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150 68 68 LOT 2818 CROZIER ROAD_ BELROSE - WHOLESALE PLANT

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FILE NO: PF1240/L2818-C

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Report to Local Approvals Committee Meeting on 6 March 2001

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LOT 2818 CROZIER ROAD, BELROSE - WHOLESALE PLANT NURSERY

Reporting Officer
Manager Local Approvals

Management Plan
Program: Program Goal: Program Function: Management Plan: Urban Development To achieve a built environment which complements and enhances natural areas, public spaces and the desired character for Warringah Approvals service warringah PLAN 2000-2003

Purpose
To gain a Council determination on an application referred from the Development Unit. Owner of Property: Autong Pty Ltd The application is referred to Council for determination as the Applicant has requested a review of an earlier refusal. The original report is attached.

Recommendation of Local Approvals Service Unit Manager (Refusal)
That Council confirm its previous decision to refuse the application for Wholesale Plant Nursery at Lot 2818, DP 727090, Crozier Road, Belrose, be refused for the following reasons, as previously provided:1. Pursuant to Section 79C(1)(a)(ii) of Environmental Planning and Assessment Act, 1979 (as amended) the proposal is inconsistent with the Desired Future Character Statement specified under the C8 Belrose North Locality Statement of Draft Local Environmental Plan 2000 which states that the natural landscape including landforms and vegetation will be protected and where possible enhanced. In this regard, the development of this particular site for agricultural purposes is considered unsuitable in this instance and inconsistent with the intent of the Desired Future Character due to the extensive disturbance of natural vegetation. Pursuant to Section 79C(1)(a)(ii) of Environmental Planning and Assessment Act, 1979 (as amended) the proposal does not satisfy Clause 76 Management of Stormwater under Draft Local Environmental Plan 2000. The submitted drainage information is unsatisfactory as the proposal does not provide On-Site Detention in accordance with Council’s OSD requirements. Pursuant to Section 79C(1)(a)(ii) & (b) of Environmental Planning and Assessment Act, 1979 (as amended) the proposal does not satisfy Clause 54 - Provision and Location of Utility Services, under Draft Local Environmental Plan 2000. Insufficient

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Report to Local Approvals Committee Meeting on 6 March 2001

information is submitted in order to adequately assess the proposal in relation to Clause 54 of Draft Local Environmental Plan 2000. Also, no Section 73 Certificate from Sydney Water Board has been submitted. 4. Pursuant to Section 79C(1)(a)(ii) & (b) of Environmental Planning and Assessment Act, 1979 (as amended) the proposal does not satisfy Clause 58 - Protection of existing flora, and Clause 56 – Retaining unique environmental features on sites, under Draft Local Environmental Plan 2000. The development would necessitate a significant loss of natural vegetation. Pursuant to Section 79C(1)(a)(ii) of Environmental Planning and Assessment Act, 1979 (as amended) the proposal does not satisfy Clause 73 - On-Site Loading and Unloading, and Clause 75 - Design of Carparking Areas under Draft Local Environmental Plan 2000. The proposed loading and unloading arrangement is unsatisfactory for the operation of a Wholesale Plant Nursery. Pursuant to Section 79C(1)(a)(ii) of Environmental Planning and Assessment Act, 1979 (as amended) the proposal does not satisfy Clause 78 - Erosion and Sedimentation and Clause 44 - Pollution under Draft Local Environmental Plan 2000. Insufficient information pertaining to erosion and sedimentation control, drainage and management of run-off, both during construction and during long term operation of the nursery is submitted. Pursuant to Section 79C(1)(d) and (e) of the Environmental Planning and Assessment Act, 1979, the proposed development is not in the public interest. Pursuant to Section 79C(1)(a) and (c) of the Environmental Planning and Assessment Act, 1979, the site is unsuitable for the operation of a Wholesale Plant Nursery given the significant steep and rocky nature of the site Pursuant to Section 79C(1)(b) of the Environmental Planning and Assessment Act, 1979, the proposal requires significant bushfire protection requirements which affect the whole of the site. The bushfire requirements would substantially impact on all natural vegetation which exists on the undeveloped site. Pursuant to Section 79C(1)(a)(iv) & (v) of the Environmental Planning and Assessment Act, 1979 there is inadequate information to enable a complete and accurate assessment of the proposal as the submitted plans lack necessary dimensions of distances from proposed facilities and structures to the boundaries of the site. The application fails to demonstrate that this proposal would appropriately function and operate as a future land use activity.

