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									Item:          D1
Subject:       Erection of a Shelter Over an Existing Concrete Slab : Lic.394236 Tarean Road, Karuah
Index:         DA43/2009 & PK35760
Author:        Assessment Planner : Michael Nicholas

DETAILS:

Date Received:          24 July 2008

Applicant:              Karuah Yacht Club

Owner:                  New South Wales Lands Department

Land:                   Lic: 394236, Tarean Road, Karuah

                        Area:          996.1m²
                        Prop Key:      35760
                        Zoning:        2 Village, GLLEP 1996

SUMMARY OF REPORT:
•   The applicant seeks approval to erect a 40.5m² shelter over an existing concrete slab.
•   The development is proposed to be used for shelter during the numerous group meetings held at the
    Karuah Motor Yacht Club.
•   In accordance with Council’s Notification Policy, the application was notified with one submission
    received objecting to the development. The issues raised are outlined in the report.
•   Compliance with planning legislation, plans, policies and guidelines.

SUMMARY OF RECOMMENDATION:
That the application be approved subject to appropriate conditions of consent.

FINANCIAL/RESOURCE IMPLICATIONS:
The applicant has the right to appeal against Council’s decision.

POLICY IMPLICATIONS:
Compliance with Council policies

LEGAL IMPLICATIONS:
The applicant has the right to appeal against Council’s decision.

LIST OF ANNEXURES:
“A” – Plans of the development.
                                              SUBJECT SITE




BACKGROUND
On 24 July 2008, Council received a development application to erect a shelter (awning) over an existing
concrete slab adjoining the Karuah Motor Yacht Club. Additional information was requested from the
applicant and received and the report is now presented to Council.

PROPOSAL
The applicant has applied to Council for consent to erect a shelter (awning) over an existing concrete slab on
Lic: 394236, Tarean Road, Karuah.

The shelter covers an area of 40.5m² and will be constructed of timber posts with a colourbond roof to match
the existing adjoining shed.
Plans of the development are contained in Annexure ‘A’. In support of the application, the applicant submits
the following information:-

     “In reply to your letter dated 22/09/2008 we wish to advise you that we are a family oriented social club
     that organises outings, social get-togethers and Community and Charity fund raising.

     1.    The present use of the site (Clubhouse) including the proposed shelter is to:

           •   Carry out regular meetings of members of the KMYC.
           •   Hold a monthly Committee meeting (11 persons on committee).
           •   Hold our AGM (July each year)
           •   We hold an annual Father’s Day afternoon, including BBQ & family events such as Coits,
               Thong Throwing competition, Colouring-in competition etc.
           •   Meetings held in the Clubhouse by Northern Region Volunteer Fire Fighters Captains,
               Deputies.
           •   Undertaking Boat Licence testing in conjunction with Waterways NSW Officers.

           We have over the years raised monies from raffles and donations and purchased a pool table
           that takes up a large proportion of the shed, hence we need the proposed shelter to allow
           members to have meetings and social gatherings out of the weather — sun, rain, cold etc. We
           also have an LPG Barbeque which is regularly used inside the Clubhouse, which we would like to
           move outdoors under the proposed shelter.

           A lot of our activities are held away from the Clubhouse eg: Sailpasts at Tea Gardens/Myall
           Festival, Lemon Tree Passage, Fishing Competitions, Boating trips to Bulahdelah, Myall Lakes,
           Broughton Island and our Annual Boating trip to Newcastle Cruising Yacht Club. Prior to these
           events we hold meetings at the Clubhouse and following our monthly Committee meetings we
           send our members a newsletter with details of upcoming events.

           A list of Charity events we have sponsored and raised monies for over the past years is attached.
           We also have members who volunteer their time to help with Community events and are
           members on local committees.

     2.    Access to the site is by the public road off the Old Pacific Highway (Tarean Road) Karuah. We
           have ample car parking spaces to cover which ever category you would like to put us into. We
           would appreciate it if you would advise us of which category we come under.

           The only time we have seen parking at a premium on the River bank and down to our site has
           been when there are large community events — such as, Karuah Aquatic Festival (Powerboat
           Races), 50 Year Karuah Bridge Celebration 2007, Oyster & Timber Festival — where the General
           Public use the area and road to gain a better view of the festivals being held.

     3.    Our Clubhouse is suitable for disabled access entry through 2 double side opening doors should
           it be required (1200 wide) with no step. We have had no disabled members or visitors to our
           Clubhouse, although they are most welcome. At this stage we do not have disabled toilet facilities
           and we do not feel that they are warranted at the moment. Our 2 toilets we have are kept clean
           and in good working order and we have them pumped-out on a regular basis. If an urgent need
           did arise in the near future a disabled person could be driven across the Karuah Bridge to use
           Public disabled toilet facilities in either Longworth Park or Memorial Park. We could look at a
           disabled toilet in the future if a need arises and funds permit.
            Enclosed is further information regarding the Charter of the Club which is proudly on display at
            the Clubhouse and reflects the activities and spirit of the KMYC and its members. A list of past
            activities and Charity Fund events we have held is also listed. These activities are not always
            held at the Clubhouse.

