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DEVELOPMENT CONTROL PLAN Old School Site 19 Gregory Street, South West Rocks Date: 22 June 2010

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Page 1: DEVELOPMENT CONTROL PLAN - Kempsey Shire€¦ · Development Control Plan Old School Site Gregory Street South West Rocks Page | 1 ABSTRACT This draft Development Control Plan (DCP)

DEVELOPMENT CONTROL PLAN

Old School Site

19 Gregory Street, South West Rocks

Date: 22 June 2010

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Contents Page ABSTRACT ................................................................................................................ 1 PART 1 INTRODUCTION ......................................................................................... 2

1.1 PREAMBLE ................................................................................................... 2 1.2 OBJECTIVES ................................................................................................. 3 1.3 HOW TO USE THE DCP .................................................................................. 3 1.4 PROCEDURES ............................................................................................... 3 1.5 RELATIONSHIP TO OTHER PLANS .................................................................... 5

PART 2..................................................................................................................... 6 2 SITE ANALYSIS ................................................................................................... 6

2.1 CADASTRAL DESCRIPTION ............................................................................. 6 2.2 SITE CONTEXT ............................................................................................. 6 2.3 PHYSICAL ATTRIBUTES .................................................................................. 8 2.4 SITE VEGETATION ........................................................................................ 8 2.5 LANDFORM AND SOILS .................................................................................. 8 2.6 FLOODING AND HYDROLOGY ....................................................................... 10

PART 3................................................................................................................... 13 3 DESIGN GUIDELINES ......................................................................................... 13

3.1 VISION FOR DEVELOPMENT OF THE SITE....................................................... 13 3.2 URBAN DESIGN, CHARACTER AND FORM ....................................................... 13 3.3 FLORA AND FAUNA...................................................................................... 17 3.4 ARCHAEOLOGY ........................................................................................... 19 3.5 BUSHFIRE .................................................................................................. 21 3.6 HYDROLOGY ............................................................................................... 22 3.7 TRAFFIC AND ACCESS ................................................................................. 27

Figures Page Figure 1: DCP Area Map ............................................................................................. 2 Figure 2: Site Locality Plan ......................................................................................... 4 Figure 3: Cadastre Plan .............................................................................................. 7 Figure 4: Landform Areas ......................................................................................... 10 Figure 5: One in 100 Year Flood Inundation ................................................................ 11 Figure 6: Stormwater Management – Indicative WSUD Measures ................................. 26 Figure 7: Tree Location Diagram ............................................................................... 30

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ABSTRACT This draft Development Control Plan (DCP) was prepared by Kempsey Shire Council to guide development within the ‘Old School House’ site located at Lots 233 and 317 DP 754396 (No. 19) Gregory Street, South West Rocks. This DCP was prepared in response to recommendations made in the Local Environmental Study, Old School Site, South West Rocks, May 2009. The Local Environmental Study (LES) recommended that development should occur on the site in accordance with a site specific DCP which provides certain controls to ensure that development is consistent with the following aims of draft LEP Amendment No 100:

• to allow certain land to be developed for residential purposes; and • to provide appropriate protection for areas of cultural and visual importance.

This DCP includes extracts from the site analysis and findings of the Local Environmental Study to assist with future development of the site. The inclusion of site analysis data in the DCP will assist the user to better understand the constraints and opportunities presented within this site. The performance objectives and development standards contained in this DCP are a combination of prescriptive and performance based controls. It is considered that this approach will provide certainty whilst allowing for a more site sensitive and innovative design response.

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PART 1 INTRODUCTION

1.1 PREAMBLE This Development Control Plan (DCP) applies to development on land shown on the plan below referred to as the DCP Area Map.

Figure 1: DCP Area Map

This DCP supplements the provisions of the Kempsey Local Environmental Plan 1987. This DCP supplements the provisions of draft Local Environmental Plan Amendment No. 100 which applies to the land as shown on the DCP Area Map. This DCP came into force on 22 June 2010.

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1.2 OBJECTIVES This DCP seeks to encourage appropriate development which is sensitive to the scenic and cultural values of the land.

1.3 HOW TO USE THE DCP This DCP comprises three parts:

Part 1: Introduction which explains the purpose and reasons for the DCP.

Part 2: Site Analysis which describes the unique environmental, cultural and scenic values of the site.

Part 3: Design Guidelines which provide principles and guidelines for development of the site.

Part 3 provides performance objectives and development standards related to matters required to be taken into consideration in the preparation and assessment of development applications. Where it is proposed to vary any prescribed development standard, the Statement of Environmental Effects required to support the development application shall include a written justification as to why the development standard is unreasonable and unnecessary in the circumstances. Without limiting the matters the applicant may wish to raise in support of variations to development standards, the consent authority must be satisfied that the underlying relevant performance objective will be met.