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RECOMMENDED TO COUNCIL by the General Manager.

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FILE NO: PF1240/L2818-C

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Development Application Determination

ATTACHMENT

DEVELOPMENT APPLICATION DETERMINATION
No: Lodged: 2000/4880 8 September 2000

Development Proposal
Agricultural Wholesale Plant Nursery.

Site Description
Lot 2818, DP 727090, No. L2818 Crozier Road, Belrose.

Applicant’s Name and Address
Vigor Development Pty Ltd 1/84-86 Hampden Road ARTARMON NSW 2064

Owner’s Name and Address
Autong Pty Ltd Suite 1/ 84-86 Hampden Road ARTARMON NSW 2064

Zoning Details
The subject site is zoned Non-Urban 1(a1) under Warringah Local Environmental Plan 1985. The proposal is permissible with consent. The land is situated in the C8 Belrose North Locality pursuant to the provisions of Draft Warringah Local Environmental Plan 2000. Draft Local Environmental Plan 2000, was gazetted on the 5 December 2000. Clause 5(2) of the gazetted Local Environmental Plan 2000, constitutes as a savings provision and reads as follows: (2) Any development applications submitted before, but not finally determined when this plan took effect for the land to which they relate, are to be determined as if those other environmental planning instruments continue to have effect and as if this plan had been exhibited but not made As this application was lodged prior to the gazettal of Local Environmental Plan 2000, the application (subject to Clause 5(2) of LEP2000) is assessed in accordance with the provisions of Warringah Local Environmental Plan, 1985 and the provisions of Draft Local Environmental Plan 2000.

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Development Application Determination

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Description of the Locality and Site
The site is a triangular shaped allotment, located on the corner of Linden Avenue and Crozier Road, and has an area of 1.193ha. The site has frontages of 190metres to Linden Avenue and 168metres to Crozier Road. Topographically, the site is situated on the crest of a ridge, which runs in a south-north direction. The site exists undeveloped and contains undisturbed natural bushland. Numerous rocky outcrops also exist on the site. A knoll features to the southern part of the site.

Proposal in Detail
The applicant proposes to develop the site for the purposes of operating a Wholesale Plant Nursery. The proposal is summarised as follows: Operation: Employees: Carparking: 9am to 5pm Monday to Friday 3 permanent staff 3 carparking bays and 1 loading/unloading bay

Site facilities include: Office building Storage/delivery area: 6.75 m x 6.3 m, area of 42.525sqm Potting up area: Triangular area 7.5sqm Planting area. 26.8 m x 20.0 m, area of 536sqm Includes 22 flower platforms

Submissions
(i) Resident Submissions The application was notified to seven (7) adjoining property owners by letter dated 12 September 2000. A total of two submissions were of objection were received. Concerns raised include: Fails to make an adequate assessment of natural flora and fauna Does not address the direct and indirect impacts of the development upon the bushland Fails to address the provisions of the desired future character of the C8 Belrose Locality under DLEP2000 Fails to adequately address the NSW Rural Fire Services bush fire requirements There appears no drainage plan Plan indicates ‘planting’ areas, but does not show whether these are to be in-ground or above-ground. Design dimensions of the ‘flower platform’ are not shown Clearing required would lead to considerable disturbance of vegetation Contour of the land would necessitate considerable excavation to provide driveway access Soil would have to be imported, disturbing the natural PH and affecting soil in surrounding area If planting is to be in containers above the surface, there will be a serious impact on drainage in surrounding area Area is elevated and exposed. Plan does not show screening mechanisms

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Development Application Determination

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Impact on traffic Plan does not show the position of Waldon Road. No mentioning of kerbing/guttering or footpath provision Proposed building materials - cream brick and colourbond would seem unsympathetic Planting methodology is not shown

The issues raised in the submissions are considered well founded issues of concern and are discussed in the body of this report. (ii) Submissions from other internal and external departments

Council’s Development Engineer Council’s Development Engineer has reviewed the application and has advised that the proposal is unsatisfactory. Council’s Catchment Liaison Officer Council’s Catchment Liaison Officer has reviewed the application and advises the proposal is unsatisfactory. Council’s Environmental Officer Council’s Environmental Officer has reviewed the application and advises the proposal is likely to have a relatively high environmental impact. NSW Rural Fire Service, Warringah –Pittwater District The Emergency Services and Fire Control Unit have advised no objections to the proposal subject to conditions.

