draft hawks nest development control plan

PLANNING & NATURAL SYSTEMS

ATTACHMENT D

DRAFT HAWKS NEST DEVELOPMENT CONTROL PLAN

STRATEGIC MEETING

13 JUNE 2018

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Draft Development Control Plan

Hawks Nest Village

Prepared by:

MidCoast Council

Breese Parade Forster NSW 2428

in partnership with:

City Plan Services Pty Ltd

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Contents 1 Application and effect ............................................................................................................................ 3

1.1 Land to which this plan applies................................................................................. 3

1.2 Link to Great Lakes Local Environmental Plan 2014 .......................................................... 3

2 Desired future character & site specific controls ..................................................................................... 5

2.1 Commercial Precinct ............................................................................................ 6

2.1.1 Commercial development ................................................................................ 8

2.1.2 Visitor experience and place activation.................................................................. 8

2.1.3 Car parking ................................................................................................. 8

2.1.4 Greenspace and urban Koala habitat .................................................................... 9

2.2 Village Precinct ................................................................................................. 10

2.2.1 Residential development ................................................................................ 10

2.2.2 E2 Environmental Conservation land ................................................................... 11

2.2.3 Greenspace and urban Koala habitat ................................................................... 11

2.3 Beachfront Precinct ......................................................................................... 13

2.3.1 Commercial development ............................................................................... 15

2.3.2 Visitor experience and place activation................................................................. 16

2.3.3 Greenspace and urban Koala habitat ................................................................... 16

3 General controls for all sites ................................................................................................................. 17

3.1 Environment and landscaping ................................................................................. 17

3.2 Removal of koala habitat and food trees .................................................................. 17

3.3 Fencing ....................................................................................................... 18

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1 Application and effect

1.1 Land to which this plan applies

These controls apply to the following land in Hawks Nest as shown in Figure 1: Hawks Nest Site Map.

1. Commercial Precinct

2. Village Precinct

3. Beachfront Precinct

1.2 Link to Great Lakes Local Environmental Plan 2014

Development should have regard for the objectives and provisions of the following land use zones:

Zone B1 Neighbourhood Centre

Zone B4 Mixed Use

Zone R3 Medium Density Residential

Zone E2 Environmental Conservation

Development should have specific regard for development standards in the following sections:

Clause 4.3 Height of Buildings

Clause 4.4 Floor Space Ratio

Clause 7.9 Protection of Wildlife Corridors

Clause 7.13 Active Street Frontages

Schedule 1 – Additional Permitted Uses: 8 Use of certain land bounded by Beach Road and

Booner, Margaret and Mirreen Streets, Hawks Nest.

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Figure 1: Hawks Nest Site Map

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2 Desired future character & site specific controls

The following sections of this DCP should be read in conjunction with this part:

3.1.2 Tea Gardens and Hawks Nest Additional Character Statements

3.1.2.2 Hawks Nest

3.3.3 Medium Density Residential Development (Village Precinct)

6.7.2.1 Coastal Towns and Centres Additional Controls – Tea Gardens and Hawks Nest

(Beachfront Precinct)

6.1.3 Coastal Town Concept Plans – Hawks Nest

In the event of any inconsistencies, the site specific provisions in this part shall prevail.

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2.1 Commercial Precinct

This section applies to the Commercial Precinct as shown in Figure 1: Hawks Nest Site Map.

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Figure 2: Hawks Nest Village Centre Concept Plan

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Character statement

The Commercial Precinct will continue to be the main focus area for new commercial development in

Hawks Nest. The concept plan for the Commercial Precinct is illustrated in Figure 2: Hawks Nest Village

Centre Concept Plan.

The Commercial Precinct will be an active and engaging place. Businesses will provide active and

attractive street frontages with opportunities for outdoor dining, popup shops, coffee carts, music and

art installations, markets and festivals encouraging residents and visitors to stay longer in the village

centre.

Businesses in this area will continue to cater for the day to day needs of permanent residents and visitors.

Development within the Commercial Precinct will generally be of two (2) to three (3) storeys. Business

and retail uses will occupy ground floor spaces, with opportunities for people to live above offices and

shops.

Preferred pedestrian connections as shown in Figure 2: Hawks Nest Village Centre Concept Plan will be

retained and embellished to offer convenient access between parking areas and shopfronts.

Green space and urban koala habitat in the Commercial Precinct will be protected and enhanced.

Objectives and controls

Proposed development within the Commercial Precinct must be consistent with the following

development objectives and controls:

2.1.1 Commercial development

Objectives

To encourage commercial development that is compatible with the low scale nature of the

locality.