1.4 PROCEDURES Most development of the land will require approval from Council or the Northern Joint Regional Planning Panel. In order to assist this process, applicants should:

a) Consult Council staff on draft proposals;

b) Check that the proposal meets the controls in this DCP and any other relevant DCPs and Council policies ;

c) Arrange a pre-lodgement meeting with Council’s Planning and Technical staff to ensure the project documentation is complete prior to lodging the DA;

d) Lodge a Development Application.

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Figure 2: Site Locality Plan

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1.5 RELATIONSHIP TO OTHER PLANS Development within the site must be consistent with relevant environmental planning instruments including:

• North Coast Regional Environmental Plan

• Kempsey Local Environmental Plan 1987

• State Environmental Planning Policy (SEPP) 14 Coastal Wetlands

• State Environmental Planning Policy (SEPP) 44 Koala Habitat Protection

• State Environmental Planning Policy (SEPP) 65 Design Quality of Residential Flat Development

• State Environmental Planning Policy (SEPP) 71 Coastal Protection

• State Environmental Planning Policy (SEPP) 6 Number of Storeys in a Building In respect to any inconsistency between this DCP and any other DCP or Council policy, this DCP shall prevail.

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PART 2

2 SITE ANALYSIS This section of the DCP provides an overview of the pre-development features of the site. Site analysis data has been sourced from the Local Environmental Study.

2.1 CADASTRAL DESCRIPTION The study area comprises Lot 233 DP 754396; and Lot 317 DP 754396. The combined area of both lots is approximately 6,400 m2. (See Figure 3)

2.2 SITE CONTEXT The site is located within the township of South West Rocks. South West Rocks is located on the Mid-North Coast of NSW. It is approximately 466 km north of Sydney, and approximately 31 km north east of Kempsey. The site is bounded by Crown land to the north, Gregory Street to the east, Our Lady Star of the Sea Catholic Church to the south and Back Creek and associated Crown Reserve/car parking area to the west. Opposite the site, the eastern side of Gregory Street contains a mix of low to medium density residential and holiday accommodation.

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Figure 3: Cadastre Plan

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2.3 PHYSICAL ATTRIBUTES The site slopes from Gregory Street down to the car park adjacent to Back Creek. It contains cleared areas of land adjacent to Gregory Street where the old school building is situated, which has a gentle slope. The lower section of the site, adjacent to the car park, is generally clear of significant vegetation and is relatively flat. The remainder of the site is vegetated with mature trees and shrubs and has a moderate to steep slope. Surface soils are dark brown sandy clays on the elevated areas of the site with sandy soils observed to the south-western corner along the lower western portion. A thick layer of partially decomposed organic bark mulch, up to 0.2m thick, is present in the area of the site to the west of the old school building. Outcrops of weathered granite are present on the steep slopes. Granite boulders, up to 1m in diameter, are present at the toe end of the slopes. The Macksville – Nambucca 1:100,000 Soil Landscape Sheet indicates the majority of the site is situated in the Big Smokey colluvial soil landscape, which overlies residual granite soils. The Dorrigo – Coffs Harbour 1:250,000 Geological series indicates that the site is underlain by the Smokey Cape Adamellite. Subsurface investigations revealed the natural profile of approximately 0.4m of very stiff sandy clay topsoil, overlying very stiff to hard residual pale brown sandy clays overlying granite on the slopes of the site and a profile of sands present to the south western corner of the site.

2.4 SITE VEGETATION All significant trees within the site have been assessed and are listed for retention or removal (See Appendix 1). The trees located in the eastern area of the site (generally the area zoned for residential purposes) are generally in poor condition due to impact by excessive mulch in their root zones. The remaining grouping of trees located in the sloping area (western) of the site form a distinctive landscape feature and in doing so attract a higher collective rating than individual trees that are dispersed throughout the site.

2.5 LANDFORM AND SOILS The site is situated in an area of gentle to moderately undulating topography that slopes down towards the Back Creek estuary and coastline. The upper slope of the ridge slopes to the west at approximately 4°, while the north west facing slope of the ridge slopes at approximately 10° towards the boundary. The upper slopes of the south west facing ridge slope at approximately 14° and then steepen significantly from the 10 m contour down to the toe of the slope, with a slope angle of approximately 35°. At the toe of this steeper section, the slope levels out into a flat low lying area that occupies the south west corner of the site. Elevations across the site range from approximately 16.5 m AHD on the eastern boundary on the ridge crest to 2.2 m AHD in the low lying south western corner of the site. (See Figure 4) Drainage across the site appears to be via infiltration and overland flow following the natural slope of the site. Intermittent drainage lines which receive storm water from Gregory Street and discharge towards Back Creek occur to the north and south of the site.