            The local and surrounding communities, businesses and individuals are in support of the KMYC.
            We support the local Karuah businesses including the Butcher, Hot Bread Shop, Bait & Tackle
            Shop (which is closing on 10/11/08, due to a drop in customers & through traffic), the Mobil 24
            hour service station, The Karuah RSL Club, Local NSW Waterways, The Karuah Jetty Village
            Van Park etc and many more.”

SITE DESCRIPTION
The site is located at Lot 268 Foreshore Reserve - Karuah River, Karuah which is licensed from the NSW
Department of Lands (Lic: 394236). The site has vehicle access from Tarean Road. Tarean Road is formed
and bitumen sealed . The road leading to the site is gravelled. The site currently contains a single room
clubhouse with ancillary jetty/pontoon and two (Female and Male) Port – a – loo’s.

The subject site is bounded by the following:

   •   To the north by Tarean Road;
   •   To the east by rural properties containing dwellings;
   •   To the south by vacant naturally vegetated land.
   •   To the west by Karuah River

REPORT
The following matters as listed under Section 79C of the Environmental Planning and Assessment Act, 1979,
are relevant in considering this application.

The provisions of any environmental planning instrument that is or was on public exhibition and
which has been notified to the consent authority; any DCP; any matters prescribed by the regulations
that apply to the Development Application on the subject land

State Environmental Planning Policy No. 71 — Coastal Protection (SEPP 71)
SEPP 71 applies to all land within the coastal zone as defined in the Coastal Protection Act and accordingly
applies to the subject site to the extent of requiring Council to consider the matters listed in Clause 8 of the
policy. The proposal is considered to achieve the aims of the policy.

Great Lakes Local Environmental Plan 1996
In accordance with Great Lakes Local Environmental Plan 1996 the subject property is zoned 2 Village and
development complies with the objectives of the zone. The development is permissible within the zone in
accordance with the Great Lakes Environmental Plan 1996.

The objective of the zone “is to restrict development to small scale developments which are compatible with the
general residential character of village areas and which are unlikely to prejudice the viability of established
shopping and commercial centres.’

The development is not considered to contrast the character of the surrounding village area. The development
will have no impact on the viability of established shopping and commercial centres.

Context and Setting
The site adjoins the Karuah River in a semi-rural residential area of the Karuah Village. The proposal is to
erect a shelter over an existing slab that occupies the site. It is considered that the proposed use does not
adversely impact upon the adjoining or immediate area.

Site design and internal layout
The development provides disabled access ramps from the development site to a jetty and to the entrance of
the premises. As the development is of a minor nature and there is no increase in floor area, it is deemed
unreasonable to ask for greater improvements to the toilet facilities for the site.
A note will be included in the conditions of consent that any future developments will require upgrading of the
sites toilet facilities and disabled access.

Access, Servicing and Parking
The application was referred to Councils’ Engineering Division for comment. The following comments are
provided:

         “Sect 88B
         Instrument(s):


         Access:          Access to Lot 268 is available off Tarean Road via an informal gravel access road.
                                 Limited parking is available on site in a dirt car parking area. Some formal
                                 pedestrian access exists on site with some concrete footpath and ramp from the
                                 existing boat shed out to the pontoon area. Access to the public toilets is
                                 currently non existent, as the port-a-loos are located to the south of the boat shed
                                 on the lawn area. The lack of access to the toilets should be addressed when an
                                 upgrade of amenities is required in the future.

         Flooding:                The development site is within the 1% flood prone area.

         Drainage:                All roof & hardstand water to on-site storage with overflow to
                                  Natural waterways via the use of a level spreader system.

         Services:                Any alteration to services to be at the developer’s cost.

         Erosion Control:         To be maintained during construction.”

Should the application be approved, suitable conditions regarding the above will be incorporated into the
conditions of development consent.

Utilities
The application was referred to Council’s On-site Sewerage Officer for comment. No concerns are raised with
the application subject to suitable conditions being incorporated into the conditions of development consent.

Suitability of site for the development
The subject site is considered suitable for the development. The following issues were raised through out the
development application process:

Bushfire        The development site is not fire prone.

Services        The subject site has connection to electricity and telephone services. Water and sewerage
                management is provided on-site and is satisfactory. The land is serviced by Councils waste
                contractor.

Access          The subject property has direct access to Tarean Road via an informal gravel access road. The
                subject property is located 150 metres from the closes intersection. The property is deemed to
                have good access and sight distance.

Flooding         The development site is within the 1% flood height, however no objection is raised as the
                 proposal is for minor non-habitable development.

Submissions made in accordance with the Act or regulations.
The application was notified to adjoining owners in accordance with Council’s Policy and one (1) submission
was received. The following issues were raised:

1.       Increasing the use of the Land Department Licence which is inadequate for the present use.
       Planning Comment:
       The Department of Lands has signed the application and given owners consent for the proposed
       development, therefore the license is deemed sufficient for the development.

