STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION

ARTISAN FOOD AND DRINK INDUSTRY

PREPARED FOR:

MAD HATTER BEVERAGE CO PTV LTD

JANUARY 2020

STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PTY LTD Premise Report Title:

Project:

Client:

Report Ref.:

Status:

Issued:

Statement of Environmental Effects

IN SUPPORT OF A DEVELOPMENT APPL/CATION

Mad Hatter Beverage Co Pty Ltd Cl- Edward Hattersley

220005_SEE_0 7 D.docx

Final

71 January 2020

Premise Australia Pty Ltd (Premise) and the authors responsible for the preparation and compilation of this report declare that we do not have, nor expect to have a beneficial interest in the study area of this project and will not benefit from any of the recommendations outlined in this report.

The preparation of this report has been in accordance with the project brief provided by the client and has relied upon the information, data and results provided or collected from the sources and under the conditions outlined in the report.

All maps, plans, and cadastral information contained within this report are prepared for the exclusive use of Mad Hatter Beverage Co Pty Ltd to accompany this report for the land described herein and are not to be used for any other purpose or by any other person or entity. No reliance should be placed on the information contained in this report for any purposes apart from those stated therein.

Premise accepts no responsibility for any loss, damage suffered or inconveniences arising from, any person or entity using the plans or information in this study for purposes other than those stated above.

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PIV LTD Premise

TABLE OF CONTENTS

1. INTRODUCTION 1 1.1 BACKGROUND 1 1.2 SCOPE OF THIS REPORT 1

2. THE SITE & ITS LOCAUTY 1 2.1 THESITE 1 2.2 THE LOCALITY 2

3. THE DEVELOPMENT 2 3.1 DEVELOPMENT DESCRIPTION 2

4. STATUTORY PLANNING FRAMEWORK 3 4.1 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 3

4.1.1 AIMS & OBJECTIVES 3 4.1.2 SECTION 1.7 3 4.1.3 SUBORDINATE LEGISLATION 4 4.1.4 INTEGRATED DEVELOPMENT 4

4.2 ENVIRONMENTAL PLANNING INSTRUMENTS 4

4.2.1 ORANGE LOCAL ENVIRONMENTAL PLAN 2011 4 4.2.2 STATE ENVIRONMENTAL PLANNING POLICY 7 4.2.3 ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATIONS 2000........... 8 4.2.4 DEEMED ENVIRONMENTAL PLANNING INSTRUMENTS 8

4.3 DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS 9 4.4 DEVELOPMENT CONTROL PLANS 9

5. IMPACTS 12 5.1 INTRODUCTION 12 5.2 CONTEXT AND SETTING 12 5.3 ACCESS, TRANSPORT AND TRAFFIC 12 5.4 PUBLIC DOMAIN 14 5.5 SERVICING 14 5.6 HERITAGE 14 5.7 OTHER LAND RESOURCES 14 5.8 WATER 15 5.9 SOILS 15 5.10 AIR AND MICROCLIMATE 16 5.11 FLORAANDFAUNA 16 5.12 WASTE 16

5.12.1 SOLIDWASTE 16 5.12.2 PRODUCE WASTE 16 5.12.3 WASTEWATER : .. 17 5.12.4 EFFLUENT DISPOSAL 17

5.13 STORMWATER 17 5.14 ENERGY 17 5.15 NOISE & VIBRATION 17

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PI LTD Premise

5.16 NATURAL HAZARDS 18 5.17 TECH NO LOGICAL HAZARDS 18 5.18 SAFETY, SECURITY AND CRIME PREVENTION 18 5.19 SOCIAL IMPACT 18 5.20 ECONOMIC IMPACT 18 5.21 SITE DESIGN AND INTERNAL DESIGN 19 5.22 CONSTRUCTION IMPACTS 19 5.23 CUMULATIVEIMPACTS 19

6. CONCLUSION 19

6.1 SUITABILITY OF THE SITE 19 6.2 CONCLUSION 20

7. REFERENCES 20

DRAWINGS

Mad Hatter Drawing Set 1 - DA0000 - DA0003

TABLES

Table 4.1 - Section 1.7 4 Table 4.2-LEP Mapping Review 5 Table 4.1- Orange Development Control Plan 2004 assessment... 9 Table 5.1- Development Control Plan parking requirements 13

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PTY LTD Premise

1. INTRODUCTION

1.1 BACKGROUND

Premise has been commissioned Mad Hatter Beverage Co Pty Ltd to prepare a Statement of Environmental Effects (SEE) to accompany a Development Application (DA) for the change of use at 137 -139 Peisley Street Orange, Lot 1 DP779074. The current consent applying to the land is understood to be for a vehicle repair station (windscreen repair) and associated advertising signage, with the most recent known use being a second-hand furniture shop (warehouse). It is understood the windscreen repair business operated in conjunction with the second-hand business for a short term period before ceasing.

It is proposed to change the use of the building to an Artisan Food and Drink Industry.

1.2 SCOPE OF THIS REPORT

This SEE has been prepared pursuant to Clause 50 and Part 1 of Schedule 1 of the Environmental Planning and Assessment Regulation 2000 and is provided in the following format.

• Section 2 of this report provides a description of the subject site and its locality.

• Section 3 outlines the proposed development.

• Section 4 details the planning framework applicable to the subject site and proposed development.

• Section 5 identifies the impacts of the proposed development.

• Section 6 provides a conclusion to the SEE.

2. THE SITE & ITS LOCALITY

2.1 THE SITE

The site is located within the Orange CBD on the western side of Peisley Street, opposite the Orange Railway Station. The current arrangement of the site includes a shop fronting the street, and a freestanding building to the rear of the site, including areas for car parking. The building to the rear of the site is the subject to this Development Application.