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The cleared areas of the site are covered with thick grass and weeds up to 1 m in height. Surface soils are dark brown sandy clays on the elevated areas of the site, with sandy soils observed in the south western corner along the lower western portion. A thick layer of partially decomposed organic bark mulch up to 0.2 m thick is present in the centre of the site to the west of the old school building. Outcrops of weathered granite occur on the steep slopes and are massive in structure, with widely spaced planar defects observed dipping at approximately 80° to the south west and another set of planar defects that were dipping at close to 0°. Granite boulders were observed at the toe and on the slopes and were up to 1 m in diameter. The site does not appear to be affected by cut, as the surface soils underneath the old building are consistent with the topsoil across the site, with profiles adjacent to mature trees used for reference against test pit investigations throughout the site. Some sand fill may be present in the south west corner, as this was observed to be up to 1 m higher than the land adjacent to the site and the current Back Creek car park.

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Figure 4: Landform Areas

2.6 FLOODING AND HYDROLOGY The site drains to South West Rocks Creek, locally known as Back Creek, which is classified as a wetland under State Environmental Planning Policy No. 14. Back Creek has a relatively small catchment area of approximately 540 hectares with no significant tributaries and no freshwater reaches. The 1 in 100 year flood level adjacent to the site is estimated to be approximately 2.3 m AHD. As shown in Figure 5 , this level would result in inundation depths of up to 300 mm in the flat south-west portion of the site, over an area of approximately 700 to 800 m². Buchanan Drive would also be inundated by up to 300 mm adjacent to the site.

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Figure 5: One in 100 Year Flood Inundation

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2.6.1 Climate Change Impacts on Flood Levels Climate change is expected to have adverse impacts upon sea levels and rainfall intensities, both of which may have significant influence on flood behaviour at specific locations (DECC, 2007). The draft NSW sea level rise planning benchmark is an increase above 1990 mean sea levels of 40 cm by 2050 and 90cm by 2100 (NSW Government, 2009). Climate change impact flood scenarios would create inundation depths in the flat south-west portion of the site and in Buchanan Drive of up to 0.7 m by 2050 and 1.2m by 2100. Sea level rise will also result in more frequent inundation of these areas. 2.6.2 Climate Change Impacts on High Tide Levels The existing mean high water spring tide level for Back Creek is assumed to be approximately 0.6 m AHD, based on estimated levels in the Draft Macleay River Estuary Processes Study (WMA Water, 2008:25). The sea level rise predictions of 0.55 m to 0.91 m is expected to result in a mean high water spring tide level adjacent to the subject site of approximately 1.0 m AHD by 2050 and 1.5 m AHD by 2100. The level of the flat south-west portion of the site and the adjacent Buchanan Drive is approximately 2.0m AHD. While this increase in tide levels in Back Creek will therefore not result in inundation of the lower parts of the site on a spring high tide, it is likely to result in shallower water table depths in the flat south-west portion of the site.

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PART 3

3 DESIGN GUIDELINES

3.1 VISION FOR DEVELOPMENT OF THE SITE An innovative medium density residential precinct that responds to its visually prominent location whilst providing linkages to the South West Rocks town centre and revitalising the Back Creek reserve area, providing opportunities for cultural and recreational facilities for use both within and external to the site.

3.2 URBAN DESIGN, CHARACTER AND FORM In order to preserve the high visual amenity of the site, future development proposals must ensure that a majority of the existing tree canopy is retained. Of particular importance is the need to maintain the existing uninterrupted tree canopy across the site’s visually sensitive embankment and skyline. Supplementary vegetation may be necessary to ensure that this canopy is sustainable and that it achieves sufficient depth of cover over the longer term. It is also essential that the height of any new development be lower than the skyline of trees and that there is adequate space between building footprints to facilitate tree growth and to mitigate the visual impact of built form. Retention or enhancement of the vegetated frontage along Gregory Street is also required to create a buffer to possible development within the site and to maintain the values of the existing unbroken green corridor that follows the entry road into the town centre. This would also ensure that the existing westerly views of the vegetation along the Landsborough Street axis are maintained. Future development of the site should also include the restoration of the existing old school building and the creation of an appropriately scaled setting to retain and enhance the building. Development options should avoid absorbing the building into a larger building envelope which would likely impact on the visual amenity values of the building within its existing setting. Performance Objective Development Standard

3.2.1 Development within the site will respect the natural, historical and archaeological values of the site and interpret these values in a meaningful and recognisable manner.

In addition to the requirements of the Mid North Coast Urban Design Guidelines, applications for development shall include a detailed design analysis demonstrating compliance with all design principals and guidelines identified by this DCP.

Performance Objective Development Standard

3.2.2 Development will positively contribute to the Gregory Street streetscape amenity through restraining building height and bulk to below the vegetated canopy and remaining clear of the steep,

In addition to the requirements of the Mid North Coast Urban Design Guidelines, applications for development shall include a detailed design analysis demonstrating compliance with all design principals and guidelines identified by this DCP.

