Title Page
Application Details
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Application No. & Property Address
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Property details have been checked
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Applicant details have been checked
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Development Descripition has been checked
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Are any ancillary applications necessary?
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Section 68 - plumbing and drainage works
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Section 68 - OSSM install or alter
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Section 138
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Construction Certificate
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Principal Certifier Appointment
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Existing development on the lot consists of:
- Nothing. The lot is currently vacant
- A dwelling
- A principal dwelling and secondary dwelling
- An attached dual occupancy
- A detached dual occupancy
- A storage shed
- A swimming pool
- A carport
- A garden shed
- Other, as noted below
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Ownership - The proposed development is not on Crown Land or land owned by Council
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Pre-lodgement meetings/advice?
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Notification It is considered that the development will not create any unreasonable impacts on surrounding properties and therefore the application has not been publicly notified.
- Not notified
- Notified with no submissions received
- Notified with submission received; See notes below.
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Integrated Development
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Designated Development
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Section 4.14 Bush fire prone land
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10/50 Vegetation clearing
- 10/50 clearing has been considered
- 10/50 clearing is not applicable
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Planning for Bush Fire Protection - No issues with swimming pools on bushfire prone land. Refer to site assessment section for further details for BAL level of any associated decks.
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Easements
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The proposed development is clear of all easements
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Amended plans are to be provided that show all easements and the location of all proposed buildings and structures in relation to the easements
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The proposal is to be amended and plans provided to show the development is to be clear of all easements
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Conditions to be applied and plans marked up to move change the location of the proposed works to be clear of the easement(s)
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Covenants
- No 88B for this property
- None listed on the 88B
- There are some listed on the 88B
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Covenants where Council is benefited or would have required them to be included on the 88B cannot be set aside.
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Council is not benefited or we would not have required the covenants to be included on the 88B.
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Conditions to be included to address the covenants where Council is benefited or we would have required the covenants to be included on the 88B. Conditions are to address the following.
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Restrictions on Use
- No 88B for this property
- None listed on the 88B
- There are some listed on the 88B
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Council is not benefited or we would not have required the restriction to be included on the 88B. In accordance with Clause 1.9A of the LEP, Section 88B these restrictions can be set aside to enable the development to occur in accordance with the relevant LEP and DCP provisions
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Conditions to be applied in relation to the following:
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Connection to Council’s Dual Water Policy
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APZ’s
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Easement for support
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Stormwater controls or maintenance
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Other, as noted below.
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Is the development is sufficiently clear of Councils sewer assets?
- Yes
- No
- Not applicable. Property not connected to sewer.
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The development is within 1.5m or in close proximity to Council’s sewer assets and further details of the location and depth of the sewer line in relation to the proposed footings are to be provided that show compliance with Council Building Over Assts Policy can be achieved.
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A condition will be applied for any footings to be founded below the zone of influence of the sewer line with details to be included in an engineering design to be approved by the Registered Certifier that is to issue the Construction Certificate.
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Stormwater and/or pool water discharge - Standard condition to be applied.
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Are there any trees on Council land that require protection
Section 4.15(1)(a)(i) - State Environmental Planning Policies (SEPP)
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Due to the small scale of this development which is also ancillary to an approved use of the land, there are no issues that necessitate specific conditions to be applied in relation to the following SEPP's:<br><br>SEPP (Resilience and Hazards) 2021<br>Division 1 Coastal wetlands and littoral rainforests area<br>Division 2 Coastal vulnerability area<br>Division 3 Coastal environment area<br>Division 4 Coastal use area<br>Division 5 General<br>Chapter 4 Remediation of Land<br> <br>SEPP (Resources and Energy) 2021<br>Extractive industries
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SEPP (BASIX) 2004 - Alts and Adds less than $50,000 or pool is less than 40,000 litres
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BASIX does not apply
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BASIX applies and a certificate has been provided
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SEPP (Biodiversity and Conservation) 2021 - Koala Habitat Protection – BSC Koala Management Strategy (KMS) - Core Koala Habitat areas
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Where a pool is proposed, condition for pool fencing to be of a type of fence that excludes entry by koalas (i.e. not timber) or where fencing may allow access by koalas, the pool is to incorporate a shallow ramp or 50 mm diameter rope that allow koalas to easily escape from the pool
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Where a pool is proposed, condition for there to be no shrubs or trees, within 1m of the pool fence, that koalas could use to climb over the pool fence.