To facilitate a broad range of commercial uses to cater for the day to day needs of permanent

residents and visitors.

To encourage the reuse of existing commercial buildings for business uses.

2.1.2 Visitor experience and place activation

Objectives

To promote activities which bring more people into the area to support local businesses.

To facilitate active street frontages.

2.1.3 Car parking

This part should be read in conjunction with Chapter 10 Car Parking, Access and Alternative and Active

Transport. In the event of any inconsistencies, the site specific provisions in this section shall prevail.

Objectives

To ensure that adequate car parking is available for any development.

To enable development to utilise existing car parking in the area.

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Controls

The use of an existing, or replacement commercial building of the same size, will not require

additional car parking spaces to be provided.

2.1.4 Greenspace and urban Koala habitat

Objectives

To protect and enhance existing Koala habitat and movement corridors within the locality.

To ensure that development does not result in the loss of existing koala habitat or food trees.

To ensure that development does not adversely affect the movement of koalas through the area.

Controls

Any development in the Commercial Precinct should include landscaping, to Council’s

satisfaction, with trees and specimen shrubs of ecological value to the local Koala population in

appropriate tree guards with root barriers installed. Details of proposed plantings should be

submitted with any development application.

Future development must be designed to preserve, and if possible enhance, existing landscaping

within the traffic island off Booner Street.

Any loss of Koala habitat or food trees as part of a development approval will require strategic

compensatory replanting and maintenance of satisfactory numbers and types of koala food and

habitat trees in the wider Hawks Nest area at a ratio determined by MidCoast Council.

Compensatory replating may also be required in accordance with those areas marked ‘proposed

new plantings’ as shown in Figure 2: Hawks Nest Village Centre Concept Plan.

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2.2 Village Precinct

This section applies to the Village Precinct as shown in Figure 1: Hawks Nest Site Map.

Character statement

The Village Precinct will provide for medium density residential development intermingled with areas of

environmental conservation. The plan for development within the Village Precinct is illustrated in Figure

2: Hawks Nest Village Centre Concept Plan.

Development in this location is to be of high quality design and in keeping with the low scale ‘bushy’

character of Hawks Nest. A variety of housing choice will provide opportunities to grow the permanent

population and increase patronage to businesses in the adjacent Commercial Precinct.

Urban greenspace in the Village Precinct will offer attractive areas for permanent residents and visitors to

relax and socialise while also acting to sustain the Hawks Nest and Tea Gardens Endangered Koala

Population.


Proposed development within the Village Precinct must be consistent with the following development

objectives and controls. If a development application is seeking a departure from the development and

design controls contained within any part of this DCP it must demonstrate:

That the nominated development and design controls are unreasonable or unnecessary in the

circumstances of the case.

How the proposed alternative solution or design approach will deliver an outcome that is

consistent with the relevant element objectives and with the desired future character.

2.2.1 Residential development

Development in this location is to be consistent with the relevant section of Chapter 6 Residential

Apartment Buildings, Mixed Use Development and Business Premises.

Objectives

To provide for high quality residential development to grow the permanent population of Hawks

Nest.

To ensure development has regard for the low scale ‘bushy’ character of Hawks Nest.

Controls:

Where tree removal is unavoidable, and is approved in in association with any development

application, offset replanting should occur at the following ratios:

o 2:1 for non‐preferred koala habitat trees

o 4:1 for preferred koala habitat trees

Replating in association with any approved tree removal should enhance those areas identified

for ‘Proposed new plantings’ in Figure 2: Hawks Nest Village Centre Concept Plan.

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2.2.2 E2 Environmental Conservation land

Objectives

To protect and enhance the land zoned E2 Environmental Conservation.

To minimise fragmentation of the land zoned E2 Environmental Conservation.

To ensure the land zoned E2 Environmental Conservation is effectively managed into the future.

To consolidate the land zoned E2 Environmental Conservation.

Controls:

A mechanism satisfactory to Council is to be established for the effective management of the

land zoned E2 Environmental Conservation.

Councils preferred mechanism for the ongoing management of the land zoned E2 Environmental

Conservation is through either Land Dedication or Community Title subdivision.

If the land zoned E2 Environmental Conservation is not to be subdivided by one of these

mechanisms, full details of how the E2 Environmental Conservation land will be effectively

managed into the long term are to be submitted with the development application.