The site is bounded by the heritage listed Great Western Hotel and the Quest Apartments to the north, and commercial retail and services to the south and west.

The site has an approximate area of 1300 square metres. Approximately 380 square metres of the site is allocated to the business to the front of the site and is not subject to this Development Application. The size of the subject building is approximately 300 square metres

The site is zoned as B3- Commercial Core, however the proposed use is classified as a light industry, specifically an artisan food and drink industry.

Discussion with previous landowners have indicated that the site has been used as an auction house and retail space for over 40 years. The most recent development consent associated with the site is for a vehicle repair station and associated advertising signage, approved on 01/11/2001. This consent was

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PIY LTD Premise used specifically as a windscreen repairs and replacement for a short period of time which resulted in no residual contamination. Whilst still being used as an auction house, part of site was used for windscreen repairs for 6 months. No mechanical work other than windscreen replacement was carried out on the site.

2.2 THE LOCALITY

The site is located within the Orange CBD, 300 metres from the Summer Street/Peisley Street intersection.

The surrounding area has a commercial character. Rail infrastructure neighbours the site to the east with residential and recreational zoned land further afield.

3. THE DEVELOPMENT

3.1 DEVELOPMENT DESCRIPTION

The development proposed the change of use from an existing warehouse to an artisan food and drink industry. The site will be feature various components as follows:

• Equipment to distil and package drink products to operate 8.00am-5.00pm Monday to Friday;

• A bar area to be opened for tasting on Friday to Sunday 11.00am-1 0.00pm, serving the artisan product, along with other food and drink;

• A licensed mobile food vender is located onsite during the hours that the bar is operational (11.00am-1 0.00pm Friday to Sunday).

Tables, chairs and stools will be moved aside during the brewing and distilling process in order to create suitable space for the manoeuvring of equipment and associated operations. The tables, chairs and stools will be located in a similar fashion as shown in the attached Drawings.

Existing amenities are provided to the rear of the building located to the front of the site, with an accessible toilet to be installed and to be connected to the existing sewer line.

Parking will be provided on site and will be further discussed in Section 5.3.

Signage is proposed for with the development, fundamentally replacing the signage of the previous occupant. The signage locations, size and types are consistent with the existing signage located on the site.

An above ground water tank is proposed as part of the development. This tank would be used to hold potable water for use in the development. Potable water would be delivered to the site via a licensed water carter, Section 5.8 discusses this matter further.

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PIY LTD Premise 4. STATUTORY PLANNING FRAMEWORK

4.1 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

4.1.1 AIMS & OBJECTIVES

In New South Wales (NSW), the relevant planning legislation is the Environmental Planning and Assessment Act 1979 (EP&A Act). The EP&A Act instituted a system of environmental planning and assessment in NSW and is administered by the Department of Planning & Environment (DP&E). In 2017, the Act was amended to provide a range of updated objects. The objects of the EP&A Act are:

(a) to promote the social and economic welfare of the community and a better environment by the proper management development and conservation of the State's natural and other resources,

(b) to facilitate ecologically sustainable development by integrating relevant economic, environmental and social considerations in decision-making about environmental planning and assessment

(c) to promote the orderly and economic use and development of land,

(d) to promote the delivery and maintenance of affordable housing,

(e) to protect the environment including the conservation of threatened and other species of native animals and plants, ecological communities and their habitats,

(f) to promote the sustainable management of built and cultural heritage (including Aboriginal cultural heritage)

(g) to promote good design and amenity of the built environment

(h) to promote the proper construction and maintenance of buildings, including the protection of the health and safety of their occupants,

(i) to promote the sharing of the responsibility for environmental planning and assessment between the different levels of government in the State,

(j) to provide increased opportunity for community participation in environmental planning and assessment

The proposed development is not considered to be antipathetic to the above objects by:

• Utilising an existing space and thereby conserving resources to ensure the development is sustainable whilst simultaneously allowing for the growth of a local business within Orange;

• Engaging in various sustainability practices associated with its operation;

• Enhancing existing commercial land to increase local employment;

• Providing a service that will meet the needs of the local community, workers and visitors;

• Providing a use that is accessible via alternative forms of transport such as walking, cycling and public transport; and

• Enhancing the quality of life for workers and residents in the local area by providing a land use that is unique to the local area and offers an entertainment function associated with wine tastings, cocktail tastings, beer tastings.

4.1.2 SECTION 1. 7

Section 1.7 of the EP&A Act requires consideration of Part 7 of the Biodiversity Conservation Act 2016 (BC Act). Part 7 of the BC Act relates to an obligation to determine whether a proposal is likely to

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PTY LTD Premise significantly affect threatened species. A development is considered to result in a significant impact in the following assessed circumstances:

Table 4.1- Section 1.7

Test (a) it is likely to significantly affect threatened species or The site is devoid of vegetation and no clearing of native ecological communities, or their habitats, according to the vegetation is proposed.

test in section 7.3, or

(b) the development exceeds the biodiversity offsets scheme threshold if the biodiversity offsets scheme applies to the impacts of the development on biodiversity values, or

As the site has a land area of less than 1 hectares, the relevant clearing area for the site is 0.25 hectares. No clearing of native vegetation is not proposed and therefore the threshold is not exceeded.

(c) it is carried out in a declared area of outstanding biodiversity value

The site is not a declared area of outstanding biodiversity value.

Source: Environmental Planning and Assessment Act 1979

4.1.3 SUBORDINATE LEGISLATION

The EP&A Act facilitates the preparation of subordinate legislation, consisting of:

• Environmental Planning Instruments (EPIs) (including State Environmental Planning Policies (SEPP), Local Environmental Plans (LEP), and deemed EP!s); and

• Development Control Plans (DCP).

