only as well as requests from 2 or more Councillors. This as opposed to the list of types of applications which may not be controversial or complex. In addition, the practice of formally resolving to conduct on site meetings should be replaced by staff simply organising such meetings to save time.

INDUSTRY MEETINGS AND MONITORING

12. Conducting regular industry meetings with frequent users of the development assessment process is a valuable way of both receiving feedback and disseminating information. This report recommends that such meetings be organised commencing in early 2009 on a 6 monthly basis.

13. Staff will prepare regular monthly reports commencing in early 2009 to update Council on processing times, applications in the system and statistical trends in order that Council can be kept well informed of the periodic results and trends of the reform process.

Marcelo Occhiuzzi Louise Kerr

Manager, Land Use Manager, Development Services Unit

and Transport Planning

Attachments:

1View

Detailed Report

8 Pages

DEVELOPMENT APPLICATION

ITEM NUMBER 11.1

SUBJECT Section 82A Review - 1-3 Lennox Street (cnr Marden Street), Parramatta (Lots 1 and 2 in DP 501508) (Arthur Phillip Ward)

DESCRIPTION Demolition of outbuildings, use of existing heritage-listed cottages for commercial purposes and construction of 2 town houses presenting to Marsden Street.

REFERENCE DA/606/2007 - Submitted 8th August, 2007 (Section 82A Review Submitted 26th November, 2008)

APPLICANT/S Dr F Soliman

OWNERS Dr F Soliman & Mrs K Attia-Soliman

REPORT OF Manager Development Services

EXECUTIVE SUMMARY:

This Section 82A Review application seeks Council’s reconsideration of its refusal to grant consent for the demolition of outbuildings, use of the 2 existing heritage cottages as a commercial premises and construction of 2 town houses that present to Marsden Street. The original proposal was for the town houses to be 3 storeys (as the ‘attic’ levels constituted a floor) and the proposal has been amended to delete the proposed third floor level and to modify the roof form.

The proposal is brought to Council as the original determination was undertaken by Council officers and the Environmental Planning & Assessment Act, 1979 requires the review to be determined by a higher level of authority and that the development involves works to a heritage item.

The proposal is considered to be unacceptable for reasons that it fails to adequately address heritage, drainage, privacy and technical issues relating to the submission of a Section 82A Review. In addition, the quality of submission is deficient (in terms of accuracy and the sufficiency of information submitted) and the applicant has had ample opportunity to address the relevant matters requiring attention.

Three objections have been received in respect of this application.

The applicant has lodged an appeal with the Land & Environment Court of NSW.

For the reasons outlined in this report, it is recommended that Council not change its previous decision and refuse to grant consent to the Section 82 Review application.

RECOMMENDATION

(a) That Council refuse to grant its consent to DA 606/2007 for the demolition of outbuildings, use of the existing heritage cottages as a commercial premises and construction of 2 multi-unit dwellings at 1-3 Lennox Street, Parramatta for the following reasons:

1. That the proposal fails to comply with the 0.6:1 floor space ratio prescribed by Clause 40 of Parramatta Local Environmental Plan 2001 and that the submitted justification for the departure from the development standard is unacceptable and in the absence of a SEPP 1 objection cannot lawfully be approved.

3. The proposal is prohibited development under Parramatta Local Environmental Plan 1996 (Heritage and Conservation) as the proposal fails to establish that Clause 17 is applicable as no details have been shown how the long term maintenance of the heritage cottages is dependent on the new multi-unit dwellings and a commercial use.

4. The proposal is inconsistent with objectives (d), (e) and (f) of the Residential 2E zone of Parramatta Local Environmental Plan 2001 as it does not acknowledge the established characteristics of the area, and adversely affects the amenity of the adjoining residential properties.

5. The proposal is inconsistent with zone objective (d) of the Parramatta Local Environmental Plan 1996 (Heritage and Conservation) as the proposal results in an inappropriate design response to the existing heritage cottages.

6. The proposal fails to adequately address Clause 17 – Conservation Incentives of Parramatta Local Environmental Plan 1996 (Heritage and Conservation) as the proposal adversely impacts upon the heritage significance of the existing cottages and insufficient justification has been provided in terms of permitting two forms of otherwise prohibited development to be carried out on the site.

7. The proposal fails to comply with the objectives and controls of the South Parramatta Conservation Area of the Parramatta Heritage Development Control Plan 2001, including setbacks, location of car parking spaces and landscaping.

8. That the plans are incorrectly drawn in relation to elevations, north point and that the architectural plans are inconsistent with the landscape plan.

9. That the plans contain insufficient information relating to landscaping and fencing.

10. That no information has been submitted with the proposal in relation to the flood liability of the land and any means to mitigate the impacts of flooding.