Assessment
The application has been assessed under the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 (as amended) and the relevant planning instruments. Relevant matters are raised as key issues in this report.

Warringah Local Environmental Plan 1985
The site is zoned 1(a1) Non Urban under the provisions of Warringah Local Environmental Plan 1985. Under the provisions of Clause 9 of LEP 1985, ‘agriculture’ is listed as permissible development and requires a development consent in order to carry out such activities. Clause 5 of LEP1985, defines agriculture as follows: ‘ “Agriculture” has the meaning ascribed to it in section 514A of the Local Government Act, 1919;’

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514A of the Local Government Act 1919, further defines agriculture as: ‘ “Agriculture” and “Cultivation” include horticulture and the use of land for any purpose of husbandry, including the keeping or breeding of live stock, poultry, or bees, and the growing of fruit, vegetables, and the like, and “agricultural” and “cultivate: have a corresponding meaning” The proposed wholesale plant nursery, would generally be defined per the above definition. The proposal therefore, is considered as permissible development in the 1(a1) Non Urban landuse zone of Local Environmental Plan 1985.

Draft Local Environmental Plan 2000
The proposed development is located in the C8 Belrose Locality under Draft Local Environmental Plan 2000 (Draft LEP2000). The desired future character of the locality is as follows: The present character of the Belrose North Locality will remain unchanged except in circumstances specifically addressed as follows. The natural landscape including landforms and vegetation will be protected and, where possible, enhanced. Buildings will be grouped in areas that will result in the minimum amount of disturbance of vegetation and landforms and buildings which are designed to blend with the colours and textures of the natural landscape will be strongly encouraged. Development will be limited to new houses conforming with the housing density standards set out below and low intensity, low impact uses. The locality statement identifies the land use activity ‘agriculture’ to be classified as a Category 2 Development. Clause 6(1) of the Draft LEP defines agriculture as follows: ‘Agriculture means horticulture and the cultivation of crops, including cereals, fruit, nuts, vegetable and flower crops, and includes horticultural, irrigation and farming practices such as: (a) the keeping or breeding of livestock, bees and poultry or other birds, or (b) aquaculture, or (c) the cultivation of plants in a wholesale plant nursery for commercial purposes. Clause 6(1) of Draft Local Environmental Plan 2000 confirms the proposed ‘Wholesale Plant Nursery’ is as permissible activity, and is classified as a Category 2 development under Draft LEP2000.

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Clause 12(3) ‘What matters are considered before consent is granted?’ of Draft Local Environmental Plan 2000, states: (3) In addition, before granting consent for development classified as: (a) Category One, the consent authority must consider the desired future character described in the relevant Locality Statement, or (b) Category Two or Three, the consent authority must be satisfied that the development is consistent with the desired future character described in the relevant Locality Statement. Category Two development, is development that may be consistent with the desired future character of the locality. The proposal in relation to the Desired Future Character (DFC) is assessed as follows: The whole of the site consists of relatively undisturbed natural bushland. This bushland is a component of a natural bushland corridor which connects to Garigal National Park. The bushfire protection requirements affect the whole of the site (discussed in the later part of this report). Bushland retained within the fire protection zone would be substantially modified. The intent of sentences one and two of the DFC statement is of significant importance to this property. Sentence one of the DFC reads… ‘The present character of the Belrose North Locality will remain unchanged, except in circumstances specifically addressed as follows.’ Sentence two of the DFC, states that the present character will remain unchanged and that… ‘The natural landscape including landforms and vegetation will be protected and, where possible enhanced.’ Undeveloped areas characterised by natural vegetation, are to remain undisturbed, unchanged and protected. The development of this particular site necessitates extensive bushfire measures which conflict with the intent of the desired future character for this site. The circumstances of the case pertaining to the necessary bushfire requirements, results in development which significantly impacts on the natural vegetation which features all of the site.
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Sentence three of the DFC Statement reads: ‘Buildings will be grouped in areas that will result in the minimum amount of disturbance of vegetation and landforms and buildings… Two Category 2 land use activities listed under the C8 Belrose North Locality include agriculture and housing. For the purposes of assessing sentence three of the DFC, a comparison between these two land use activities is made. The erection of a dwelling house is a more likely land use activity which would meet the intent of sentence three, in that a dwelling house would likely result in less disturbance of vegetation than the development of the site for agricultural purposes. The requirements for the operation of a ‘agricultural wholesale plant nursery’ is considered to not result in a minimum amount of disturbance of vegetation. The assessment of this application has revealed that the office building is ancillary to the to the plant propagation area. Both significantly result in vegetation disturbance. The provision for parking, turning areas, and loading/unloading areas, drainage, erosion and sedimentation control, storage areas and the like are necessary site requirements for appropriate nursery operation to take place. These necessary requirements increase vegetation disturbance.