In relation to the proposed development, the relevant subordinate legislation includes:

• State Environmental Planning Policy (Exempt and Complying Development Codes) 2008;

• State Environmental Planning Policy No 55-Remediation of Land

• Environmental Planning and Assessment Regulations 2000

• Orange Local Environmental Plan 2011; and

• Orange Development Control Plan 2004.

The requirements of these are discussed in the following sections.

4.1.4 INTEGRATED DEVELOPMENT

Section 4.46 of the EP&A Act states that development requiring consent and another activity approval is defined as Integrated Development. The proposed development is not classified as Integrated Development on the basis that no other consents or approvals as listed in relation to Section 4.46 are required to facilitate the development.

4.2 ENVIRONMENTAL PLANNING INSTRUMENTS

4.2.1 ORANGE LOCAL ENVIRONMENTAL PLAN 2011

4.2.1.1 Introduction

The site is located within the Orange Local Government Area (LGA) and the Orange Local Environmental Plan 2017 (LEP) is the appropriate environmental planning instrument applying to the site. The aims of the LEP are:

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PIY LTD Premise

(1) This Plan aims to make local environmental planning provisions for land in Orange in accordance with the relevant standard environmental planning instrument under section 33A of the Act.

(2) The particular aims of this Plan are as follows:

(a) To encourage development that complements and enhances the unique character of Orange as a major regional centre boasting a diverse economy and offering an attractive regional lifestyle,

(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Orange in a way that allows the needs of present and future generations to be met by implementing the principles of ecologically sustainable development,

(c) To conserve and enhance the water resources on which Orange depends, particularly water supply catchments,

(d) To manage rural land as an environmental resource that provides economic and social benefits for Orange,

(e) To provide a range of housing choices in planned urban and rural locations to meet population growth,

(f} To recognise and manage valued environmental heritage, landscape and scenic features of Orange.

Any proposed development of the site must give consideration to these aims.

On review the proposed development is not antipathetic to the above listed aims and is considered to be directly consistent with aims (a) and (b) on the basis that:

(a) The proposal provides for a unique development opportunity that enhances and supports the local economy; and

(b) That re-purposes an existing building for a unique new business, providing a new experience for locals and tourists and bolsters the local economy.

4.2.1.2 Mapping

A review of mapping associated with the LEP identifies a number of constraints to be considered in the development of the site, together with relevant clauses of the LEP that require consideration. These are set out in the following sections. LEP mapped constraints are identified as per Table 4.2.

Table 4.2 - LEP Mapping Review

Land Application Map

Land Zoning Map

Lot Size Map

Terrestrial Biodiversity Map, Watercourse Map, Groundwater Vulnerability Map

The site is identified as located within the No further discussion required Orange LGA

The site is zoned B3 - Urban Core Refer Section 4.2.1.3

No minimum lot size applies. No discussion required

The site is identified as groundwater vulnerable land

containing Refer Section 4.2.1.4

The site does not contain a sensitive No discussion required watercourse

Urban Release Area

The land does not contain land mapped as No discussion required containing sensitivity terrestrial biodiversity

The subject site is not mapped as being No discussion required located within an Urban Release Area (although noting the land to the north is so mapped)

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of Report Discussed

Heritage There are no mapped heritage items on the Refer Section 5.6 site but there are a number within the general vicinity of the site.

The above matters, together with relevant clauses within the LEP, are discussed in the following sections.

4.2.1.3 Zoning and Permissibility

The site is located within the B3 - Commercial Core and the proposal constitutes the change of use from an approved vehicle repair station and former warehouse to an artisan food and drink industry. An artisan food and drink industry is defined in the Orange LEP as:

Artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following-

(a) a retail area for the sale of the products,

(b) a restaurant or cafe,

(c) facilities for holding tastings, tours or workshops.

Artisan Food and Drink Industry is permitted to be undertaken with the consent of Council within the B3 - Commercial Core zone. An artisan food and drink industry is classified as a light industry under the Orange LEP:

Light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following

(a) high technology industry,

(b) home industry,

(c) artisan food and drink industry.

The proposal satisfies the definition of an artisan food and drink industry on the basis that the facility is used for the on-site production of craft drink products and contains facilities for the holding of tastings and workshops.

4.2.1.4 Other Matters

Other noted constraints applying to the site are identified as follows:

• Floor space ratio restriction of 2:1 applies to the site. This proposal does not involve an alteration to the existing floor space ratio. The proposed use is consistent with the approved FSR;

• A maximum building height of 16 metres applies to the site; no change to building height is proposed via this application and therefore further assessment of this matter is not required;

• The site is mapped as being located within an area of groundwater vulnerability; no change to the building footprint is proposed and therefore further assessment of this matter is not required. All effluent generated would discharge to sewer via a trade waste agreement to be arranged with Council;

• As previously noted, the site is mapped as being located within close proximity to a local heritage item (Great Western Hotel, Item 1230) and a state heritage item (Orange Railway Station, item 122), pursuant to Schedule 5 of the LEP; this is addressed in further detail in Section 5.6;

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PTY LTD Premise 4.2.2 STATE ENVIRONMENTAL PLANNING POLICY

4.2.2.1 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) aims to provide streamlined assessment processes for development that complies with specified development standards. This is done by:

(a) providing exempt and complying development codes that have State-wide application, and

(b) identifying, in the exempt development codes, types of development that are of minimal environmental impact that may be carried out without the need for development consent, and

(c) identifying, in the complying development codes, types of complying development that may be carried out in accordance with a complying development certificate as defined in the Act, and

(d) enabling the progressive extension of the types of development in this Policy, and

(e) providing transitional arrangements for the introduction of the State-wide codes, including the amendment of other environmental planning instruments.