11. For the reasons outlined by the objectors.

12. That, having regard to the relevant environmental planning instruments and DCPs, granting consent to the development application would not be in the public interest and would result in an undesirable precedent being set.

(b) Further, that the objectors be advised of Council’s decision.

Alan Middlemiss

Senior Development Assessment Officer

Attachments:

1View	Section 82A assessment report	20 Pages
2View	Section 82A plans & elevations	7 Pages
3View	Locality map	1 Page
4View	Original plans & elevations	7 Pages
5View	Heritage inventory sheet	1 Page
6View	Previous s79C assessment report	13 Pages
7View	Notice of Determination	2 Pages

DEVELOPMENT APPLICATION

ITEM NUMBER 11.9

SUBJECT Oatlands Golf Course (Lot 39 DP 808581) 94 Bettington Road, Oatlands & Vineyard Creek Reserve (Lot 93 in DP 846814) Elizabeth Macarthur Ward)

DESCRIPTION Excavation of the floor of the dam adjacent to, and part of, Oatlands Golf Course to increase the capacity of the dam from 30 to 53 megalitres; landscaping works and relocation of sewer pipe from the floor of the dam onto Vineyard Creek Reserve.

REFERENCE DA/953/2007 - Submitted 6 November 2007

APPLICANT/S Oatlands Golf Club

OWNERS Oatlands Golf Club, Sydney Water & Parramatta City Council

REPORT OF Manager Development Services

EXECUTIVE SUMMARY:

This development application seeks consent for the excavation and increased capacity of an existing dam and associated landscaping and rehabilitation works. The increased water capacity is intended to augment water supply to the golf course in order to meet course maintenance requirements while reducing reliance on potable town water supply.

The site is adjacent to Council land (Vineyard Creek Reserve) and this land will be utilised for the altered placement of an existing Sydney Water sewer line. For this reason, the development application was referred to an independent consultant to assess.

The DA is before Council for determination as the proposal has attracted 17 objections including 2 petitions containing a total of 30 signatures and as the development includes some works over Council land.

The proposal is Integrated Development due to licensing requirements of the NSW Department of Water and Energy and of the NSW Department of Primary Industries (Fisheries). Both Departments have provided General Terms of Approval for the proposed development.

The use of the site for purposes related to private recreation use is a permissible use in the zone and the site is suitable for the use. Impacts on the Vineyard Creek ecosystem and the amenity of nearby residential development are the main issues of concern. The installation of a gravity drain to maintain regular baseflows to Vineyard Creek will be required.

The works are consistent with the use of the site as a golf course. There is some concern regarding the existing golf club dam having contributed to the degradation of the Vineyard Creek ecosystem and that the dam expansion would place an already stressed ecosystem under further pressure. However, it is considered that appropriate management of the excavation and baseflows to the creek, together with the proposed landscaping works would have a generally positive impact upon the health and amenity of the surrounding environment. The works will improve upon a degraded riparian area and are considered to be in the public interest. Likewise, the reduced need for potable water for irrigation is in the public interest.

Accordingly, approval of the development application is recommended.

This is a long-standing application that has undergone close scrutiny and a great deal of additional information in terms of addressing and mitigating potential environmental impact and is now ready for determination.

RECOMMENDATION

(a) That Development Application No 953/2007 be approved subject to standard, and the following non-standard, conditions:

Department of Water and Energy

Pursuant to Part 2 of the Water Act, the Department of Water & Energy, having reviewed the documentation associated with the development application, proposes to grant approval to DA/953/2007 (as presented). The general terms of the approval are set out below:

General and Administrative Issues

1. The location of the dam as shown on a plan retained in the office of the Department of Water and Energy shall not be altered. The installation of any further dams and/or enlargement of an existing dam beyond the current proposal may require further approval and/or an amended license from the Department of Water and Energy.

2. Subject to any access or flow condition contained in the licence, diversion of all or part of the stored water for irrigation or recreational purposes may be undertaken within annual licence limits.

3. The applicant shall not allow any tailwater drainage shall discharge into or onto :

- any Crown Land or adjoining public or crown road;

- any other persons land;

- any river, creek or watercourse;

- any groundwater aquifer;

- any area of native vegetation as described in the Native Vegetation Conservation Act 1997;

- any wetland of environmental significance.

4. Your attention is particularly drawn to the provisions of the above condition regarding disposal of drainage waters. The discharge of waters into a river or creek other than in accordance with the conditions of a license under the Protection of the Environment Operations Act may render the offender to prosecution and penalty.

5. The existing profile of the channel and bank of any watercourse or drainage depression must not be disturbed any more than is necessary in order to site and maintain the authorised work. Any area that is disturbed shall be stabilised and maintained by vegetation cover, stone pitching or any other approved material as directed to the Department of Water and Energy’s satisfaction to prevent the degradation and erosion.