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Sentence four of the DFC reads: ‘Development will be limited to new houses conforming with the housing density standards set out below and low intensity, low impact uses.’ With regard to sentence four of the DFC, it is considered that the proposed wholesale plant nursery constitutes as a intensive (or concentrated, designed to increase production from a particular area) agricultural activity on the site. In relation to the context and setting of the locality, it is considered the proposal would have a low impact to the area. This area includes a range of land use activities including a school, wholesale and retail plant nurseries, a waste disposal facility, dwelling houses, and public sporting facilities. The proposal is considered consistent with sentence four of the DFC statement.

Acknowledgment is made that the proposal would be a low impact activity and a compatible land use activity to surrounding land uses. However, development of the site for agricultural purposes is considered unsuitable in this instance and in-consistent with the intent of the DFC for this particular site due to the extensive disturbance of natural vegetation which characterises the undeveloped site.

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Development Application Determination

ATTACHMENT

An assessment of the proposal with regard to the built form controls specified under the C8 Locality Statement is as follows: Built Form Control Housing Density Building Height Front Building Setback Extractive Industry Required NA 2 storeys and <8.5 metres Minimum of 10 metres NA Proposed NA 1 storey and < 8.5 metres 20 metres NA Compliance NA Yes Yes NA

The application is satisfactory with regard to the built form controls of the C8 Belrose North Locality Statement under Draft Local Environmental Plan 2000.

Building Lines and Building Setbacks
The provisions of the Warringah Building Lines & Building Setbacks Policy are as follows: 5.0 Non Urban Zones Aims and Objectives (i) (ii) to preserve and enhance the rural character of the area through the spatial separation of buildings from the road and from adjoining allotments, and to provide reasonable privacy for neighbours

Standards (i) (ii) A building line of 20 metres applies to secondary roads and/or public reserves With the exception of land within the Non-Urban 1(c) zone, buildings are to be setback a minimum of 7.5 metres from side and rear boundaries

The proposal nominates a 20 metre front setback between the office building and the front setback of the site fronting Linden Road. The proposal therefore, is considered satisfactory with regard to Council’s Building Lines and Building Setbacks Policy.

The likely Impacts of the Development (i) Drainage

Council’s Development Engineer advised that the submitted Drainage Plan was unsatisfactory and additional information was required as follows: On-site detention (OSD) and calculations is necessary for this development. The design of the OSD system to be in accordance with Council’s On-Site Stormwater Detention Technical Specification.

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Plans and cross sections of the proposed construction of kerb and gutter drainage between the proposed vehicle areas Details of pollution control devices to treat discharge from planting and carpark areas.

In Council’s letter to the applicant, (letter dated 10 October 2000), the applicant was requested to submit the above drainage and engineering information. In response to Council’s request, the Applicant informed Council (letter dated 20 November 2000), that the required information would be submitted at Construction Certificate stage. Council’s Development Engineer has considered the applicant’s response. He has advised that this response is unsatisfactory. The information requested is necessary for an accurate assessment to take place during the processing of the Development Application. With this regard, The submitted drainage information is unsatisfactory as the proposal does not provide On-Site Detention (OSD) in accordance with Council’s OSD requirements. The proposal does not satisfy the requirements of Clause 76 Management of Stormwater under Draft LEP 2000.