Replacement of Identification Signs

The proposed development includes two (2) business identification signs to be located in an existing structure, replacing existing signage. Signage details are provided in Drawing DA0003. A second sign is to be located on the street front, replacing an existing sign.

The replacement of the existing business identification signs is considered to be exempt development as per Clause 2.96 of the Codes SEPP. The development standards for the replacement of identification signs are set out in Clause 2.97 and are reproduced below:

The standards specified for that development are that the development must­

(a) replace a lawful sign, and

(b) not be greater in size than the sign that it replaces, and

(c) not be a sign that is animated, flashing or illuminated, unless the sign it replaces is the subject of a development consent to be an illuminated sign, and

(d) not involve any alteration to the structure or vessel on which the sign is displayed, and

(e) not obstruct or interfere with traffic signs.

The proposed signs are replacing existing signs of the same size. The existing sign located on the far;:ade was an illuminated sign and the replacement sign would utilise these former illumination measures. No alterations to the structure are proposed and there are no traffic signs within the vicinity of the sign.

The second sign was a freestanding sign located on the fence at the street front of the property. The existing frame is in situ, a replacement sign is proposed to be attached to this frame.

The proposed signs satisfy the exempt standards of the Codes SEPP and is therefore are considered an exempt development.

4.2.2.2 State Environmental Planning Policy No 55-Remediation of Land

The site was known to operate as an auction house and retail space for over 40 years. Development consent indicates that the site had been previously used as a vehicle repair station, specifically for windscreen repair and replacement. The site was observed to be used as such for approximately 6 months during the early 2000's (consent was granted on 01/11/2001).

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PTY LTD Premise After this consent, the site has been used as an auction house and retail space. The nature of the previous uses of the site are considered to have resulted in no residual contamination.

The use of the site for a light industrial purpose is considered to be consistent with the nature of the former uses of the site (wholesale sales and non-contaminating repair purposes). The site features a concrete slab which provides an impermeable surface, effectively limiting interaction with any

A search of the NSW EPA contaminated land record was undertaken for contaminated sites within the Orange LGA on 15 January 2020. Two results were returned but neither site relates to the subject site.

The online List of NSW contaminated sites notified to EPA as of 74 January 2020 was searched for Orange. 11 sites were found in the Orange area, however none relate to the subject site.

On the basis of the above investigations Council be satisfied as to the obligations at Clause 7 of SEPP55 and that the development may proceed without the need for remediation.

4.2.3 ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATIONS 2000

Schedule 3 of the Environmental Planning and Assessment Regulations 2000 (Regulations) set out developments that are deemed to be designated. Clause 6 of schedule 3 Identifies breweries and distilleries to be designated developments.

Breweries or distilleries producing alcohol or alcoholic products-

(a) that have an intended production capacity of more than 30 tonnes per day or 10,000 tonnes per year, or

The Distillery/Winery/Brewery does not have an intended production capacity in excess of 30 tonnes a day or 10,000 tonnes per year. The Distillery/Winery/Brewery /Winery/Brewery will produce approximately half to 2 tonnes of alcohol per day (between 130 and 550 tonnes per year based on a 48 week year and 5.5 day week).

(b) that are located within 500 metres of a residential zone and are likely, in the opinion of the consent authority, to significantly affect the amenity of the neighbourhood by reason of odour, traffic or waste, or

The proposed Distillery/Winery/Brewery is located approximately 245m to the north east of the nearest residential zoned land. The site is located within an established commercial area and due to the scale of the proposed use, is not likely to affect the amenity of the neighbourhood with respect to odours, traffic or waste.

(c) that release effluent or sludge-

(i) in or within 100 metres of a natural waterbody or wetland, or

(Ii) in an area of high watertable, highly permeable soils or acid sulphate, sodic or saline soils.

The proposed distillery/brewery will not release effluent or sludge associated with the brewing process through the existing wastewater system for the site. Only very small volumes of by-product is produced as a result of the brewing process, estimated to be less than 10 kilograms per week. This waste would either be reused on site as mulch for garden beds or taken off site weekly by light vehicle for disposal at Council's waste facility.

On the above basis, the distance of the site from a waterway and the impermeability of the site, the application is not classified as designated development.

4.2.4 DEEMED ENVIRONMENTAL PLANNING INSTRUMENTS

No deemed environmental planning instruments are known to affect the site.

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No draft environmental planning instruments are known to affect the site.

4.4 DEVELOPMENT CONTROL PLANS

A review of the Orange Development Control Plan 2004 (DCP) identifies that the document has limited applicability for artisan food and drink industries such as that proposed via this application.

These matters, as relevant, are considered in Table 4.3.

Table 4.3 - Orange Development Control Plan 2004 assessment

Development Control Plan Assessment

Matter Central Buildings have a high level of The fa~ade will feature a Business urban design to contribute to the vibrant colour scheme, with District regional status of the City's signage reflecting the use.

Central Business District with Materials will be updated to ✓

attention given to fa~ade features, provide fire protection within 3 external materials, colour and metres of the boundaries. advertising. Changes are relatively minor in

the context of the site. Urban design demonstrates a This is achieved via the clear reference to the CBD redevelopment of the site to ✓Strategic Action Plan. which this development

contributes. Provision of adequate fire-safety A secondary exit is provided measures and facilities for for the purpose of an disabled persons (according to emergency exit. Exterior walls the BCA) are addressed at the within 3 of the boundaries are application stage (relevant for all proposed to be cladded with ✓

development but particularly fire resistant materials. important where converting Accessible amenities are to be residential buildings for business provided. use). Land use complements the role of This is achieved the CBD as a regional centre for ✓

commerce and services. The reinstatement of verandahs Not proposed or achievable in on posts over footpaths is the context of the proposed N/A encoura ed. buildin Car parking is provided to meet Discussed in Section 5.3 demand either as on-site parking areas or through contributions ✓

towards public parking in and adiacent to the CBD. Advertising comprise business Changes to existing signage identification signs in accordance are exempt and therefore a N/A with SEPP 64

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SEPP64 assessment is not re uired.