6. Any spoil from the development must not be stockpiled but either discretely and beneficially redistributed across the property or removed from the property.

7. Works used for the purpose of conveying, distributing and storing water taken by means of the authorised work shall not be constructed or installed so as to obstruct the reasonable passage of floodwaters other than water to be impounded or obstructed.

8. The Pumping and ancillary equipment and pump site shall be, at all times, properly secure at all times and sealed so as to prevent any leakage of petroleum based products and/or noxious substances from entering any river or lake. Bunding shall be installed around the pumping site to eliminate the risk of water contamination through spills or leaks of oils, fuels or greases.

9. The existing profile of the channel and bank of any watercourse or drainage depression must not be disturbed any more than is necessary in order to site and maintain the authorised work. Any area that is disturbed when carrying out such work shall be stabilised and maintained by native vegetation cover, stone pitching or any other approved material as directed by and to the Department of Water and Energy satisfaction.

10. Any drainage channels or cross banks associated with the authorised works, or access roads to and from the works, shall have installed and maintained suitable erosion control devices to the Department of Water and Energy satisfaction. They shall be regularly inspected and maintained by the applicant, including after each run-off event, to minimise siltation reaching any river or lake.

11. The works shall be constructed and maintained in such manner as will ensure its safety and as will preclude the possibility of damage being occasioned by it, or resulting from it, to any public or private interest.

Conditions Specific to DA/953/2007

12. A diversion work is to be designed and installed to prevent low (environmental) flows from entering the storage. The diversion work (minimum 150mm diameter pipe or channel equivalent) is to divert flows around the storage and to release them back into the watercourse immediately below the dam wall. The design is to ensure that only runoff events that surcharge the capacity of the diversion work can flow into the reservoir for subsequent extraction and use.

13. All drainage lines shall be maintained with sufficient and suitable vegetation to ensure optimum water quality and riparian habitat.

14. The level of the dam wall/by-wash crest and the plan area (footprint) of the storage, as well as the annual extraction entitlement, monitoring and reporting requirements and other licence conditions (apart from the existing environmental flow provisions which will be replaced by the above) shall remain unchanged from that already licensed under 10SL055777.

Formal Application Issues

15. Upon receipt of any development consent from Parramatta Council, DWE will issue a new water licence under Section 10, Part 2 of the Water Act, 1912, commensurate with these General Terms

16. Such a licence (Part 2 of the Water Act 1912) would fall due for renewal every five years and be subject to administrative fees and annual water use charges as determined from time to time by the Independent Pricing and Regulatory Tribunal (IPART).

Reason for all conditions: To abide by the general terms of the approval.

Sydney Water conditions

17. A Deed of Agreement with Sydney Water shall be entered into prior to the commencement of works relating to the deviation of the sewer main.

18. The applicant/proponent must engage the current or another authorised Water Servicing Coordinator (Coordinator) to manage the design and construction of the required works to Sydney Water’s standards and procedures. Before engaging another Coordinator, Sydney Water must first be advised in writing.

19. Following engagement of a Coordinator, the applicant/proponent shall sign and lodge both copies of the Deed with the nominated Coordinator. After Sydney Water has signed the documents, one copy will be returned to the Coordinator.

20. If there is a need to enter a neighbouring property to undertake the works, the written permission of the relevant property owner AND tenants must be obtained. Sydney Water’s Permission to Enter form(s) must be used for this. Copies of the forms can be obtained from the Coordinator or from the Sydney Water website. The Coordinator may act on behalf of the applicant/proponent.

21. All items on the form(s) must be addressed, including payment of compensation and whether there are other ways of designing and constructing that could avoid or reduce their impacts. The applicant/proponent will be responsible for all costs of mediation involved in resolving any disputes.

22. Work must not start on the existing sewer main or the proposed deviation until Sydney Water advises the Coordinator. This includes the placement of any temporary pipework. Before pipework can commence, the Coordinator shall be engaged to lodge an application that must include appropriate temporary pipework detail as well as the design of the proposed deviation/adjustment.

Sydney Water will then assess both designs and advise the Coordinator when they are approved and of any conditions to be met before pipe placement.

If any works on Sydney Water’s assets is carried out without that advice or final approval, Sydney Water will take action to have work on the site stopped. Sydney water will apply the provisions of Section 45 of the Sydney Water Act 1994.

23. When the works are being constructed, the applicant/proponent will need to pay project management, survey, design and construction costs directly to the suppliers. Other costs may include Sydney Water charges for:

- water main shutdown and disinfection;

- connection of new water mains to Sydney water system(s);

- design and construction audit fees;

- contract administration on project finalisation;

- creation or alteration of easements etc;

- some customer contract services

The Coordinator can advise of the specifics of these costs.