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densely vegetated scenic protection zoned land.

Performance Objective Development Standard

3.2.3 The existing attractive dominance of native trees within the site when viewed from the public realm shall be maintained. Development must ensure that buildings will not breach the existing vegetated skyline across the site and maintain a compatible scale with surrounding buildings. New development should be set back from Gregory Street to reduce the visual impact of built form onto the streetscape and maintain the continuous green edge that characterises the existing public road entry into the town centre. This would also retain the attractive channelled vegetated view of the site as seen from Landsborough Street to the east.

Development shall:- Incorporate a minimum 5 m wide set-back from the Gregory Street boundary to create a green frontage of locally indigenous vegetation including native trees. Restrict building height to a maximum height no greater than 12.5m. The building façade facing Gregory Street measured from the pavement shall not exceed an overall height of 11m. Pavement to ceiling height should not exceed 9m. Note: The provisions of State Environmental Planning Policy (SEPP) 6 – Number of Storeys in a Building applies in regard to the number of storeys, floors or levels which a building contains. That number shall, for the purposes of applying the provision, be deemed to be the maximum number of storeys, floors or levels, as the case may be, of the building which may be intersected by the same vertical line, not being a line which passes through any wall of the building

Performance Objective Development Standard

3.2.4 Development shall respect the character and amenity of the local street environment.

Development shall: a. minimise bulk and overshadowing

impacts by progressively increasing setbacks as building height increases;

b. ensure that the building design is not in strong visual contrast with the positive features of the surrounding built environment by incorporating complementary features with regard to:

mass and proportion; façade articulation, detailing,

window and door proportion, and decorative elements,

building materials, patterns, textures and colours;

roof form and pitch; and floor to ceiling height.

c. ensure that on-site car parking is not visually intrusive and allows the building to address the street.

Performance Objective Development Standard

3.2.5 Development shall incorporate features that follow safer by design principles and practices.

Development shall: a. ensure that key external locations and

spaces within the development, such as the front door, are directly visible from

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Gregory Street; b. ensure that new planting along the

Gregory Street frontage includes minimal medium sized vegetation to avoid potential hiding places that may attract anti-social behaviour;

c. include legible, well lit and accessible community spaces; and

d. ensure windows from the development overlook community areas to enhance passive surveillance.

Performance Objective Development Standard

3.2.6 Development shall minimise ecological impacts by adopting environmentally sustainable principles in the design, construction and occupancy phases of development.

Energy Conservation Development shall: a. incorporate passive solar design

principles to maximize day-lighting and passive heating opportunities;

b. incorporate energy efficient design principles to minimize active heating and cooling requirements;

c. specify energy efficient equipment and lighting systems;

d. provide efficient control and effective maintenance systems, including monitoring of energy consumption;

e. optimise opportunities to use renewable energy sources and incorporate renewable energy technologies wherever possible; and

f. minimise embodied energy in construction materials.

Water Conservation Development shall: a. facilitate opportunities for on-site

treatment and reuse of grey water and stormwater; and

b. minimise water consumption through practices such as: i. installing rainwater and stormwater collection tanks; ii. providing water efficient facilities and equipment; iii. installing reuse systems for grey water; and iv. providing effective monitoring and maintenance systems.

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c. preserve natural features of the site by minimising the level of intervention required to establish development on the site such as cut and fill and tree removal.

Building Materials Conservation Development shall: a. reuse existing site features or

materials; b. minimise use of materials with high

embodied energy; c. minimise life cycle costs through using

materials and equipment requiring minimal maintenance and with maximized expected useful life; and

d. minimise building materials that have damaging ecological effects during harvesting, manufacturing and / or construction.

Waste Minimisation Development shall minimise construction waste going to land fill through a material tracking system; and provide facilities that assist and foster minimisation and recycling of waste production by building occupants through separation and composting systems.

Appropriate Landscape Design Development shall: a. incorporate locally indigenous native

vegetation as the dominant palette for new planting;

b. incorporate new plants that will facilitate year-round moderation of internal climate; and

c. maximise the reuse on site of rock and topsoil emanating from excavations and shredded vegetation for mulch.

Provide Benefit for the Wider Community

Development shall: a. respect, reflect and integrate the

development with the surrounding culture and activities of the district;

b. create facilities that are accessible and available for community use; and

c. purchase local services and products where possible.