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Is clearing of vegetation proposed (or necessary for bushfire management) of trees greater than 3.0m in height or 100mm diameter at breast height within mapped core koala habitat, and <br> no new boundary fencing is proposed, or<br> new boundary fencing is to be in accordance with Section 5.5.2 of the KMS<br>
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A koala habitat survey and report is to be provided in accordance with Sections 5..4.2.3 and 5.4.2.4 of the KMS
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SEPP (Transport and Infrastructure) 2021 Clause 2.48 - Electrical Infrastructure
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Does the development involve the penetration of ground<br> within 2m of an underground electricity power line or an electricity distribution pole, or <br> within 10m of any part of an electricity tower<br><br>
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Referral to Essential Energy is required
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Is the development to be carried out<br> within or immediately adjacent to an easement for electricity purposes (whether or not the electricity infrastructure exists), or <br> immediately adjacent to an electricity substation, or <br> within 5m of an exposed overhead electricity power line,<br>
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Referral to Essential Energy is required
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Is any part of a swimming pool<br> within 30m of a structure supporting an overhead electricity transmission line (measured horizontally from the top of the pool to the bottom of the structure at ground level), or <br> within 5m of an overhead electricity power line, measured vertically upwards from the top of the pool<br>
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Referral to Essential Energy is required
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Does the development involve or require the placement of power lines underground.
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Referral to Essential Energy is required
Local Environmental Plans (LEP). The land has the following zonings under the BLEP 2012.
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BLEP 2012 Land Use Zone
- R2 Low Density Residential
- R3 Medium Density Residential
- RU1 Primary Production
- RU2 Rural Landscape
- DM Deferred Matter under the BLEP 2012 and reverts to the BLEP 1987 zone as noted below.
- Other as noted below
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The proposed development permissible within this zone as being ancillary to a dwelling and meets the zone objectives.
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Part 4 Principal development standards
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4.3 & 4.3A The height of the structure does not exceed the maximum allowable height of 8.5m
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4.4 & 4.5 Floor Space Ratio does not to exceed 0.5:1 or there is no increase to the existing gross floor area.
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4.6 There are no exceptions to the LEP Development Standards
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5.4 The proposal is not for a new Secondary dwelling, Bed & Breakfast, Home business or Home occupation
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5.10 The development is not in the vicinity of, nor does it does not involve altering a heritage item as listed in Schedule 5 of the LEP or disturbing an aboriginal place of heritage significance
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7.1 Is the lands identified as Class 1 or 2 acid sulfate soil. (ASS) on Council’s mapping system.
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Condition for ASS to be managed as per the submitted Acid Sulfate Soils Management plan (ASSMP) or bunding and liming rates to be adopted to address ASS if encountered.
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7.4 Drinking water catchments - The proposed development is not to impact on the drinking water quality
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7.5 Obstacle Limitation Surface : The proposed development is compliant with Council’s building height standard of 8.5m and the operation of the Ballina Byron Gateway Airport is not compromised by the proposed development and there is no undue risk to the community. The development is ancillary to the use of the land for residential accommodation and is not required to be referred to CASA.
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7.6 Aircraft Noise - Is there any increase in the number of dwellings or people affected by aircraft noise?
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7.7 Necessary services (e.g. water, electricity, sewage disposal, stormwater drainage)
DCP Chapter 2 - General and Environmental Considerations
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Due to the small scale of this proposed non-habitable development that is ancillary to an existing approved use of the land, there are no likely issues with the following Sections of Chapter 2.<br><br>3.1 Land Use Conflict<br>3.2 Ridgelines and Scenic Areas <br>3.3 Natural Areas and Habitat<br>3.3A Koala Habitat Management – refer to SEPP assessment section <br>3.4 Potentially Contaminated Land<br>3.5 Land Slip/Geotechnical Hazard – subject to no major site earthworks being proposed<br>3.6 Mosquito Management<br>3.7 Waste Management – Subject to standard conditions being applied<br>3.8 On-site Sewage Management Systems - subject to being clear of any LAA<br>3.9 Stormwater Management<br>3.10 Sediment and Erosion Control – Subject to standard conditions being applied<br>3.11 Provision of Services<br>3.12 Heritage – refer to LEP assessment section<br>3.13 Drinking Water Catchments– refer to LEP assessment section<br>3.14 Coastal Hazards – see below<br>3.15 Crime Prevention through Environmental Design - Not applicable<br>3.16 Public Art - Not applicable<br>3.17 Road Widening – see below<br>3.18 Protection of Foreshore and Public Open Space Areas<br>3.19 Car Parking and Access <br>3.20 Vibration - Unlikely that driven piles will be required<br>3.21 Bushfire Management – No issues for swimming pools<br>3.22 Road Noise Mitigation.
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3.14 Coastal Hazards - Is the development on land identified on the Coastal Hazard Protection Map?
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See notes above
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3.17 Is the land land shown on the Road Widening Policy Map
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See comments above
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3.23 Waterway Structures - Are there any structures proposed in a waterway?