Loading areas are provided for developments requiring access by large trucks in a manner that doesn't reduce active frontages for important pedestrian athwa s.

Stock is to be delivered by light vehicle during industrial operating hours; sufficient space is provided for entry, manoeuvring and exit of such vehicles in a forward direction.

✓

Where possible, new buildings or external alterations in the CBD include an element of landscaping.

No new buildings or alterations proposed that justify the addition of landscaping. The site is well setback from the street.

N/A

Parking Parking to be supplied in accordance with Chapter 15 of the Develo ment Control Plan

Refer Section 5.3Error! Reference source not found. ✓

Industrial Site Development

Buildings are set back a minimum of 10 metres from front boundaries (5 metres to a secondary boundary on a corner lot) for lots greater than 1,000m2

or 5 metres for lots less than 1,000m2 or otherwise to a setback consistent with existing setbacks in established areas. A 10m setback applies to lots that have fronta e to Cler ate Road. 2 Buildings cover up to 50% of the site area (excluding the area of accessways for battleaxe lots).

The site is over 1,000m2 and has the subject building has an existing setback of approximately 48 metres. No change to this is proposed.

The established buildings located on site make up approximately 50% of the site area.

✓

✓

3 Landscaping is provided along boundaries fronting roads including trees with an expected mature height at least comparable to the height of buildings on the site. All sites contain an element of landscaping. Landscaping provided is of a bulk, scale and height relative to buildings nearest the front property boundary so as to provide beautification and visual relief to the built form proposed or existing on the site. The depth of the landscape bed at the site frontage is sufficient to accommodate the s read of

The area subject to this development is not located at the street front, therefore landscaping is not proposed as part of this application.

N/A

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plantings that meet the abovementioned outcomes but, where practicable, a minimum depth of 3.Sm is provided. Plantings are designed to provide shade for parking areas, to break up large areas of bitumen, to enhance building preservation and to screen a ainst noise. 4 Architectural features are provided to the front building fa~ade to provide relief using such elements as verandahs, display windows, indented walls, etc.

The facade of the building subject to this application is to the rear of the property and only partly visible from the street. The facade is made up of brickwork, cladding, windows and entryways. Improvements via this application assist with the aesthetic appearance of the buildin .

N/A

5 External materials consist of non reflective materials.

The existing and proposed materials are non reflective

✓

6 Adequate parking and on-site manoeuvrin is provided.

This is discussed in Section 5.3 ✓

7 Advertising involves business­ identification signs within the front fa~ade and/or by a pole sign comparable to the relative height to the main building on the site.

An existing sign frame is located on site. A replacement business identification sign is proposed. Further discussion is provided in Section 4.2.2.1

✓

8 Security fencing is located or designed in a manner that does not dominate the visual setting of the area.

Existing fencing is located on site. No change proposed.

N/A

Source: Orange Development Control Plan 2004

The host site is identified via Section 8.1 of the DCP as a tertiary street retail area. Section 8.1 suggests development within the CBD considers the following:

• Development addresses the street through use of fa<;ade treatments, with unifying elements consistent with the heritage traditions of Orange - the image of each building positively reflects on the traditional character of the City.

• Active frontages that encourage pedestrian amenity, including regular pedestrian entries to buildings, limited vehicle driveways across footpaths.

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• Variation in facades, including windows and pedestrian entries instead of blank facades to public areas.

As the siting of the tenancy is located to the rear of the site, largely behind an existing retail building, the design considerations of 8.1 are considered of limited relevance.

5. IMPACTS

5.1 INTRODUCTION

Pursuant to Schedule 1 of the EP&A Regulation, this section of the report outlines the environmental impacts of the proposed development and any measures required to protect the environment or lessen the harm to the environment.

The impacts have been identified through an assessment of the proposed development against the provisions of section 4.15(1)(b) and the former NSW Department of Urban Affairs and Planning's (nd) Guide to Section 79C.

5.2 CONTEXT AND SETTING

As mentioned in Section 2.1, the site is located within the Orange CBD. There are a number of heritage items within the vicinity of the site. These include the Great Western Hotel (1230) and the Orange Railway Station (including pedestrian bridge) (122). The current arrangement of the site includes a shop fronting the street, and a large shed to the rear, most recently used for sale of second-hand goods. The shed to the rear of the site is the subject to this Development Application.

The area is highly urbanised and any scenic qualities are provided by the character of the surrounding buildings. The subject building is located in such a way that it has limited impact on the character or amenity of the locality or streetscape. The subject building is smaller in scale (bulk, height, mass), set well back from the street and subordinate to neighbouring buildings.

The most recent approved use of the site was for a vehicle repair station (windscreen repairs) and associated signage. This use was approved in 2001 and is understood to have operated in conjunction with the use of the site as a retail premises (warehouse for second-hand goods sales) for a short period of time (around 6 months).

Adjoining land uses include a hotel, and retail premises, which includes a hardware and building supplies, and the Quest serviced apartments. Given the nature of the use and the proposed hours of operation, the proposed land use is considered to be compatible with the adjacent properties.

As there are no proposed changes to the built form (beyond minor works to provide adequate fire safety requirements), the development is considered to have negligible impacts on sunlight access, visual and acoustic privacy, views and vistas and boundary treatments and fencing of the neighbouring properties?