(ii) Erosion & Sediment Control
Council’s Catchment Liaison Officer reviewed the original application with regard to erosion and sediment control. He advised that the submitted Erosion and Sediment Control Plan was unsatisfactory. Council advised the applicant by letter (letter dated 10 October 2000) that a Erosion and Sediment Control Plan was to be submitted. This Plan was to be prepared by a qualified engineer in accordance with Council’s “Specification for Erosion and Sediment Control’ demonstrating erosion and sedimentation control measures during and immediately after construction. This Plan was requested in order to accurately access the proposal in accordance with Clause 78 of Draft LEP2000. The amended application was re-assessed by Council’s Catchment Liaison Officer. He has advised that the proposal remains unsatisfactory with regard to this issue. Comments made by Council’s Catchment Liaison Officer are as follows: As the site is mounded in the middle and mostly rock, sediment and erosion control is an issue likely to cause problems during and after construction. After inspecting the site, it is considered impossible to install a silt fence around the works as shown on the submitted plan (DA01 & DA02 Issue B, dated 20 November 2000) as the soil is unsuitable for the fence to be securely installed. Silt traps need to be incorporated into the stormwater drainage pits or addressed separately with the whole site draining out through a single silt trap (preferably incorporating nutrient control measures). The amended plan does not give any indication of sediment control measures.

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Development Application Determination

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The plan does not show any measures for the control of silt and sediment on site during operation of the nursery. Specifically, the potting up area and the storage area needs to be covered or protected in such a way as to prevent rainwater from washing high nutrient potting material into stormwater drains. There is not indication of how potting mix materials are to be contained, ie in a bay or similar structure. Clause 78 Erosion and Sedimentation under Draft LEP2000 states: 78 Erosion and sedimentation Development is to be sited and designed, and related construction work carried out so as to minimise the potential for soil erosion. Where some degree of soil erosion and sedimentation is likely to occur, it is to be managed at the source to prevent any reduction in water quality downstream of the development site. In this case, a soil and water management plan which ensures minimal soil erosion and maintenance of downstream water quality that has been prepared in accordance with the Council’s “Specification for Erosion and Sedimentation Control” and “Design and Specification Manuals for Engineering Works” is to be considered by the Council before consent for the relevant development is grated. The plan is to outline practices proposed to control runoff, mitigate soil erosion and trap pollutants before these can reach downslope lands and receiving waters. Having regard to the operative nature of a wholesale plant nursery and likely erosion and sedimentation impacts which result from nursery operation, it is considered that Clause 78 of Draft LEP2000 is of specific relevance in this application and necessary to be appropriately addressed. Hence, the request for additional information pertaining to erosion and sedimentation matters. Accordingly, the applicant was given opportunity to submit the required information. The submitted amended plans are inadequate and incomplete in regard to Council’s request. The proposal inadequately satisfies erosion and sedimentation control requirements necessary during construction and during the long term operation of the nursery. Inadequate information is submitted in relation to satisfying Clause 78 of Draft Local Environmental Plan 2000.

(iii) Runoff
Council’s Environmental Officer has assessed the proposal in relation to the impact of runoff upon surrounding bushland. The bushland covering the entire lot is Bloodwood Scribbly-Gum Woodland, and is in a reasonably weed free condition. The proposed drainage plans do not demonstrate that
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the surrounding bushland on the lot, adjacent areas and the Bare Creek catchment will be suitably protected from the detrimental impacts of site runoff. Nursery operations involve large quantities of water and fertiliser applied to the stock on a daily basis resulting in significant volumes of site runoff polluted with plant nutrients (nitrates and phosphates) and possibly pesticides. The Bloodwood Scribbly-Gum Woodland vegetation on the lot is adapted to the infertile, dry conditions of Hawkesbury Sandstone soils and is highly sensitive to runoff increases in both volume and plant nutrients. The impact of changed runoff conditions is ongoing weed invasion with a corresponding decrease in native species diversity over time. These impacts will not only affect the bushland on the lot if the drainage collection system is inadequate but will also impact the creek lines receiving runoff from Linden Avenue. These creek lines are located in a primarily vegetated Bare Creek catchment and may include the bushland of the western section of Garigal National Park. So determined is the potential impacts of runoff form the proposed nursery I recommend that runoff be treated and/or entirely recycled on site unless the applicant can justify that the site runoff will have minimal impact upon the bushland in the catchment. With this regard, it is summarised that the runoff from the nursery, substantially increased in volume and nutrient pollutants, will significantly contribute to bushland degradation through weed invasion potentially on the site and further down the bushland catchment of Bare Creek. Council’s Catchment Management Liaison Officer has also raised concern to appropriate water quality measures. “All propagation nursery operations generate water that is high in nutrients as intensive plant propagation requires the use of fertilisers. This application shows no measures for controlling the water and/or treating it prior to discharge to the surrounding bushland, which contains native plants, many of which are sensitive to elevated nutrients. Control measures such as bunding of propagation and potting up areas and reuse of irrigation water or training of all site water to a single discharge point and over a regularly maintained grass swale would be necessary.” Clause 44 Pollutants under Draft Local Environmental Plan 2000 is of relevant consideration in this instance. This clause reads as follows: Clause 44 pollutants of Draft LEP2000. No development is to be carried out which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the use from existing or likely future development on the other land in the locality), would result in the emission of atmospheric (including odours), liquid or other pollutants which would unreasonably diminish the amenity of adjacent properties, the locality or waterways.
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Development Application Determination