24. Because this work involves construction on a ‘live’ Sydney Water sewer main, the applicant/proponent must also:

- lodge an unconditional security bond from an acceptable financial institution that will cover Sydney Water’s risk for this work; and

- the applicant’s/proponent’s acceptance in writing to the bond conditions that will be provided in another agreement.

After Sydney Water receives a copy of the successful tender for the work, it can calculate the amount of this bond. Sydney Water will then send that other agreement which will outline this amount.

25. The bond and completed agreement with Sydney Water must be lodged prior to the commencement of works. The bond will be released after works have been completed (this includes lodgement of ‘Work As Constructed’ plans and production and/or recreation of documentation and reports and completion of all the excavation and landscaping works needed for the total project).

Extraordinary Council conditions

26. Environmental safeguards are to be used during construction of the proposed works to ensure there is no escape of turbid plumes into the aquatic environment.

Reason: To protect the environment

27. Prior to the release of a construction certificate a Preliminary Acid Sulfate Soil investigation shall be carried out in accordance with the Acid Sulphate Soil Assessment Guidelines as specified in the ‘Acid Sulfate Soil Manual – 1998’ and shall be submitted to and approved by Council. All works must be constructed in accordance with an Acid Sulfate Soil Management Plan

Reason: To manage the incidence of acid sulfate soils

28. The implementation of this development shall not adversely affect the amenity of the neighbourhood or interfere unreasonably with the comfort of surrounding properties by reason of the emission or discharge of noise, fumes, vapour, odour, steam, ash, dust, waste water, waste products, oil or other harmful products.

Reason: To protect the amenity of the area.

29. Prior to release of a construction certificate, a Construction Environmental Management Plan shall be prepared and submitted to and approved by Council. The Plan is to include a Construction Noise Management Plan consistent with the NSW Department of Environment and Climate Change Draft NSW Construction Noise Guidelines. All works must be carried out in accordance with the requirements of the Construction Environmental Management Plan.

Reason: To protect the amenity of the area.

30. Construction activities associated with the development, including the delivery of material to and from the site, shall only be carried out 5 days a week, Monday to Friday between the hours of 7.00am to 5.00pm. No work is permitted to be carried out on weekends or Public Holidays.

Reason: To protect the amenity of the adjacent residential area.

31. Prior to release of a construction certificate, an Erosion and Sediment Control Plan will be submitted to and approved by Council.

Reason: To protect the amenity of the area.

32. The landscape maintenance of the site shall be undertaken in accordance with the Vegetation Management Plan for the Oatlands Golf Course prepared by BioDesign & Associates Pty Ltd on October 25 2007 and approved by Council.

Reason: To protect the amenity of area and the integrity of the adjacent bushland.

33. Design and implementation for drainage flows to the dam and Vineyard Creek should be undertaken in accordance with the Oatlands Golf Course Water Balance Analysis (report No. X06108.01-01) prepared by Brown Consulting in February 2008.

Reason: To protect the baseflows to Vineyard Creek

34. Prior to release of a construction certificate, the applicant shall provide Council with a Water Management Plan for the dewatering of the existing Dam during excavation. Council must approve the method of removal prior to the commencement of dewatering .

Reason: To adopt sustainable water practices and protect the baseflow to Vineyard Creek.

35. Prior to the issue of a construction certificate the applicant shall provide Council with a Safety Management Plan for the works. This Plan should include Construction and Post Construction Safety Management. The works are to be carried out in accordance with the Safety Management Plan.

Reason: Safety during and post construction for workers, golf course users and residents.

36. The applicant is to provide regular audits to Council, providing information on compliance with conditions of this consent and providing an assessment of the condition of the adjacent Vineyard Creek environment. These assessments are to be undertaken by a suitably qualified independent person, agreed to by Council. The first audit is to be submitted six months following the completion of construction and every six months following that. The timing of the subsequent audits may be subject to negotiation with Council.

Reason: Monitoring Compliance

(b) Further, that the objectors be advised of Council’s decision.

SITE & LOCALITY

1. The subject site is known as Oatlands Golf Course, located at 94 Bettington Road, Oatlands (Lot 39 in DP 808581) and Vineyard Creek Reserve (Lot 93 DP in 846814). The golf course has an area of some 42 hectares and has been utilised as a golf club since 1932.

2. The club is privately owned by the members and comprises an 18-hole Championship course and associated facilities including a clubhouse, amenities, a Professional’s shop and other ancillary buildings and structures. The site includes Council owned land to the north of the golf course, within Vineyard Creek Reserve.

3. The site is bounded by Bettington Road to the west, Vineyard Creek Reserve to the east and residential areas to the north and south. Primary access to the clubhouse, Professional’s shop and car park is via Bettington Road.