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3.3 FLORA AND FAUNA Performance Objective Development Standard

3.3.1 Development should focus on the existing cleared areas of the site.

Development on the site shall provide for the following: a. clear delineation of all construction

areas to minimise the construction ‘footprint’;

b. directional felling of all trees to be removed into development area in order to minimise potential damage to retained vegetation;

c. future landscaping of the site should be undertaken utilising nectar producing native species;

d. a visual inspection of any tree over 15cm DBH for fauna (including nesting fauna) should be made prior to felling. Any fauna utilising trees required to be felled should be allowed to voluntarily move on prior to removal of the tree;

e. retention, where practical, of any hollow-bearing trees;

f. if fencing is required, only wildlife-friendly fencing should be installed (i.e. no barbed wire on the top or bottom strands);

g. restriction of bushfire management obligations to outside of 7(d) zoned land; and

h. a Vegetation and Fuel Management Plan to balance the management of any Asset Protection Zones with sensitive environmental management and to improve the surrounding site condition which is highly degraded by weeds. The latter works will improve the environmental performance of the site through improvement in on-site native vegetation and reduced function as a weed reservoir for the surrounding area.

Performance Objective Development Standard

3.3.2 Disturbance of trees in the western group should be kept to a minimum in order to continue to offer environmental landscape and amenity value to the site for many years, including significant shading and cooling during hot summer afternoons.

No trees shall be removed to accommodate development other than indentified in Appendix 1 to this DCP.

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Performance Objective Development Standard

3.3.3 Protection of significant trees and vegetation during construction works.

Any future development must comply with the provisions of Australian Standard Protection of Trees on Development Sites AS-4970-2009.

3.4 ARCHAEOLOGY Performance

Objective Development Standard

3.4.1 Development of the site shall acknowledge and conserve items of environmental heritage.

The Recorded Midden Site Applications for development shall include measures to protect the Aboriginal midden located in the north eastern corner of the site including: a. provision of a ten (10) metre diameter buffer zone

to ensure protection of the midden by ensuring no disturbance or vegetative clearing;

b. construction-related disturbance should be avoided around the perimeter of the midden buffer zone by temporarily fencing to exclude people and vehicles for the full duration of developmental activities and this fence only be removed at the end of the development activities;

c. the area (including the buffer zone) should be clearly marked and annotated on all relevant maps and plans to ensure that the midden is not inadvertently disturbed or destroyed during the course of future maintenance or development works; and

d. no surface or subsurface disturbance shall occur in the site protection area unless formally approved by the Department of Environment, Climate Change and Water (DECCW).

Performance Objective

Development Standard

3.4.2 Development of the site shall acknowledge and conserve items of environmental heritage.

Aboriginal Relics a. To ensure that Aboriginal burials are not

accidentally uncovered, both the Kempsey LALC and Figtree Aboriginal Community representatives shall be engaged to monitor all initial earthworks associated with future development, including any necessary vegetation clearance.

b. A scarred tree of possible Aboriginal origin has been recorded approximately 6.5 m south of the southern study boundary, near Buchanan Drive. In order to avoid disturbance of or damage to this tree, it is recommended that no vegetation clearance or other development activities be undertaken south of the southern boundary of Lot 233.

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c. Every effort shall be made to retain as much of the existing vegetation as possible including Aboriginal food and medicinal plant species.

d. Development proponents must liaise directly with the Figtree Aboriginal Community with the objective of developing an acceptable landscaping strategy that will mitigate any adverse effects of site development on the present lifestyle and amenity of Figtree residents. This strategy may include the planting of screening trees along the northern boundary of the Figtree Estate and shall be submitted with any application for development.

Performance Objective

Development Standard

3.4.3 Development of the site shall acknowledge and conserve items of environmental heritage.

Prior to the commencement of any vegetation clearing or construction activities associated with development of the site, it is recommended that all construction contractors and their employees be advised of their legal obligations with regard to Aboriginal cultural materials. This advice should be given in writing and a copy forwarded to DECC Northern Aboriginal Heritage Unit (Coffs Harbour) for its records. Should any material evidence thought to be of Aboriginal origin be discovered or exposed during any stage of the development, work must cease in that locality. DECCW, Kempsey LALC and the Figtree Estate Community should be contacted for management advice and clearance given by these organisations before work resumes in the subject area.

Performance Objective

Development Standard

3.4.4 The Old School Building Development of the site shall acknowledge and conserve items of environmental heritage.

Applications for development shall provide for retention of the Old School Building in its current location unless the consent authority is satisfied that the following criteria have been met: a. a report prepared by a structural engineer with

demonstrated experience in the conservation of heritage buildings is provided which demonstrates that relocation of the building is feasible; and

b. submission of a strategy prepared by an experienced heritage architect providing for relocation and reproduction of any necessary elements of the old building using new materials and any salvageable materials from the existing building so that it remains publicly visible and accessible for interpretation.

Note: The preferred location for the old school building is in the vicinity of the Norfolk Island Pine trees, which are historically related to the building. This will ensure that the building remains publicly visible and accessible for interpretation.