Any management regime for the land zoned E2 Environmental Conservation is to address the

following issues:

- proactive and strategic urban tree preservation and management;

- management of companion animals;

- management of noxious and invasive environmental weeds;

- ecological management;

- pollution control and stormwater management;

- the provision of community access facilities (walking paths, seating, etc.);

- mechanisms by which residents may manage, use and enjoy environmentally sensitive

lands without detrimentally affecting greenspace and urban biodiversity;

- landscape/amenity management.

Any development application that contains land zoned E2 Environmental Conservation on the

same allotment should, if at all possible:

- Ensure the land zoned E2 Environmental Conservation is subdivided and contained within

a single lot; and

- Be consolidated with any adjoining areas of E2 Environmental Conservation land in the

same ownership.


The location of Koala habitat and greenspace corridors along with proposed locations for additional tree

plantings in the Village Precinct is shown in Figure 2: Hawks Nest Village Centre Concept Plan.

Objectives

To protect and enhance existing greenspace and urban Koala habitat.

To achieve a net increase in greenspace and urban Koala habitat.

To ensure the effective management of green space and urban Koala habitat.

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Controls

For all new development or subdivision, specific details should be provided that demonstrates

consistency with Figure 2: Hawks Nest Village Centre Concept Plan. This includes details of tree

retention and coordinated/ strategic tree planting.

New tree plantings will be required on the verges and front building setbacks of lots on Yamba

Street and Booner Street.

For any new development or subdivision, complete and accurate details are to be provided on

urban Koala habitat and greenspace management.

The following roadkill reduction measures should be incorporated into Yamba Street and Booner

Street along with any internal roads or lanes proposed to minimise the risk of harm to Koalas:

- low speed design (of less than 40km/h) and traffic slowing/calming structures (chicanes,

speed humps, signage, narrowing, etc); and

- suitable roadside lighting and a narrow clear immediate road verge to assist wildlife

visibility to road users.

In locations where proposed residential development abuts land zoned E2 Environmental

Conservation; measures shall be put in place to preclude the introduction of or the keeping of any

dogs or cats (other than “assistance animals” as defined by the Companion Animals Act 1998 and

Commonwealth Disability Discrimination Act 1992). Details of how this is to be achieved must be

submitted with the development application.

Urban Koala habitat will be protected and enhanced through appropriate landscaping within

development lots and along existing streets.

Development and structures adjoining any land zoned E2 Environmental Conservation shall be

located in a manner that protects the integrity and function of the E2 Environmental

Conservation zone and provides adequate protection of existing native trees and areas of

landscaping and environmental plantings. In this respect, such development or structures shall

not have unacceptable impacts on native trees, their tree protection zones (and structural root

zones) and their trunks and canopies.

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2.3 Beachfront Precinct

This section applies to the Beachfront Precinct as shown in Figure 1: Hawks Nest Site Map.

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Figure 3: Beachfront Precinct Concept Plan.

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Character statement

The Beachfront Precinct is intended to offer residents and visitors a vibrant beachfront experience. The

concept for future development in the Beachfront Precinct is illustrated in Figure 3: Beachfront Precinct

Concept Plan.

The Beachfront Precinct will retain its residential character. This area will be the preferred location for

residential development catering for short stay visitors, as well as weekend or seasonal residents.

The Beachfront Precinct will provide for small scale commercial opportunities including outdoor and

destination based activities. The range of retail on offer will encourage visitors to linger, such as cafes,

takeaways and restaurants, artisan shops and galleries, boutique clothing shops, and recreational

equipment hire facilities.

Commercial development in this location will complement, rather than compete with commercial

development in the existing Commercial Precinct.

Active street frontages throughout the Beachfront Precinct will be created. The preferred location for

outdoor dining is at the intersection of Booner Street and Bennet Street, near existing tourist facilities.

Other temporary uses, such as festivals, markets, and music/art installations, may be accommodated in

existing parklands, and will respect the predominantly residential nature of the area.

Pedestrians will be prioritised. Continuous footpath connections should be maintained throughout the

precinct where possible. The existing mid‐block pedestrian connections between Russell Street and

Bennett Street, utilising the existing private car parks, should also be retained. Creating a new mid‐block

pedestrian connection between Bennet Street and Beach Road would improve permeability. An indicative

alignment for this new connection, taking advantage of an existing dual‐frontage lot, is shown in Figure 3:

Beachfront Precinct Concept Plan however alternative alignments will be considered.

Retention of trees should be a priority, and tree replanting should occur in conjunction with any

development at the rear of lots, associated with private open space and car‐parking, and along pedestrian

connections.