4. The existing dam is located in the north-eastern section of the site. Vineyard Creek and an un-named tributary form the north-eastern boundary of the site and the dam is situated on this boundary, partly on land owned by the applicant and partly on land administered by Council. A bushland buffer with informal walking trails exists between the dam and nearby residential properties to the north. The existing dam has a capacity of 30 megalitres with a catchment area of some 89 hectares.

5. The topography of the site is such that it drains naturally to Vineyard Creek with stormwater run-off directed towards the existing dam via piped structures and overland flow paths. Vineyard Creek and its tributary form part of the Parramatta River Catchment and under current conditions are described as an ‘intermittent stream’, flowing only during periods of heavy/consistent rainfall (Claron Property Group Pty Ltd, November 2007).

PROPOSAL

6. The proposed works include the excavation of the existing dam, to increase capacity from 30 megalitres to 53 megalitres and associated rehabilitation/ landscaping works. The purpose is to increase the overall amount of irrigation to the course from a rate of 14 mm/month per square metre (part town water and part dam water) to 30 mm/month per square metre (dam water only). The applicant has indicated that the proposed increased irrigation rate will improve the playing condition of the golf course and maintain associated landscaping, in keeping with member requirements. The proposed expansion will allow for irrigation to be undertaken with no use of potable town water. The existing footprint of the dam will not be increased.

7. The works will require the relocation of an existing sewer main which laterally traverses the dam along the site’s boundary. It is proposed that the sewer main be diverted to the north to run along the northern bank of the dam on land owned by the Council. Sydney Water was consulted in this respect and has issued a letter of approval (ref. 109129) for the proposed relocation. Council’s Strategic Asset Management Unit has granted landowner’s consent for the lodgement of the application.

8. Construction works for the proposal are likely to comprise the following:

- removal of existing stored water;

- de-silting;

- relocation of sewer main as described above;

- excavation of base of dam;

- maintenance works to the spillway (if required);

- refill and commissioning of dam;

- placement of approximately 30,000m³ of excavated material within the site as shown on the Landscape Concept Plan;

- ancillary works associated with the landscaping including the removal of exotic vegetation, weed control, planting and mulching; and

- ongoing maintenance works.

9. Due to insufficient Councillor acceptance to the invitations sent in relation to a proposed on-site meeting to be held on Saturday 14 June , the on-site meeting was cancelled (in accordance with Council's Resolution of 26 May 2008 which required a minimum of 2 Councillors to advise of their attendance within three working days of the date of the invitation) on 10 June 2008.

STATUTORY CONTROLS

Parramatta Local Environmental Plan 2001

10. The golf course is zoned Private Open Space 6b and Vineyard Creek Reserve is zoned Environmental Protection (Bushland) 7 under the Parramatta Local Environmental Plan 2001. The development on the 6b zone is ancillary to the golf course which is defined as private recreation. The works within Zone 7 are drainage works. The proposed development is permissible within both zones with consent of Council. Landscaping is permissible without consent. The proposed development is consistent with the objectives of PLEP 2001.

11. It is noted that the zone boundary coincides with the property boundary. Therefore, the centreline of the creek (and the dam) is not only the property boundary, but also separates private recreation from bushland. In this regard, approximately half of the dam is zoned Private Recreation 6b and half of it is zoned Environmental Protection (Bushland) 7.

12. Regardless of this, the development is permissible with consent across zones.

Parramatta Development Control Plan 2005

13. The Provisions of the Parramatta Development Control Plan 2005 have been considered in the assessment of the proposal. The development is consistent with the aims and objectives of the DCP. Non-compliances with the provisions of the DCP are addressed below.

ISSUES.

Flows in Vineyard Creek

14. Environmental flows in Vineyard Creek are currently supplied through, “Volume in excess of the capacity of the dam” which passes into the creek via the constructed spillway. The Brown Consulting Water Balance Analysis (WBA) provided with the DA concludes that the proposed increase in capacity would not impact upon environmental base flows downstream of the dam in Vineyard Creek. However, the water balance analysis does not address the duration, frequency and timing of environmental flows which are critical to maintaining the ecological health of the waterway. Further, anecdotal evidence and observations of the condition of the creek downstream of the dam indicate that the existing dam has had a detrimental impact upon the health of the waterway with a decrease in flows and water quality with subsequent impacts upon the health of the ecosystem generally.

15. At the request of Council staff, the applicant has supplied some verification for data used in the WBA particularly in relation to selection of the Coefficient of Runoff Values (Cv) and rainfall data (Claron Property Group, September 2008). The applicant has also confirmed that the proposed works would include the installation of a 150mm diameter pipe around the dam and bored under the existing dam wall to the creek. A debris trap will be placed at the pipe inlet. This will divert environmental flows around the dam to accommodate base flows for Vineyard Creek. The current environmental flow regime is maintained by pumping from the dam during a flow period. This system requires intervention and is considered unreliable to maintain flows. The installation of a gravity fed drain will aim to ensure regular flows to the Vineyard Creek occur without the requirement to pump. It is anticipated that this would encourage a more frequent and reliable flow.