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The strategy shall include a Heritage Interpretation Plan for the site which should: a. include a short history of the building with any early

photographs and/or plans; b. be located in a prominent position in order to

provide visitors to the building an understanding of its history and significance to the South West Rocks community;

c. suitable signage should be used to indicate the previous use of the building, its history and its significance to the Aboriginal community; and

d. Development proponents shall demonstrate to the satisfaction of the consent authority that they have engaged in meaningful consultation with the Figtree Aboriginal Community and Kinchela Boys Home Aboriginal Corporation with a view to reaching an agreement as to an appropriate location and use for the building.

If the building is to be relocated, restoration should ensure that any new fabric required to conserve it, be used in a manner that does not look like a completely new “replica” building. Any asbestos present in the building shall be removed and replaced with alternative material by an appropriately qualified contractor.

3.5 BUSHFIRE The subject site is mapped as Bushfire Prone Vegetation Category 1. However, vegetation studies and subsequent analysis demonstrate that the vegetation surrounding the site does not comply with the definition of Category 1 Bushfire Vegetation as defined by the NSW Rural Fire Service ‘Guideline for Bushfire Prone Land Mapping’. The vegetation present on the site and the adjacent lands does not pose a high bushfire hazard due to the nature of the vegetation (weedy) and/or the distance to nearest bush-fire prone vegetation (i.e. >100 m). Despite the slope of the site being, on average, 19 degrees, the vegetation is predominantly weedy and mesophyllus in nature where it connects with other similar vegetation to the north and south or, in the case of the scribbly gum forest, supports a fire front run of less than 50m. It can therefore be categorised as rainforest with regard to bushfire risk. Performance Objective Development Standard

3.5.1 To provide for the protection of human life and to minimise impacts on property from the threat of bushfire, while having regard to development potential, on-site amenity, scenic values and protection of the environment.

Development must comply with the provisions of Planning for Bushfire Protection, 2006.

Performance Objective Development Standard

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3.5.2 To provide for the protection of human life and to minimise impacts on property from the threat of bushfire, while having regard to development potential, on-site amenity, scenic values and protection of the environment.

A 10 metre wide APZ in a forested landscape cannot support both an inner and an outer protection zone. Therefore, the entire APZ must be treated as an inner protection zone. Fuel reduction activities would be required to ensure that: a. ground fuels (dead vegetation up to

6mm diameter) are removed regularly;

b. grass is kept short and green; c. tree canopies are pruned/removed

such that crowns are separated by two to five metres (including from the dwelling structures); and

d. shrubs and understorey is removed such that coverage of no more than 20% of the APZ area is achieved. Retained vegetation should be clumped into islands to maximize breaks in the understory layer.

Performance Objective Development Standard

3.5.3 APZ’s must be consistent with the zone objectives.

APZs must not be planned within areas zoned 7(d) (Scenic Protection Zone) due to the amount of vegetation removal required. Similarly, fire fighter access, provision of water, defendable space and other aspects of planning for bushfire protection must not be planned within areas retained for native vegetation due to the level of disturbance required to manage such facilities and infrastructure. The provisions of the Planning for Bushfire Protection 2006 must be incorporated within the 2(c) Residential Zone.

3.6 HYDROLOGY Council’s urban stormwater management plan requires “generally no increase in the 1 in 5 year and 1 in 100 year probability peak flows” (KSC, 2004:p14-1). Council’s Development Design Specifications for Stormwater Drainage Design (D5) states “the on-site drainage system is to be designed in such a way that the estimated peak flow rate from the site for the design average recurrence interval (ARI) of the receiving minor system is no greater than that which would be expected from the existing development” (KSC, 2001a:D5-1). The design ARI of the receiving minor system is 5 years for residential areas. Indicative detention requirements have been assessed for these criteria of not exceeding the 5 and 100 year ARI peak flow rates. However, there are cases where it is desirable not to provide detention or provide limited detention. An example is if a development site discharges directly into an estuary, such

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as the subject site, and the increase in peak flows from the site will not affect flooding elsewhere. This is based on the proviso that flows do not exceed the capacity of the downstream stormwater systems nor result in additional scour and instability of watercourses. The detention requirements for the site to meet the above criteria have been estimated based on Australian Rainfall and Runoff (1987) and Intensity-Frequency-Duration data contained in Council’s D5 specification. The calculations have assumed 50 per cent impervious area for the developed scenario and a minimum time of concentration of 5 minutes. As shown in the Table below, the detention requirements estimated for the 5 and 100 year ARI events are 15,000L and 28,000L respectively. These figures are not excessively large, which indicates that detention could be feasibly provided in the developed site with the use of water storage tanks or various forms of detention basins. More precise calculations are required at the Development Application phase to determine the precise detention volumes. Stormwater Flow Rate and Detention Volume Calculations

Runoff Coefficient C

Time of Concentration (mins)

Rainfall Intensity (mm/hour)

Catchment Area (m²)

Peak Flow Rate (L/s)

5 Year ARI Event

Existing 0.58 6.5 157 5,665 143

Developed 0.71 5.0 171 5,665 192

Detention Volume = (192 - 143)L/s x 5.0 minutes x 60 seconds/minute ≈ 15,000L

100 Year ARI Event

Existing 0.73 6.0 261 5,665 301

Developed 0.90 5.0 277 5,665 393

Detention Volume = (393 - 301)L/s x 5.0 minutes x 60 seconds/minute ≈ 28,000L

Performance Objective Development Standard

3.6.1 Development must be designed ensuring “stormwater runoff meets industry acceptable quality criteria”. Development must result in an overall improvement in runoff from the site compared to pre-development conditions.