2.     There is difficulty with present road access.

       Planning Comment:
       The matter was referred to Council’s Transport Assets Branch and the current facilities are deemed to
       be sufficient for the development.

3.     There is insufficient parking for the present use.

       Planning Comment:
       The matter was referred to Council’s Transport Assets Branch and the current facilities are deemed to
       be sufficient for the development.

4.     There is no proper sewerage for the present use.

       Planning Comment:
       The matter was referred to Council’s On-site Sewerage Management Branch and, if proposal is
       successful, conditions will be applied to manage the toilet facilities sufficiently. Two (2) port-a-loos
       currently service the site.

5.     There is inadequate site drainage for the present use.

       Planning Comment:
       The matter was referred to Council’s Transport Assets Branch and suitable conditions regarding
       drainage will be incorporated into the conditions of development consent.

CONCLUSION
The applicant seeks consent to for the erection of a shelter over an existing concrete slab on Lic: 394236,
Tarean Road, Karuah.

Council’s Building Assessments Branch raises concerns that the development does not provide
access/facilities for people with disabilities. However, the application is only of a minor nature, there is no
increase in floor area and the premises are not used for commercial purposes.

The proposal is permissible with consent within the 2 – Village zone. It is considered that the proposed
development satisfies the objectives of the zone and will compliment the development site by providing
shelter to a community facility that is not currently available. The applicant should however be made aware
that any future development of the site may require formalization/increase of the carparking area and
construction of disabled toilet facilities.

It is considered that the proposed development be approved subject to appropriate conditions of consent.

RECOMMENDATION: DIRECTOR PLANNING & ENVIRONMENTAL SERVICES

It is recommended that Development Application 43/2009, erection of a shelter over an existing concrete slab
on Lic: 394236, Tarean Road, Karuah be approved subject to the following conditions:

The following condition/s have been applied to ensure that the development complies with the
provisions of the Environmental Planning and Assessment Act and Regulations and Policies of Council:

       1. The development being carried out in accordance with the details set out in the Development
          Application unless otherwise amended by these conditions of consent.

       2. The building works are to be inspected during construction, by the principal certifying authority (or
          other suitably qualified person on behalf of the principal certifying authority subject to the
          provisions of the Environmental Planning and Assessment Act 1979 and Regulation 2000) to
   verify compliance with this consent and the standards of construction detailed in the Building
   Code of Australia. Inspections shall be carried out as required by Section 162A of the EP&A
   Regulation 2000.

3. Work on any building shall not commence until a Construction Certificate, complying in all
   respects with the provisions of the Environmental Planning and Assessment Act 1979,
   Environmental Planning and Assessment Regulation 2000 and the Building Code of Australia, has
   been issued.

4. It is a condition of approval that all building work must be carried out in accordance with the
   provisions of the Building Code of Australia (BCA).

5. Structural drawings prepared by a suitably qualified and experienced Structural Engineer being
   submitted to and approved by the principal certifying authority prior to the issue of a construction
   certificate. The plans shall detail:

        i)     All reinforced concrete floor slabs and/or beams or raft slab (having due regard to the
               possible differential settlement of the cut and fill areas.
        ii)    Footings of the proposed structure.
        iii)   Structural steel beams/columns.

6. A sign is required to be erected in a prominent position on any work site on which building or
   demolition work is being carried out. The sign shall indicate:

        i)     The name, address and telephone number of the principal certifying authority for the
               work; and
        ii)    The name of the principal contractor and a telephone number at which that person
               may be contacted outside of working hours; and
        iii)   The sign must state that unauthorised entry to the work site is prohibited.

   Any such sign is to be removed when the work has been completed.

7. All adjustments to existing utility services made necessary by the development are to be
   undertaken at the developer’s expense.

8. The capacity and effectiveness of runoff and erosion control measures shall be maintained at all
   times in accordance with Council’s Erosion and Sediment Control Policy.

9. The disposal of the stormwater drainage from the roof area is to be to a storage tank with an
   approved overflow to the natural waterway via use of a level spreader to prevent erosion or other
   approved drainage system. Details of the overflow to be submitted for approval to Council prior to
   the issue of a construction certificate.

10. The port-a-loo’s currently servicing the premises are to be pumped out at such regular intervals by
    a Council approved liquid waste transporter to ensure that the contents of the collection tanks do
    not overflow. An application for an approval to operate is to be submitted to Council prior to the
    issuing of the occupation certificate.

11. Installation and maintenance of a fire extinguisher within the existing shed in accordance with
    Australian Standard 2444. The fire extinguisher is to be installed prior to the issuing of the
    occupation certificate.

Note:   Any future developments will require upgrading of the properties toilet facilities and disabled
        access and formalization/increase of the carparking area.
ANNEXURE ‘A’

								
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