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See comments above
DCP Chapter 2b - Flood Plain Management
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Land within the floodplain as identified by the coloured areas within the DCP Map, Figure 1, or other land identified as being flood prone within Ballina Shire.
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Concessional Development and any affect the flow of flood waters or significant adverse impact by flood waters.
DCP Chapter 4 - Residential & Tourist Development
3.2.3.2 Setbacks
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3.1.3.2 Front Setback complies
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3.1.3.2 Setbacks comply for corner lots
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3.1.3.2 Side and Rear Boundary setbacks comply
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3.1.3.2 Additional Rear Setback Requirements complied with
3.1.3.3 Landscaping and Open Space
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Lot size (m2)
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Percentage of landscaped area specified by DCP (%)
- Lots is less than 600m2 -- 20% of lot area
- Lot is 600m2 or above -- 30% of lot area
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Area of landscaped area to be provided (m2)
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Area of landscaped area proposed after the development is completed (m2)
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Does the proposal not remove, or will an area of private open space remain ,that is: <br>Predominately flat, i.e. a maximum gradient of 1:10; and <br>At least 24m2 in contiguous area; and <br>A minimum dimension of 4m in at least one direction.
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Does the proposal not remove, or will a covered outdoor living area (i.e. patio, courtyard, deck or the like), remain?
3.1.3.4 Solar Access / Designing for Climate
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Does the proposal not remove existing solar access to 50% of a required area of private open space?
3.4.3.1 Development Fronting Laneways
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Is the proposed development setback behind the laneway building line specified on the Building Line Map. (See 3.4.3.5 for fences)
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Where development occurs on the corner of a lane, a corner splay of 2.5m x 2.5m must be dedicated to Council.
3.4.3.2 Articulation Zone
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Are the structures permissible and suitable in the Articulation Zone? Although not specified in the DCP, swimming pools and fences are permissible within an Articulation Zone. (See 3.4.3.5 for fences)
3.4.3.3 Vehicular Access and Parking
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Are there any changes to the existing parking arrangements
3.4.3.4 Overlooking and Privacy
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Any proposed deck or terrace is to have a setback of less than 3 metres from the side and rear boundaries, or they will have a floor level not more than 1.0m above ground level.
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Where decks and terraces are within 3 metres of side boundaries and within the Articulation Zone they are not permitted to have privacy screening.
3.4.3.5 Fences and Walls
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Any fences or walls forward of the building line are proposed to be articulated so as to provide visual relief and opportunities for landscape plantings between the wall and public areas
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Any fences or walls forward of the building line are proposed to be not more than 1.8 m in height
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Any fences or walls forward of the building line are proposed to incorporates openings with at least 50% visual permeability.
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Were a fence or wall is proposed to be within 2.0m of a driveway, a minimum 2.5m x 2.0m splayed area in accordance with Australian Standard 2890 is to be provided or, an open style fence may be used with solid construction to a maximum height of 1.0m.
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Acoustic fencing may be erected on boundaries to the following streets and roads in Lennox Head:iv. Acoustic fencing may be erected on boundaries to the following streets and roads in Lennox Head: <br>a. Ballina Street <br>b. Byron Street <br>c. North Creek Road (The Coast Road to Skennars Head Road) <br>d. Hutley Drive <br>e. Montwood Drive<br>
3.4.3.8 Earthworks and Slope Sensitive Design Controls
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Excavation or fill within 1.0m of a boundary is not proposed to be more than 1.2m high .,per single cut or single fill.
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The proposed earthworks is appropriately designed for the site.