On-site drainage systems are to be designed in such a way that the estimated peak flow rate from the site for the design average recurrence interval (ARI) of the receiving minor system is no greater than that which would be expected from the existing development.

Performance Objective Development Standard

3.6.2 Water sensitive urban design (WSUD) principles must be applied to any urban development.

All development must be consistent with Council’s urban stormwater management plan.

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Performance Objective Development Standard

3.6.3 Development must provide WSUD measures capable of achieving the treatment criteria similar to those listed in the Stormwater Flow Rate and Detention Volume Calculations table. The criteria are based on Council’s urban stormwater management plan and DECC’s stormwater guidelines (DECC, 2007). Council’s Development Design Specification for Erosion Control and Stormwater Management (D7) states the objective of ensuring “stormwater runoff meets industry acceptable quality criteria” (DECC, 2007:D7-1).

A Stormwater Management Plan must accompany any urban development and be consistent with this objective.

Performance Objective Development Standard

3.6.4 Development of the site is designed so as to minimise the impacts of flooding, including flooding of adjacent land, having regard to the expected effects of climate change.

Applications for development shall include a detailed flood study indicating that no adverse impacts on the proposed development or adjoining land will occur as a result of the development. The required flood study shall include an assessment of the effects of climate change, having regard to an expected 2100 sea level rise of 91cm.

Performance Objective Development Standard

3.6.5 Development within the site should be carried out in accordance with good hillside construction practices restricted to within the area marked as “Terrain A & C” on the upper slope and crest of the ridge and that earthworks are carried out in accordance with the appropriate methods. (See Figure 4)

Applications for development shall include a detailed geotechnical report prepared by a suitably qualified engineer, having regard to the recommendations in the geotechnical assessment contained in the Old School Site LES.

Advisory Notes: The criteria in the Stormwater Flow Rate and Detention Volume Calculations table are considered reasonable and can be readily achieved with the implementation of contemporary WSUD measures. The selection of the WSUD measures will be dependant on the specifics of proposed development layout and the location of the measures within the site. Indicative WSUD measures suitable to different applications and locations on the site are shown in the following illustration and include:

i. vegetated swales for the purpose of both flow conveyance and treatment. The use of swales will make use of the drainage capacity of the local soils which will assist in promoting infiltration;

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ii. bioretention basins with infiltration capacity to the soils. Bioretention basins remove finer particulates and associate contaminants and provide flow retardation for frequent storm events. Bioretention basins are particularly efficient at removing nutrients. The use of bioretention basins in the south-west corner will need to ensure that the watertable does not impact on the function of the basins. This will also need to consider future increases in the watertable level resulting from sea level rise (Note: ‘raingardens’ are the same as bioretention basins);

iii. rainwater tanks for detention of flows from roof drainage and potentially reuse (toilet flushing, laundry and outdoor use).

iv. reticulated recycled water is potentially available to this site to reduce water demands. Recycled water is available for outdoor use, toilet flushing and washing machines. Plumbing fixtures would require consideration as early as pre-DA consultation.

Stormwater Treatment - Quantitative Objectives

Pollutant Reduction Criteria from Council’s Guidelines 1

Reduction Criteria from DECC Draft Guidelines 2

Coarse Sediment 80% 85% (total suspended solids)

Fine Particles 50%

Total Phosphorus 45% 65%

Total Nitrogen 45% 45%

Gross Pollutants (> 5mm) 70% 90%

Hydrocarbons 90% -

Notes: 1. Council’s urban stormwater management plan (KSC, 2004). The percentage figures relate to the reduction required for the average annual pollutant load; 2. DECC , (2007). Managing urban stormwater: environmental targets. Consultation draft – October

2007. DECC targets are for reductions in the average annual load for medium-large scale developments (i.e. larger than a medium-high density development). For small-scale developments (e.g. individual dwellings or multi-unit developments) “reasonable” measures should be taken to reduce stormwater runoff and pollution (DECC, 2007:4).