5.3 ACCESS, TRANSPORT AND TRAFFIC

The site is arranged with buildings at the eastern and western extents, with a sealed surface in between in use for parking and vehicle manoeuvring. This area would continue to be used for this purpose in the context of the proposed development.

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PTY LTD Premise Given the small scale of the proposed operation, traffic generation associated with the use would be expected to include staff vehicles, light vehicles associated with deliveries and collections and customer vehicles.

Traffic generation associated with the use of the site as a warehouse and use of the site for a vehicle repair centre would have been expected to generate volumes of 4-7 vehicles per hour (warehouse v's bulky goods retail as per the 2002 RTA Guide to Traffic Generating Development and approximately 15 vehicles per day for a repair centre (consistent with generation rates for road transport terminal and factories as per the 2002 RTA Guide).

The proposed use would continue to operate as a light industry and, as this is the primary use, traffic generation rates are considered to be consistent with the above.

From discussions with the applicant, the premises is not expected to receive a high volume of daily deliveries/pick-ups, with no more than two heavy rigid vehicles expected per day . The proposed furniture for the space is portable and will be relocated at the beginning of the week when deliveries are expected. On this basis, deliveries are proposed at the roller door entrance to the warehouse.

The operation of the site will be split between production and tasting, with production being the main use of the site. Production is proposed to take place between 8am and 5pm Monday to Friday, while tasting will occur Fridays to Sunday 11 am to 10 pm. As the production aspect of the land use being the majority use of the site and the proposed land use is classified as light industry under the Orange LEP, the parking arrangements would be calculated at a rate as outlined in the Orange DCP under industry development. Orange industry parking requirements are reproduced in Table 5.1.

There are no noted parking requirements for artisan food and drink industry. A pre-application meeting with Orange City Council staff on the 14 of August 2019 resulted in council acknowledging no specific requirements for the proposed land use and no recommendations for parking requirements.

T bl 5 1 D a e - eve opmen on ro an paring requirements TYPE OF DEVELOPMENT MINIMUM REQUIREMENTS

Industries and warehouses (Note: parking 1 space per 100m2 GFA or 1 space for every 2 requirements are the same for these uses to employees whichever is the greater. Employee

facilitate changes of use.) numbers are calculated on the proposed number to operate for the peak shift.

t C t I Pl ki t

Source: Orange Development Control Plan 2004

The GFA of the site as per the attached Drawings is 279m2, and the proposed peak number of employees is six staff members. By these numbers the parking requirement for the site is calculated to be 3 spaces.

Three parking spaces are provided at the northern extent of the trafficable area, with 3 spaces provided for short term parking in the laneway. Ample space is provided to accommodate traffic manoeuvring to allow vehicles to enter and exit the sit in a forward direction.

The site is capable of accommodating six parking spaces, as demonstrated via the Drawings.

As mentioned above, the site is proposed to operate in its industrial capacity during traditional business hours (8 am --5 pm}, where parking requirements for the site are met. The site's tasting operations would generally occur outside these hours, with the exception of Fridays from 11 am to 5 pm. There are no opportunities to construct extra parking and there is ample street parking provided outside business hours and could be used to supplement any potential parking deficiencies. Additionally, with current drink driving laws, it is uncommon for patrons to drive to and from an establishment that serves alcoholic beverages. The site is within close proximity to sustainable transport options such as walking, cycling and public transport.

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PTY LTD Premise The business operating to the front of the site is noted to utilise street parking. As a retail facility within the CBD, parking rates associated with the retail use are 4.1 spaces per 100m2. The shop has an internal area of approximately 70 square metres, generating on-site demand for three spaces.

This brings the total required off-site spaces to six spaces. As per the above discussion, six spaces are provided. It is further noted that the tasting component of the use would operate outside of core business hours, when the shop at the front would be expected to be closed. As such, there is additional capacity in relation to the tasting component of the use. No deficit in parking exists.

As indicated in the attached Drawings, vehicle manoeuvrability is supported by the proposed layout of the site. Vehicles used for delivery purposes are proposed to be single axle medium trucks. The approximate length of the vehicles used for water delivery would be 8 m. As deliveries would occur outside of core business hours

5.4 PUBLIC DOMAIN

The site is located to the rear of the site and is unlikely to impact the public domain.

5.5 SERVICING

Sewer services are provided on site and the appropriate connections are proposed for an accessible toilet and wastewater. Male and female amenities are existing on site.

Water services are discussed in Section 5.8.

Power is supplied to the site and would be augmented as required to support the development.

5.6 HERITAGE

The site is located in the vicinity of two (2) heritage items, the Great Western Hotel (1230) and the Orange Railway Station (including pedestrian bridge) (122). The Orange Railway Station is well distances and is unlikely to be impacted by the proposed activity.

The Great Western Hotel neighbours the subject site to the north. The proposed change of use is limited to the rear of the site and will not detract from the aesthetic of the heritage item or the overall aesthetic of the streetscape. The two sites share a boundary, there are no works proposed that could potentially impact this boundary line.

The proposal brings the building back into use and assists in revitalising the character and amenity of the locality. This assists to ensure that the function of the surrounding heritage buildings remains viable and is therefore positive.

The site is highly urbanised and is not expected to contain items of Aboriginal importance. Should any items of Aboriginal significance be found during the carrying out of the works proposed, work is to stop, and the appropriate agencies are to be notified as per council's conditions.

5.7 OTHER LAND RESOURCES

Being located in a highly urbanised area, the site is devoid of any possibility for agricultural use or extractive resources. The site is located outside the water supply catchment.