Biodiversity and Ecosystem Health

16. It is noted that the applicant has proposed to undertake revegetation works along Vineyard Creek as a part of the proposal and that the proposed landscaping works would result in an overall improvement to the riparian areas which may contribute towards an improvement in the health of the waterway.

17. The Vegetation Management Plan (VMP) prepared by BioDesign and Associates Pty Ltd and submitted with the application, identifies key issues currently affecting the health of the riparian environment around where the works are to take place:

17.1 Soils

Soils have been seriously disturbed in many places by activities that have resulted in changes to levels, compaction, and natural topsoil being covered over with fill and introduced soil and chemical changes associated with maintenance of the golf course. The embankment of the creek along the edge of the 15^th tee consists of fill. A large mound of sandstone and rock has been created beside the dam from dumped spoil from previous excavations in the creek.

17.2 Run off and Drainage

There are areas of poor drainage in parts of the site and run-off from the golf course is either piped or allowed to flow overland into the creek system.

17.3 Trees

There are many dead trees in the vicinity of the 15^th tee and the mound beside the dam. There are also many others that are stressed. Trees have been and are continuing to be adversely impacted on by poor soil management (particular changes to soil levels and compacting activities associated with stockpiling of materials) and by competition from weeds.

17.4 Weeds

The creek system, including its embankments and the edges along the top, and the mound beside the dam are severely weed infested.

17.5 Degradation of remnant ecological communities

The site contains and adjoins remnant vegetation that is an important natural asset due to its rarity in this part of Sydney. The remnant indigenous vegetation on the site is generally extremely degraded. It consists mostly of a few trees in small groups of as individual specimens. There is a small area of relatively intact, undisturbed bushland to the north of the mound beside the dam.

18. It is noted that the applicant has not completed rehabilitation and maintenance works following previous works to the dam completed some 18 months ago. Observations made during the site inspection (carried out in February 2008) indicate that the dam and surrounding riparian areas exist in a degraded state, due in part to the impact of the existing dam and existing and past activities carried out on the golf course.

19. The subject site is adjacent to remnant bushland and some of the proposed works are to take place in the bushland. The flora assessment prepared by Teresa James Flora Consultant in November 1999 for the purposes of the application for the previous expansion makes similar observations of degradation with regard to the condition of vegetation in the area subject of the proposed works.

20. For the purposes of the current application, Blues Bros. Contracting Pty Ltd was commissioned to undertake a review of the flora assessment produced by Teresa James Flora Consultant in November 1999. The review noted little change in the plant numbers and species found, however the review states that Further negative impact on a percentage of plants/trees will occur within the change in soil level as understood from instructions given to me by Oatlands’ Staff. (Margot Blues, July 2007).

21. The VMP for Oatlands Golf Club prepared by BioDesign and Associates and submitted as part of the DA Landscape Plan, recommends that the approach to the future management of the site is based on minimising adverse environmental impacts on the creek system. Additional advice provided by the applicant (BioDesign letter 23 September 2008) identifies the whole basis of the landscape concept was to bring back bushland and biodiversity in the vicinity of the works. The VMP provides key recommendations for the golf club, to achieve the approach.

22. The VMP identifies that the key requirement for long-term success will be a commitment to a landscape maintenance program preferably through engaging persons with experience in bush regeneration. Compliance with the VMP and provision of monitoring requirements in relation to maintenance and bush regeneration would be required as part of any condition of consent.

Amenity and Safety Impacts

Noise

23. A significant issue in the submissions received for the works was concerning the extensive noise impacts experienced during previous expansion works at the site. The proposed works involve the excavation of the base of the existing dam by some 7.2 metres. This will involve the use of rock drilling and earth moving equipment. Additional advice supplied by the applicant (letter from Brown Consulting Pty Ltd, 27 October 2008) indicates use of the following heavy equipment:

- 2 x Bucket excavator;

- Rock hammer

- Bulldozer/ripper

- Dump trucks

24 The applicant has indicated the excavation period will be undertaken over a 4 month period with landscaping a further 12 months. The rock hammering would occur intermittently over an 8 week period and where possible the ripper would be preferably used to remove rock to reduce both noise and cost. The applicant has identified that a noise management plan and construction method statements will be prepared and that works will meet the Draft NSW Construction Noise Guidelines which requires noise level to the background level plus 10 dB(A) or a maximum of 75 dB(A). This would be placed as a condition of consent along with provisions for hours of operation.

Visual amenity

25. The site is located on the Oatlands Golf Course, and as such the occurrence of water bodies and dams would not be out of character with the surroundings. It is noted that the wall height of the dam is not to be increased as a result of the works; therefore additional visual impacts are not considered likely to occur post construction. Information regarding proximity and ‘line-of-sight’ of adjacent landowners and the general public is not provided by the applicant to determine the potential for visual impacts during construction.