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Figure 6: Stormwater Management – Indicative WSUD Measures

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3.7 TRAFFIC AND ACCESS Performance Objective Development Standard

3.7.1 To ensure that development does not adversely impact on traffic safety.

a. A “Give-Way” hold line 1 metre behind the Gregory Street kerb line in Landsborough Street is to be provided to minimise the encroachment of turning traffic from Landsborough Street on the “slipping through” traffic in Gregory Street.

b. “No-Stopping” parking restriction signage is to be installed on Gregory Street south of the incoming access point.

Performance Objective Development Standard

3.7.2 Development concepts within the site should improve pedestrian linkages within or adjacent to the site consistent with the Horseshoe Bay Plan of Management.

Access and linkage improvements from the town centre to the Back Creek reserve in accordance with the Horseshoe Bay Plan of Management which includes in its Strategy and Action Plan the following: a. Provide a stepped pedestrian link

down the vegetated embankment from Gregory Street (opposite Paragon Ave) to South West Rocks Creek foreshore. This will provide a visual and physical link to the creek from the town centre; and

b. Rationalise the roadway and parking facilities adjacent to SWR Creek near to the footbridge and wharf. Provide formalised car/trailer parking, turning area, reduced road width, pedestrian/cycleway. Use the concept plan that was incorporated in the Town Centre Masterplan as a basis for the overall road design.

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APPENDIX 1 Tree Schedule

TREE ID* REMOVE/RETAIN REASON

1 Ficus rubiginosa REMOVE Critical root zone (CRZ) defects/damage

2 Eucalyptus racemosa REMOVE CRZ defects/damage

3 Araucaria heterophylla REMOVE Low vigour / sever dieback / significant defects

4 Araucaria heterophylla RETAIN Monitor future health

5 Eucalyptus teriticornis REMOVE Undesirable as individual special due to growth habit / defects present

6 Eucalyptus teriticornis REMOVE CRZ defects/damage

7 Corymbia gummifera REMOVE CRZ defects/damage

8 Corymbia gummifera RETAIN Remove smilax vine from crown to reduce branch weight

9 Corymbia gummifera REMOVE / RETAIN May require removal for APZ clearing

10 Corymbia gummifera REMOVE / RETAIN May require removal for APZ clearing / defects present and obvious

11 Corymbia gummifera REMOVE / RETAIN May require removal for APZ clearing / defects present and obvious

12 Ficus rubiginosa REMOVE Location may be critical to future development footprint / defects present and obvious

13 Corymbia gummifera REMOVE May require removal for APZ clearing / defects present and obvious / crown bias to the east compromises aesthetics

14 Corymbia intermedia REMOVE Tree health poor / significant defects

15 Eucalyptus racemosa RETAIN Important contribution to tree group / requires crown clean

16 Lophostemon confertus RETAIN Only example of genus on site / requires crown clean

17 Ficus rubiginosa REMOVE Due to decay crown failures will continue / significant defects

18 Corymbia intermedia RETAIN Important contribution to tree group / crown clean required

19 Corymbia gummifera RETAIN Important contribution to tree group / crown clean required

20 Eucalyptus racemosa RETAIN Important contribution to tree group / crown clean required

21 Corymbia intermedia RETAIN Important contribution to tree group / crown clean required

22 Corymbia intermedia REMOVE / RETAIN May require removal for APZ clearing / defects present and obvious

23 Corymbia intermedia REMOVE / RETAIN May require removal for APZ clearing / defects present and obvious

24 Corymbia gummifera RETAIN Important contribution to tree group / crown clean required

25 Eucalyptus racemosa RETAIN Important contribution to tree group / crown clean required

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TREE ID* REMOVE/RETAIN REASON

26 Corymbia gummifera RETAIN Important contribution to tree group / crown clean required

27 Eucalyptus racemosa RETAIN Important contribution to tree group / crown clean required / significant defects

28 Eucalyptus racemosa RETAIN Important contribution to tree group and located in close proximity to the Aboriginal midden

29 Corymbia gummifera RETAIN Important contribution to tree group and located in close proximity to the Aboriginal midden

30 Corymbia gummifera RETAIN Important contribution to tree group and located in close proximity to the Aboriginal midden

31 Eucalyptus racemosa RETAIN Important contribution to tree group and located in close proximity to the Aboriginal midden

32 Corymbia gummifera RETAIN Important contribution to tree group and located in close proximity to the Aboriginal midden

33 Eucalyptus racemosa RETAIN Important contribution to tree group and located in close proximity to the Aboriginal midden

34 Eucalyptus racemosa RETAIN Important contribution to tree group

35 Corymbia gummifera RETAIN Important contribution to tree group

37 Corymbia intermedia RETAIN Important contribution to tree group

38 Corymbia intermedia RETAIN Important contribution to tree group

39 Banksia integrifolia REMOVE Tree unbalanced / defects present and obvious

*Tree locations – see diagram over. Note: Disturbance to the trees located within the scenic protection zoned land should be kept to a minimum to protect the ‘collective’ value of this group of trees.

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Figure 7: Tree Location Diagram