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE Co PTY LTD Premise 5.8 WATER

Discussions with the applicant have indicated that the subject building has no existing connections to a reticulated water system. The existing toilets that are to be used as part of the proposed land use are connected to Council's water supply at the front of the site.

The rationale for not extending the water service to the rear of the site is that the owner of the site has indicated to the applicant that they propose to redevelop the site in the next few years and therefore substantial investment in the building, such as upgraded services, would not be financially viable. The applicant is therefore forced to consider alternative approaches to ensure that an adequate supply of water is available.

It is therefore proposed that a 10,000 L water storage tank would be located on site and used as the water source for the business. Water will be purchased and delivered to the site as required and would meet the requirements of the NSW Department of Health Guidelines for Carting Water. Water would be collected from an authorised source by Deneal Transport Orange, a certified carter and delivered to the site for use in the brewing and distillation process, for consumption and other uses such as cleaning. Purchased water will be fed through a UV filtration and reverse osmosis system, a process that would further increase the quality of the water. Water would be delivered using a single axle medium truck or a water trailer with capacities of 10-12,000 Litre and 2,400 L respectively.

E stimations ave een provi e y t e applicant or t e anticipate water usac e on s1 e. . Frequency per +8

Usage Type Week Volume (L) Litres-·"-" Blending 3 150 1800

Cleaning of CIP Tank 2 100 800 General Bar Operations 3 100 300 Coffee Making 7 50 350 Cleaning 7 25 175 CIP Cask Machine 1 60 240 Total 3665

h b idrd b :h Ii f h d

As seen above the total estimated usage is 3,665 litres per month. This water will be sourced from a legal source (such as Council filling station) and would meet the requirements of the Australian Drinking Water Guidelines (ADWG)

The 10,000 L tank on site would ensure that 3-4 months of supply is available to the site.

5.9 SOILS

The site has previously been developed, with the surface being sealed in bitumen.

Minor excavations are proposed as part of the development to connect wastewater flows to the sewer line, and to the water connection. No other changes are required.

Appropriate sedimentation and erosion controls will be in place during excavations.

The site is not known to be contaminated.

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PIV LTD Premise 5.10 AIR AND MICROCLIMATE

The distilling process has potential to produce low levels of odour that would be contained within the Distillery/Winery/Brewery using all commercial professional equipment and processes. For optimum process conditions and the minimisation of product loss, the distilling process is a closed system with minimal chances of odours reaching the atmosphere. All tanks will be enclosed in an insulated enclosure to ensure emissions are minimal. The raw ingredients that will be used for the Distilling/Brewing process are dried grain and refined botanical products, and as such the odour of emissions are generally of a fruity nature.

The site is anticipated to experience negligible impacts to the air quality as it is located in the CBD of Orange where there are high levels of traffic emissions.

The proposed land use is not expected to reduce the air quality in the locality. The proposed industrial component would not produce significant or odorous emissions that would be likely to give rise to impacts to surrounding properties.

5.11 FLORA AND FAUNA

The site is located in a highly developed area of Orange and is devoid of native vegetation. A single established tree is located in a neighbouring lot (Lot 100 DP1257358) and is not expected to be impacted by the proposed development.

The boundary fence garden bed will be reinstated with three small ornamental pear trees to provide an element of privacy as well as an existing limestone garden bed being reinstated with native grasses. Apple bins will be utilised around the carpark filled with native grasses and olive trees to soften the space.

5.12 WASTE

5.12.1 SOLID WASTE

Industrial and commercial waste products would be appropriately stored on site until collection through Council or commercial services.

Products made onsite will be packaged in recyclable materials, minimising the waste caused by the end product.

5.12.2 PRODUCE WASTE

The waste streams are expected to be adequately managed through the implementation of a waste management plan. For the Proposed Development, all liquid waste is treated prior to discharge to sewer, with the exception of that captured in the waste collection tank downstream of the distillation process. This liquid may be reworked into the distillery in an attempt to recover useable product. Any residue flows to a tank where it is cooled and corrected for pH prior to discharge to sewer and would be subject to meeting Council's trade waste requirements.

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PTY LTD Premise 5.12.3 WASTEWATER

The subject building is not connected to a sewer system, a connection to the existing sewer line is proposed as part of this application. This proposed line would collect wastewater from sinks in the bar area, dishwashers and wastewater from the production process and feed it to the existing sewer line.

5.12.4 EFFLUENT DISPOSAL

Effluent will be connected to an existing sewer line that transects the site. The existing Male and Female amenities have previously been connected to the sewer line. An accessible toilet is proposed to be located in the vicinity of the existing toilets and connected to this line.

5.13 STORMWATER

An existing stormwater system is established on site and would continue to be used without necessary change.

5.14 ENERGY

The site is connected to existing power supply and will utilise this.

Expansive windows allow the building to be well lit with natural lighting. The building also boasts a large roller door and windows, and with the aid of existing ceiling fans, allow for suitable ventilation.

5.15 NOISE & VIBRATION

Noise generated by the land use will be negligible in comparison to the existing environment. The location of the building, nature of the use and hours of operation are not anticipated to impact the neighbouring land uses.

The expected noise levels generated by distilling equipment that is to be located within the building are as follow

• Chiller: 73 db at 3 metres;

• Tanks: 70 db at 1 metre.

The above noise levels have been compared to loud conversation by Safe Work Australia.

The manufacturing portion of the land use would occur between 8.00am and 5.00pm on weekdays, consistent with standard operation times of other businesses and services in the area. These hours are not sensitive to noise impact and the low levels of noise generated (all internal to the building) would not be anticipated to result in significant impact to the local noise environment, noting that a doubling a noise levels would be necessary to increase noise levels by 3 dB(A). The applicant has no objection to a condition of consent limiting noise generated to no more than 5 dB(A) above existing background levels.