Off‐street parking for overnight visitors will be encouraged to locate at the rear of lots, where access

permits and there is minimal ecological impact.


Proposed development within the Beachfront Precinct must be consistent with the following

development objectives and controls:

2.3.1 Commercial development

Objectives

To ensure the predominately residential nature of the Beachfront Precinct is maintained.

To ensure commercial development does not impact on the amenity of the area.

To encourage a range of low‐scale commercial developments to service the recreational and

boutique needs of permanent residents and visitors.

To ensure that commercial development in this area will complement, rather than compete with

commercial development in the Commercial Precinct.

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Controls

The total gross floor area of any business premises in this area should not exceed 120m².

Where the total gross floor area of a proposed business premises is in excess of 120m² applicants

must demonstrate how the development will not unreasonably compete with business premises

in the Commercial Precinct.

Shops and reception areas for commercial uses should be located on the ground floor of

buildings.

2.3.2 Visitor experience and place activation

Objective

To promote activities which bring more people into the area.


Objectives

To protect and enhance existing greenspace and urban Koala habitat and food resources.

To achieve a net increase in suitable Koala habitat resources.

Controls

For any new development or subdivision, complete and accurate details are to be provided on

urban Koala habitat and greenspace management.

For any development loss of native trees is to be minimised through detailed design.

Where the removal of native trees is unavoidable off‐site offsetting with suitable species would

be considered. Details are to be submitted with each development application.

New tree plantings will be required on the verges and front setbacks for new development along

with at the rear of lots.

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3 General controls for all sites

This part applies to development in the Commercial, Village and Beachfront Precincts.

3.1 Environment and landscaping

Hawks Nest contains important urban greenspace that contributes to the amenity and social and

economic well‐being of the community. Trees in the urban landscape sustain the Hawks Nest and Tea

Gardens Endangered Koala Population and provide for movement, feeding, refuge, breeding and

dispersal. The proactive management of urban greenspace is an important strategic consideration.

The following sections should be read in conjunction with this part:

Chapter 12 Tree and Vegetation Preservation and Chapter 13 Landscaping and Open Space.

In the event of any inconsistencies, the controls in this section shall prevail.

Objective

To ensure that all landscaping is compatible with the ecological characteristics of the area.

Control

Landscaping provided with any new development should use locally endemic koala preferred

species to strengthen the integrity of existing Koala corridors*.

*A list of Koala preferred species is provided in Chapter 12 Section 9 Table 1: Identified species of Koala habitat and food trees in

Hawks Nest and Tea Gardens.

3.2 Removal of koala habitat and food trees

Council does not support the removal of koala habitat food and trees and requires that trees on

development sites are demonstratively managed using a "avoid ‐ mitigate ‐ compensate" decision‐

hierarchy.

Avoidance means avoiding direct and associated harm to trees and their root zones. Mitigate means

reducing or alleviating harm to or loss of trees using targeted actions such as arboriculture pruning, root

zone treatments, building design, etc. Compensating means the provision of a satisfactory number of

suitably‐advanced offset plantings and the maintenance and management of such.

Objective

To ensure that development does not negatively impact upon koala movement corridors or food

resources.

To ensure that all revegetation and future planting is compatible with the ecological character of

the area.

Control

Trees which have been approved for removal as part of a development application must be

adequately compensated through new plantings of sufficient quantities of suitable species.

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Any replating’s should use locally endemic koala preferred species to strengthen the integrity of

existing Koala corridors.

3.3 Fencing

The following sections should be read in conjunction with this part:

5.9 Fencing and walls (Hawks Nest and Seal Rocks – Additional Site Specific Controls

6.2.6 Fences

In the event of any inconsistencies, the site specific provisions in this section shall prevail.

Fencing is not encouraged in Hawks Nest. Where fencing is required for privacy or security reasons

fencing should be consistent with the following development objectives and controls.

Objective

To ensure that fencing does not adversely affect the movement of koalas through the area.

Controls

Fencing should be designed and located to avoid or minimise loss of or damage to trees; and

Fencing should be made of timber (ie. lapped and capped fencing);

If timber fencing is not used, then the fencing must:

- provide a gap of 0.3 metres (high) x 1.0 metres (wide) between the existing ground and the

bottom of the fence for every 10 metre length of fencing, except where the fencing is

associated with a swimming pool, or

- provide koala climbing poles, installed adjacent to the fence at 10m intervals, except where

the fencing is associated with a swimming pool .

Details of how this is to be achieved must be shown in the Landscape Plan submitted with the

development application.

draft hawks nest development control plan

Documents