Safety

26. There is a concern over the safety of the proposed development with the proposed dam site in proximity to public land. Site safety has not been addressed in the application with a significant increase in depth of the dam increasing the potential risk to course users and the general public. As identified in the designs the proposed works would include the excavation of the existing dam creating a near vertical wall (drop) of approximately 10 metres which would have the potential to pose a risk to human life. It has been noted in submissions received that children have been observed to swim in the existing dam, which raises concern over current security.

27. The applicant has advised (Claron Property Group Letter) that they would extend the existing perimeter chain wire fencing from the Club side to the public side of the dam. However, it is noted that such fencing will not prevent swimming use. It is considered appropriate for a condition of consent to be imposed to require the applicant to address safety issues prior to any construction. A ladder in the dam to ensure egress from the vertical drop may be one suitable option.

CONSULTATION

28. The application comprises ‘Integrated Development’ as defined by Section 91 of the EP& A Act 1979 (as amended) and requires approvals/permits under the following Acts:

· Fisheries Management Act 1994; and

· Rivers and Foreshores Improvement Act 1948 (as it applied at the time).

29. In this regard, NSW Fisheries and the NSW Department of Water and Energy (DWE) were consulted and requested to issue General Terms of Approval (GTA) for the proposal. Both Departments raised no objections to the proposal and the GTAs issued for the application are included in the consent conditions.

30. The application was also placed on public exhibition for a period of 21 days from 21^st November to 12^th December 2007. A total of 17 submissions were received from members of the community including 2 petitions signed by a total of 30 persons. The key issues raised in these submissions are summarised below.

No justification for dam.

31. The applicant has provided that the existing dam is used for irrigation proposes for the maintenance of the golf coursed and the increased capacity will remove use of town for irrigation (currently half the watering)

Dam has resulted in degradation of bushland reserve.

32. There is some indication that the dam has resulted in degradation of the reserve. Improved reliance of environmental flows via a gravity drain and improved landscaping including some bushland regeneration may go some way to improving this, however it is noted that further degradation may ensue due to changed soil levels.

Dam reduces flows to Vineyard Creek. Pipe outlet not sufficient to supply flows to the creek.

33. The Department of Water and Energy has recommended the pipe outlet diameter to be sufficient for base flows to the Vineyard Creek.

Remedial work should be undertaken to restore flows to Vineyard Creek.

34. Improved, reliable flows to Vineyard Creek are proposed by way of a gravity drain.

No environmental studies have been carried out downstream of the dam.

35. Council has considered downstream effects as part of the assessment.

No consultation undertaken with Vineyard Creek Reserve Committee (VCRC).

36. The application was notified according to the requirements of the EP&A Regulation.

Further excavation of the dam would increase safety risk.

37. Safety has been considered as part of the assessment and conditions of consent have been proposed to ensure safety during and post excavation

Reduction in flow in Vineyard Creek leaving pools of stagnant water which have become breeding grounds for mosquitoes with subsequent health risks. Restricted flow and stagnant pools have detrimental impact upon various species and limits access to fresh drinking water for native fauna

38. Improved environmental flows to Vineyard Creek may reduce the impact of water pooling and stagnation.

Query whether Oatlands GC measures daily flows as required to do under its existing water licence.

39. This information was not submitted in the DA

Inflow and outflow to the dam are not matched and system for balancing inflow and outflow is ineffective and the diameter of outflow pump and pipe is inadequate to match inflow during rain periods. Pump is rarely operated.

40. The proposed gravity drain will remove the need for pumping.

The proposal is not in keeping with the aim of habitat preservation for the Powerful Owl, listed as vulnerable under the NSW Threatened Species Act 1995.

41. Habitat has the potential to be improved through bushland regeneration, regular environmental flows and landscaping. The applicant has advised that no significant habitat trees were surveyed within the proposed tree removal zone.

The proposal is not consistent with the vision set for the Creek under the Vineyard Creek Waterways Maintenance and Rehabilitation Master Plan (October 2003).

42. The applicant has advised that the Masterplan was addressed in the preparation of the landscape/revegetation documentation.

The degradation of the creek has lead to less community use of the creek and walking tracks.

43. Landscape improvements may go some way to rectifying this.

Extraction of water from Vineyard Creek for irrigation is unsustainable and environmentally harmful.

44. Irrigation extraction from the dam is an existing activity. The proposal aims to improve reliability of base flows to Vineyard Creek this may assist in a more sustainable approach.

Oatlands GC should explore other ways of servicing its water needs.

45. The applicant has advised that they have explored other water saving options, in consultation with Council, and have undertaken a number of water saving landscape management techniques aimed at reducing irrigation needs.