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The proposed application inadequately addresses drainage, erosion and sedimentation measures and management of runoff from the site during construction and more importantly during long term operation of the nursery activity. Insufficient and inadequate information has been submitted in order to accurately assess the proposal in relation of Clause 44 of DLEP2000.

(iv) Bush Fire Protection
The NSW Rural Fire Service, Warringah-Pittwater District have assessed the proposal and have raised no objection to the proposal subject to the following requirements: A Fuel Free Zone to be established and maintained for a distance of 15 metres around the proposed buildings and infrastructure The remainder of the property to be maintained in a Fuel Reduced state.

With regard to bush fire protection, the applicant’s Statement of Environmental Effects reads: ‘No known increased risks, apart from a possible bushfire risk to the development. Clearing is proposed around the building, the building envelope is of non-flammable materials, and it will have enclosed eaves’ It is apparent that the applicant has made no consultation with the NSW Rural Fire Service. This statement inadequately addresses the necessary bush fire requirements that would be necessary for the site. The fire protection requirements affect the whole of this undisturbed vegetated site. Bushland retained within the fire protection zone would be substantially modified. As previously mentioned in this report, the intent of the C8 Belrose North Desired Future Character for undeveloped areas characterised by natural vegetation, is to have such sites remain undisturbed and protected. The development of this particular site (which necessitates extensive bushfire requirements), results in development that would not ‘protect and enhance’ the natural vegetation but rather, significantly modify and reduce its ecological value. As such, the subject proposal is considered contrary to the intent of the desired future character for this site.

(v) Flora and Fauna.
The submitted Statement of Environmental Effects addresses Flora and Fauna issues as follows: ‘The proposed landscaping cleans up the site, and it is intended to remove all garden escapes from the affected area of the site so as to improve the site….

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Development Application Determination

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The proposal preserves the significant trees on site, while cleaning up an area of poor quality, degraded bushland’ Council’s Environmental Officer has made the following comments in regard to the direct loss of bushland habitat associated with the proposal The development will affect the whole 1.2ha lot area (currently entirely covered in bushland) as in addition to the clearance of bushland for the proposed nursery infrastructure, the recommended fire protection zone includes a 15 metre wide fuel free zone A fire protection zone may still incorporate bushland elements whereby the fuel free zone comprises widely spaces trees and native ground covers and a fuel reduced zone comprises bushland with a regularly thinned (manually removed or burnt) shrub layer. Bushland retained within a fire protection zone is substantially modified and likely to have reduced biodiversity values. The bushland on the lot has some value as a component of a corridor located along the eastern side of Bare Creek Tip connecting two fingers of Garigal National; Park extending eastwards around the northern and southern sides of the Tip. The ecological value of this corridor is unknown and may depend on the rarity of the species utilising it. It if it is utilised by the endangered species Southern Brown Bandicoot then it has a high ecological value and the proposed development would have a significant impact. The Conacher Travers methodology for surveying Southern Brown Bandicoot is considered inadequate. This endangered species is of particular importance because, as stated in the report, there is a record of this species 1 km from the site. The National Parks and Wildlife Service (NPWS) recommends the use of wire mesh ‘bandicoot’ traps rather than the type B Elliott Traps used by Conacher Travers for a period of 4- 5 consecutive nights of fine weather during the warmer months. The requirements of Clause 58 Protection of Existing Flora under Draft Local Environmental Plan 2000, read as follows: Clause 58 Protection of existing flora Development is to be sited and designed to minimise the impact on remnant indigenous flora, including canopy trees and understorey vegetation and on remnant native ground cover species. The requirements of Clause 56 Retaining unique environmental features on sites under Draft Local Environmental Plan 2000, reads:

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56 Retaining unique environmental features on sites Development is to be designed to retain and complement any unique environmental features of its site and on adjoining and nearby land. In particular, development is to be designed to incorporate or be sympathetic to environmental features such as rock outcrops, remnant bushland and watercourses. Acknowledgment is made to the comments made by Council’s Environmental Officer, the extensive bushfire requirements, and the intent of the desired future character specified under the C8 Belrose North Locality Statement. The proposal would have a significant impact on the undisturbed bushland on the site. The proposal therefore, results in development contrary to the provisions of Clause 58 and Clause 56 of Draft LEP2000.