Tasting and bar operations would occur between 11 pm and 10 pm from Fridays through to Sundays, consistent with the operational times of the neighbouring Great Western Hotel, which is noted to have approval to open until midnight. Noise generated on site is therefore considered to be consistent with the surrounding noise environment, noting the absence of residential land uses in the immediate vicinity.

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PTV LTD Premise 5.16 NATURAL HAZARDS

The site is not known to be prone to geological hazards, bush fires or flooding.

5.17 TECHNOLOGICAL HAZARDS

The land use does not pose a technological hazard. As part of this application, the cladding of the structure is proposed to be upgraded in order to provide an appropriate level of fire protection for the building and its occupants.

5.18 SAFETY, SECURITY AND CRIME PREVENTION

The guidelines prepared by the NSW Department of Urban Affairs and Planning (DUAP 2001) identify four (4) Crime Prevention Through Environmental Design (CPTED) principles to be considered in a Development Application to ensure developments do not create or exacerbate crime risk. The four key principles of the guidelines include surveillance, access control, territorial reinforcement, and space management.

The site design provides passive surveillance to the street. The site would ensure that access is available for users and would not feature any controls to limit access to specific times of day.

The boundaries are clearly delineated to ensure that a sense of ownership is expressed.

The space would be managed and maintained to ensure that it remains in a good state of repair and engenders respectful use and discourages anti-social behaviour.

5.19 SOCIAL IMPACT

As defined by the NSW Government Office on Social Policy, social impacts are significant events experienced by people as changes in one or more of the following are experienced:

• peoples' way of life (how they live, work or play and interact with one another on a day-to-day basis);

• their culture (shared beliefs, customs and values); or

• their community (its cohesion, stability, character, services and facilities).

The proposed change of use will have a positive social impact on the local community and tourism in Orange by reinvigorating a previously unused space while providing a unique social setting for Orange that will be the first of its kind in the local community.

5.20 ECONOMIC IMPACT

The proposed change of use will increase employment opportunities within Orange, not only with staff required for the manufacturing of the product, but also bar staff needed for tasting afternoons and evenings.

The change of use would also be one of the first Artisan Food and Drink Industry to be located within the CBD, and the first of its kind in Orange, providing positive support for the local tourism sector of the city.

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PTY LTD Premise 5.21 SITE DESIGN AND INTERNAL DESIGN

The proposed development would facilitate the proposed use of the site as an artisan food and drink industry. The proposal does not require any significant changes to the current appearance and layout of the site, has been designed to reflect the needs of the proposed use and is considered to be appropriate for the purpose.

The proposed location is well suited to the primarily industrial nature of the use but also provides a point of difference for providing retail/food and drink premises activities.

The proposed development includes improvements to the fire rating of the building in the form of recladding portions of the facade.

5.22 CONSTRUCTION IMPACTS

Given the relatively minor nature of the proposed works, construction impacts would be short-lived and manageable. The following standard construction management measures would be implemented to ensure impacts to the locality are minimised:

• Standard construction hours (7.00am to 6.00pm Monday to Friday and 8.00am to 1.00pm Saturday and at no times on Public holidays) would be implemented;

• Avoiding dust generating activities during windy and dry conditions; and

• Maintaining all equipment in good working condition such that the construction contractor and site manager ensure the prevention of the release of smoke by construction equipment, which would be in contravention of Section 124 of the Protection of the Environment Operations Act 7997and Clause 16 of the Protection of the Environment Operations (Clean Air) Regulation 2070.

5.23 CUMULATIVE IMPACTS It is not anticipated that the development would result in any cumulative impacts including:

• individual impacts so close in time that the effects of one are not dissipated before the next (time crowded effects);

• individual impacts so close in space that the effects overlap (space crowded effects);

• repetitive, often minor impacts eroding environmental conditions (nibbling effects); or

• different types of disturbances interacting to produce an effect which is greater or different than the sum of the separate effects (synergistic effects).

6. CONCLUSION

6.1 SUITABILITY OF THE SITE

The subject site is considered suitable for the proposed development for the following reasons:

• The proposed artisan food and drink industry use represents a use that is fitting with the character of the street;

• The proposed development would be of minimal impact to surrounding land uses due to the predominantly commercial nature of the proposed use;

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STATEMENT OF ENVIRONMENTAL EFFECTS IN SUPPORT OF A DEVELOPMENT APPLICATION MAD HATTER BEVERAGE CO PT LTD Premise • Any proposed signage would be designed and proposed to ensure it is appropriately scaled and

sited and would not lead to any unintended impacts to the locality or the surrounding traffic environment; and

• The proposed development would be conducted according to the mitigation measures set down at Section 5.22 and therefore the impacts of the development would be minimal.

6.2 CONCLUSION

The proposed development is for the change of use of an existing commercial use to an artisan food and drink industry to be located on land at 137 Peisley Street, Orange. The development would positively contribute to the vitality of the Orange CBD and would culinary scene and thereby provide positive impacts to the local economy.

The proposed development is not inconsistent with any planning legislation, including the Orange LEP, relevant SEPPs and Orange DCP 2004. Furthermore, the proposed development would not result in any adverse environmental, natural, social or economic impacts in the locality.

7. REFERENCES

Department of Urban Affairs and Planning (DUAP). nd, Guide to Section 19C, NSW Department of Urban Affairs and Planning, Sydney.

Department of Urban Affairs and Planning (DUAP). 2001, Crime Prevention and the Assessment of Development Applications: Guidelines under section 19C of the Environmental Planning and Assessment Act 1919, DUAP, Sydney.

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