Proposed works will require the use of heavy machinery which will generate significant noise. Previous works took 12 months to complete.

46. The proposed excavation works are anticipated to take some 4 months to complete. Conditions will be placed on hours of operation and a Construction Noise Management Plan will be required to be submitted to Council prior to construction

Relocation of sewer main would require destruction of native habitat.

47. Sydney Water has approved the relocation of the sewer main.

Water in the dam and creek is polluted due to runoff from the golf course and cannot support native fauna.

48. The applicant has indicated that regular water testing results indicate that the nutrient levels are within accepted limits.

Dam and creek have become polluted and habitat for native fauna destroyed.

49. The applicant has indicated that the approach to the development of the landscape and revegetation plans is to preserve existing flora and fauna assets and to improve, in the long term, the environment to support them.

Appropriate rehabilitation work not undertaken with previous works on the dam.

50. Council notes the Golf Club has a poor history in maintaining rehabilitation works associated with the previous approval. A condition of consent will be required for the applicant to undertake rehabilitation and maintenance works in accordance with the Vegetation Management Plan.

The dam is rarely full and the need for the expansion is questioned.

51. The current irrigation requirements are sustained by both the dam water and town water.

Children swim in existing dam – safety concerns.

52. Safety requirements, including fencing will be required as part of the consent conditions.

REFERRALS

53. The Upper Parramatta River Catchment Trust (PRCT)), and the Department of Environment and Climate Change (DECC) were also consulted and given 14 days to provide any comments on the proposal. No comments were received.

54. Referrals were made to Council’s Catchment Management Supervisor and Council’s Senior Development Engineer. Responses have been incorporated into conditions of consent.

Strategic Asset Management Unit

55. The DA was referred to Council’s Strategic Asset Management Unit for consideration as the works involve relocating a sewer line from the floor of the dam to Vineyard Creek Reserve.

56. Use of the Council land for the proposed works can only be recommended when the Oatlands Golf Club Ltd agrees to indemnify Council against third party claim, action or demand for damages arise or may arise from use of Council land.

57. By way of letter dated 30 November 2007, the applicant did confirm that the club will take responsibility for using Council land during the proposed works, including public liability insurance and all maintenance matters.

58. A standard condition of consent is included requiring the applicant to ensure that any person or contractor undertaking works on public land takes out Public Risk Insurance with a minimum cover of $10 million in relation to the occupation of approved works within Council’s reserve, as approved in the recommended development consent. The Policy is to note and provide protection for Council as an interested party.

Maree Worthington-Alder

Independent Planning Consultant

Attachments:

1View	Locality Map	1 Page
2View	Detailed consultant's report	53 Pages
3View	Plans & elevations	7 Pages
4View	History of DA	2 Pages
5View	Department of Water and Energy - General Terms of Approval	5 Pages
6View	Department of Primary Industries - General Terms of Approval	1 Page
7View	Sydney Water - letter of approval	3 Pages

REFERENCE MATERIAL

Sue Coleman – Group Manager City Services			Assistant Minutes Clerk
Geoff King – Acting Group Manager Corporate			Minutes Clerk – Grant Davies
Sue Weatherley -Group Manager Outcomes & Development

Clr Paul Barber – Caroline Chisholm Ward			Clr Lorraine Wearne - Lachlan Macquarie Ward
Clr Mark Lack – Elizabeth Macarthur Ward			Clr John Chedid – Elizabeth Macarthur Ward
Clr Glenn Elmore – Woodville Ward			Clr Andrew Wilson – Lachlan Macquarie Ward
Clr Pierre Esber– Lachlan Macquarie Ward			Clr Scott Lloyd – Caroline Chisholm Ward
Clr Prabir Maitra – Arthur Phillip Ward			Clr Andrew Bide – Caroline Chisholm Ward
Clr Julia Finn – Arthur Phillip Ward	Clr Michael McDermott - Elizabeth Macarthur Ward	Clr Paul Garrard, Deputy Lord Mayor – Woodville Ward	Clr Chiang Lim – Arthur Phillip Ward

1View	s.79C Assessment Report	7 Pages
2View	Location Map	1 Page
3View	DA History	1 Page

1View	Assessment Report	17 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	3 Pages
4View	Police Referral	5 Pages

1View	Assessment report	12 Pages
2View	Locality map	1 Page
3View	Plans	2 Pages

1View	Assessment Report	31 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	12 Pages

1View	Assessment Report	25 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	9 Pages

1View	S79c Assessment Report	12 Pages
2View	Plans	1 Page
3View	Location Map	1 Page
4View	Application History	1 Page

1View	Assessment Report	11 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	3 Pages
4View	Heritage Inventory Sheet	1 Page

1View	Section 79C Report	26 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	13 Pages
4View	Heritage Inventory Sheet	1 Page