(vi) Provision and location of utility services
The provisions of Clause 54 Provision and location of utility services, of LEP 2000, includes: “If proposed development will involve a need for them, utility services must be provided to the site of the development, including provision for the supply of water, gas, telecommunications and electricity and the satisfactory management of sewage and drainage.” Council’s letter requesting additional information dated 10 October 2000, requests details of consultation with public authorities responsible for the provision of utility services and the submission of a Section 73 Certificate from the Sydney Water Board. This was requested in order to ascertain whether the development would be appropriately serviced. In response to Council’s request, the applicant has submitted a plan showing the location of existing water supply infrastructure which exists in this locality. This plan has been obtained from the Sydney Water Board. The subject undeveloped site is not serviced. The applicant has not demonstrated that consultation with the Sydney Water Board has been carried out. No Section 73 Certificate has been submitted. Council’s Catchment Liaison Officer has further advised that there is no indication of irrigation methods to be used to irrigate the planting area. This is relevant to the application as the water pressure supplied by Sydney Water is not sufficient to irrigate planting on this scale and therefore town water will need to be stored in a tank and pumped. The proposal makes no consideration for such irrigation requirements. Having regard to the comments made by Council’s Catchment Liaison Officer, further emphasises the necessity for the submission of a Section 73 Certificate, given the nature of the application and given that the site currently exists undeveloped. Clause 54 Provision and location of utility services of Draft Local Environmental Plan 2000, states:
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‘If proposed development involve a need for them, utility services must be provided to the site of the development, including provision for the supply of water, gas, telecommunications and electivity and the satisfactory management of sewage and drainage’. The applicant has been given opportunity to submit appropriate information (request for information in Council’s letter dated 10 October 2000) in order to accurately assess the proposal in relation to Clause 54 of Draft Local Environmental Plan 2000. The applicant has not submitted the requested information. The proposal inadequately addresses the provisions of Clause 54 of Draft LEP2000.

(vii) Operational Details
Council’s letter dated 10 October 2000 requests the applicant to submit comprehensive operational details of the proposal. In response to Council’s request, the applicant writes: “The operational details of the Agricultural Wholesale Plant Nursery is that lots of flowers will by raised in tubestock on the platform, 3 permanent employment for staff work there. When the flowers will be grown up, the worker of the nursery will deliver the flowers to the businessman, or the businessman will pick up by them selves. Therefore, very limited access would be by public transport and pedestrian routes.”[sic] The submitted statement is inadequate. There is insufficient information regarding how the wholesale Plant Nursery will function and operate. Comprehensive information, and methodology for plant propagation (ie from germination of plants to when the size height and species of plants are available for wholesale purchase) has not been submitted. No quantity data has been submitted. Nor has the applicant indicated type of plant/flower species to be grown nor addressed seasonal requirements. Inadequate information is submitted regarding the methods used for plant propagation. The applicant has not satisfactorily considered nor appropriately provided site facilities which are necessary for a plant nursery operation. Such activities necessitate appropriate soil bays, suitable turning areas for large vehicles to manoeuvre to and from such areas, appropriate washing areas, installation of appropriate irrigation/watering system, and appropriate erosion and sediment control measures during operation. Council’s catchment liaison officer advises that this information is necessary as this will greatly affect the type of pollution measures needed especially on such a steep and rocky site. The submitted application for a wholesale plant nursery therefore, inadequately demonstrates that this proposal will appropriately function and operate as a future land use activity.

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(viii) Loading and Unloading
Council’s Catchment Liaison Officer has made the following comments regarding the loading and unloading of materials during the operation of a ‘typical’ plant nursery: “Delivery of potting mix materials is usually by a truck and dog trailer and it looks from the amended plan like it would have trouble manoeuvring in the confined parking/loading area. The proposal nominates that materials would have to be delivered over the path at the rear of the loading /unloading area. This is considered to not be a suitable arrangement.” The operative nature of a wholesale plant nursery would involve the majority of vehicles entering and leaving the site for the purposes of loading and unloading produce and delivery of necessary plant propagation requirements. Clause 73 On-Site Loading and unloading of Draft Local Environmental Plan 2000, requires that facilities for the loading and unloading of service and delivery to be appropriate to the size and nature of the development. Clause 75 Design of Carparking Areas under Draft LEP2000, requires that adequate provision for manoeuvring and convenient access to individual spaces. The proposed unloading and loading arrangement is unsatisfactory and does not adequately address the provisions of Clause 73 and Clause 75 of Draft Local Environmental Plan 2000.