4 Special Area Controls
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4.1 - Coastal Grove Estate, Lennox Head
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4.2 - Aspects & Elevations, Lennox Head
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4.3 - Wollongbar Urban Expansion Area
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4.4 - Camden Lane Area, Ballina
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4.5 - Lennox Coastal Hazard Protection, Lennox Head
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4.6 - 16 Tara Downs, Lennox Head
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4.7 - Blue Seas Parade Estate, Lennox Head
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4.8 - 23 Compton Drive, East Ballina
Chapter 7 – Rural Living and Activity
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Suitability of the development as being ancillary to a rural dwelling
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3.8 Building Lines and Setbacks - Complies with building line setback
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4.1 Special Area Controls - South Ballina– Not applicable to this proposal
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4.2 Special Area Controls - Fig Tree Hill– Not applicable to this proposal
Site Inspection
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Location and NCZ's of internal barrier
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Boundary barriers and NCZ 5
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Windows openings to the pool area to be protected
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No doors to open into pool area
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Ancillary buildings - shade buildings and structures permitted
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Nearest tap to to the proposed pool is a the only potable outside tap on the property
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Bush Fire Prone Land
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Direction to vegetation
- North
- South
- East
- West
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North Vegetation Type
- Rainforest
- Forest
- Woodland
- Forested Wetland
- Tall Heath
- Short Heath
- Arid-Shrubland
- Freshwater Wetlands
- Grasslands
- Managed Land
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North Slope under hazard (over 100m)
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South Vegetation Type
- Rainforest
- Forest
- Woodland
- Forested Wetland
- Tall Heath
- Short Heath
- Arid-Shrubland
- Freshwater Wetlands
- Grasslands
- Managed Land
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South Slope under hazard (over 100m)
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East Vegetation Type
- Rainforest
- Forest
- Woodland
- Forested Wetland
- Tall Heath
- Short Heath
- Arid-Shrubland
- Freshwater Wetlands
- Grasslands
- Managed Land
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East Slope under hazard (over 100m)
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West Vegetation Type
- Rainforest
- Forest
- Woodland
- Forested Wetland
- Tall Heath
- Short Heath
- Arid-Shrubland
- Freshwater Wetlands
- Grasslands
- Managed Land
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West Slope under hazard (over 100m)
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Conditions to be applied for
- Construction to BAL 12.5
- Construction to BAL 19
- Construction to BAL 29
- Access
- Water supply
- Asset protection zones
- Upgrading of existing building for ember protection
- Referral to RFS required
- Referral to RFS recommended
- No conditions necesary
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Are there trees on neighbouring land that require protection?
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Chapter 2a - Vegetation - Urban Zones
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Does the proposal include or require the removal of any tree either native or non-native with a height of 6 metres or greater?
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Does the proposal include or require the removal of any tree of the species Pandanus tectorius (Screw Pine) with a height of 3 metres or greater and located in East Ballina, Lennox Head or Skennars Head?
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Does the proposal include or require the removal of any vegetation located on land identified as Significant Urban Bushland on the Significant Urban Bushland Map?
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Does the proposal include or require the removal of any tree with a height of 3 metres or greater located on land containing an Item of Environmental Heritage as specified in Schedule 5 of the Ballina Local Environmental Plan 2012?
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Vegetation proposed or required to be removed as an exemption.
Section 4.15 (1)(a)(ii) - Draft Environmental Planning Instruments
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Any Draft EPI's that apply to the land or the development type.
Section 4.15(1)(a)(iiia) – Planning Agreements.
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Any planning agreement that a developer has offered to enter into for the property.
Section 4.15(1)(a)(iv) – The provisions of the Regulations
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Does the development involve demolition work
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Conditions relating to asbestos removal and compliance with Australian Standard AS 2601 will be applied.
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Is it necessary to require a fire safety upgrade or other BCA upgrade under the Regulation
Sections 4.15(1)(b) & (c) -The Likely Impacts of the Development and the Suitability of the Site for the Development
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Are there any likely unreasonable impacts on other properties with noise from normal use.
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Are there any likely impacts on adjoining Council owned reserves (including access onto reserves during or after construction).
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Conditions will be applied in relation to possible impacts on adjoining Council owned reserves (including access onto reserves during or after construction).
Section 4.15 (1)(d) – Consideration of submissions
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Further assessment notes of any submissions.
4.15(1)(e) – The Public Interest
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• Approval of the proposal is in Public Interest.
Other Matters
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General Notes
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Matters to be addressed prior to deteminaation
Determination and Assessment Officers Declarations
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Determination
- Granting of consent subject to conditions
- Granting of consent unconditionally
- Refusing of consent for the following reasons:
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I have no pecuniary interest or conflict of interest to disclose in relation to this application.
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I have delegated authority to the prepare recommendations for this application.
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I have delegated authority to provide advice to any person in relation to this application.
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I have delegated authority to make a determination of APPROVAL.
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I have delegated authority to make a determination of REFUSAL.
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Assessment Officer's Name
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Inspection Officer’s Signature:
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Date
Admin Instrucutions
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Use Standard Category Consent from templates:
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Add Non-Standard Conditions as below:
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Condition Title
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Condition Text
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Condition Reason
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Add Non-Standard Conditions as below:
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Condition Title
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Condition Text
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Condition Reason
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Add Non-Standard Conditions as below:
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Condition Title
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Condition Text
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Condition Reason
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Prepare Construction Certificate
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Prepare Section 68 Approval for:
- Carry out water supply work
- Draw water from a Council water supply
- Install, alter or disconnect a water meter
- Carry out sewerage work
- Carry out stormwater drainage work
- Connect private property to Council sewerage system
- Discharge of Trade Waste to sewer
- Insatll or Alter OSSM
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Prepare Section 138 Approval
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Check Council pool register and create new entry if not already in it.