(ix) Disposal of Waste
The submitted Statement of Environmental Effects addresses the disposal of waste as follows: “Waste collection will utilise the existing Council collection system. Short term construction waste will be sorted and recycled where possible.” Council’s Liaison Officer has advised that the proposal does not set aside an area on the site for the collection and either treatment or disposal of waste plant material and dead plants. ‘In my experience, when this is the case plant and waste soil material is thrown out over the rear boundary of the site causing weed and other problems in the bushland’. It is apparent the applicant has not adequately addressed the type and quantity of waste (which would be predominantly soil and plant matter) that would result from operation of the nursery. The proposal does not make opportunity to nominate a suitable on-site waste management plan.

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Processing of the Application
The application was lodged with Council on the 8 September 2000. The proposal was notified and submissions of objection were received. On the 10 October 2000, the applicant was advised by letter that an initial assessment of the proposal had revealed several concerns to the proposal and insufficient information had been submitted in order to undertake an accurate assessment of the proposal. The applicant was given opportunity to submit amended plans and additional information, information to be submitted by 7 November 2000. It was suggested in Council’s letter that, the applicant withdraw the proposal (given the number of issues raised) as it was considered that the applicant had inadequately considered a number of fundamental issues pertaining to the operation of a wholsale nursery. The applicant declined this suggestion and advised Council that additional information would be submitted. On the 6 November 2000, the applicant requested additional time in order to submit additional information. The request was accepted, and an extension of time permitted to the 20 November 2000. On the 22 November 2000, amended plans and additional information was submitted for assessment. The assessment of amended plans has revealed that, the applicant has failed to address a number of fundamental concerns raised in Council’s initial letter dated 10 October 2000. The application, is therefore not supported.

Conclusion
The proposal is for developing an undeveloped vegetated site for the purposes of operating a Wholesale Plant Nursery. The proposal has been assessed in accordance with the requirements of Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended) Warringah Local Environmental Plan, 1985, and Draft Local Environmental Plan 2000. The applicant has inadequately considered the operative nature of a wholesale plant nursery and the necessary site requirements. The proposal does not satisfactorily address a number of relevant clauses of Draft Local Environmental Plan 2000, including: Clause 44 Pollutants Clause 54 Provision and location of utility services Clause 56 Retaining unique environmental features on sites
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Clause 58 protection of existing flora Clause 73 On-site loading and unloading Clause 75 Design of parking areas Clause 76 Management of Stormwater Clause 78 Erosion and sedimentation The fire protection requirements affect the whole of this undisturbed vegetated site. Bushland retained within the fire protection zone would be substantially modified. The intent of the C8 Belrose North Desired Future Character for undeveloped areas characterised by natural vegetation, is to have such sites remain undisturbed and protected. The development of this particular site (which necessitates extensive bushfire requirements), results in development that would not ‘protect and enhance’ the natural vegetation but rather, significantly modify and devalue its ecological value. As such, the proposal is considered contrary to the intent of the desired future character for this site. A number of fundamental issues have been raised as a result of the assessment of this application, particularly given the fact that this site currently exists undeveloped. As such, the applicant was invited to withdraw the proposal given the circumstances of the case. The applicant was given opportunity to address the issues of concern. Submitted amended plans were received and assessed. The amended application remains to fail to address a number of significant issues pertaining to the development of this site for the purposes of operating a Wholesale Plant Nursery. In this regard, the proposal cannot be not supported.

Recommendation (Refusal)
That the application for Wholesale Plant Nursery at Lot 2818, DP 727090, No. L2818 Crozier Road, Belrose, be refused for the reasons attached.

Instrument of Exercise of Delegated Authority
The within application for DEVELOPMENT CONSENT is hereby DETERMINED as set out above, including any additional conditions/reasons, pursuant to delegated authority granted by the General Manager on 30 September 1993.

(Signed) ASSESSMENT OFFICER

(Date) CHAIRMAN

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