Kempsey Development Control Plan 2013

Procedure 1.1.3 Updated 10 January 2017

Chapter D3: South Kempsey Industrial (continued)

5 - Development Requirements

5.1 Development Staging

5.1.1 Access, Infrastructure and Land Use Conflict Factors
Desired Outcomes

DO1 - Site access is gained at only two points from the roundabout at the intersection of Macleay Valley Way and the Pacific Highway and development is staged to ensure that temporary access is not required.

DO2 - Development is staged so that it:

  • Is consistent with any infrastructure servicing plan;
  • Is consistent with the availability of services;
  • commences with development adjacent to the roundabout at the intersection of Macleay Valley Way and the Pacific Highway;
  • Accommodates areas of the site restricted for effluent disposal purposes, until such time that they can be rehabilitated to a developable standard; and
  • Delays future development of the quarry site for subdivision and/or industrial purposes until all quarry operations have ceased and the land fully restored in accordance with the terms of any development consent for the quarry.
Development Requirements

Nil.

5.1.2 Development Stages
Desired Outcomes

DO1 - Subdivision stages are provided with adequate sewer and water services to meet the needs of estimated future development within that stage.

DO2 - Easements are provided for sewer and water services within subdivisions.

DO3 - Roads are provided with each stage of subdivision commensurate with the needs of the proposed stages of subdivision and to facilitate connections to future subdivision stages.

DO4 - Buildings are provided with essential infrastructure, prior to occupation.

Development Requirements
  1. Development applications for subdivision, with the exception of an Initial Subdivision, must demonstrate that the provision of water and sewerage services is an integral part of that subdivision proposal.

    Note - An Initial Subdivision is a subdivision without physical works and separates the highway service centre area, industrial development area, quarry area and conservation area into super lots generally in accordance with Plan 2 - Initial Subdivision Plan (refer to Appendix A)
  2. The Initial Subdivision is to include appropriate easements to facilitate the future provision of water and sewerage services.
  3. Subsequent stages of development shall also take account of Plan 3 - Indicative Lot Layout (refer to Appendix A) and must include construction of the core road where relevant to any particular subdivision stage.
  4. Notwithstanding development requirement c) above, the lot layout and road pattern presented in Plan 3 - Indicative Lot Layout and Plan 4 - Masterplan (refer to Appendix A) may be varied as part of a development application for development after the Initial Subdivision where an alternative Masterplan is presented as part of the application and that alternative Masterplan demonstrates provision of suitable access for further stages of development and consistency with the objectives of this chapter.

5.2 Pacific Highway Frontage

Desired Outcomes

DO1 - Subdivision and development is undertaken in a manner that mitigates adverse acoustic impacts on buildings from the Pacific Highway, to an acceptable level.

DO2 - Development does not have an adverse visual impact as viewed from public areas and the Pacific Highway.

DO3 - Where development is visible from the upgraded Pacific Highway, landscaping is provided to reduce the visual impact of future development adjacent to the highway corridor.

Development Requirements
5.2.1 Acoustic Buffer Setback
  1. No buildings are to be locate closer than:
    1. 65 metres to the nearest travelling lane of the upgraded Pacific Highway; and
    2. 35 metres to the remaining industrial area boundaries.
  2. Development, including building and subdivision, achieves the following acoustic mitigation requirements:
    1. Heavy industrial activities are avoided in the most eastern precincts of the industrial area to limit noise impacts the land within Zone E2 - Environmental Conservation;
    2. Compliance with the NSW Industrial Noise Policy (NSW EPA, 2000); and
    3. Compliance with the NSW Environmental Criteria for Road Traffic Noise (NSW EPA, 1999).
  3. Allotments created by subdivision are to be sized to accommodate both:
    1. Sufficient land to accommodate projected development of the site; and
    2. The acoustic buffer area as shown on Plan 4 - Masterplan (refer to Appendix A).
5.2.2 Outdoor Storage
  1. Storage of materials and goods in external areas shall not occur within the front setback of any industrial lots nor in areas of any lot which are visible from the upgraded Pacific Highway, other than where the storage and display of such materials or goods is an integral component of the proposed use and the Council is satisfied that the outcome will not detract from the visual amenity of the locality.
5.2.3 Landscape Buffer
  1. Where industrial allotments are affected by the acoustic buffer requirement as indicated on Plan 4 - Masterplan (refer to Appendix A) a minimum of 10 metres width of screen landscaping shall be provided along the front setback area and shall be indicated by a restriction on title under section 88B of the Conveyancing Act 1919.

5.3 Traffic Management

Desired Outcomes

DO1 - No allotment has direct access to the upgraded Pacific Highway. All access to the subject area is gained from the 2 accesses from the RTA roundabout.

DO2 - Road and property access comply with the relevant requirements of:

DO3 - Carparking, movement aisles, driveways and loading areas is provided in accordance with the relevant requirements of:

Development Requirements
5.3.1 Site Access
  1. All access for development within Stage 1 as shown on Plan 1 - Staging Plan shall be via the link road to the RTA roundabout and all other development on the site shall have access via the core road providing the second link to the RTA roundabout.
  2. All allotments are to have direct access to a public road.
5.3.2 Road widths
  1. Roads are to be laid generally as shown in Plan 7 - Typical Road Cross Sections (refer to Appendix A).
  2. Roads and intersections shall be designed in accordance with Council’s Engineering Guidelines Subdivision and Development but also with geometry which complies with engineering standards required for access by B-double trucks.

5.4 Infrastructure Servicing

Desired Outcomes

DO1 - Sufficient water supply and wastewater treatment infrastructure is provided commensurate with the requirement of that stage of subdivision and/or scale of development on the allotment.

DO2 - Water supply and wastewater treatment infrastructure complies with the relevant requirements of:

DO3 - Buffers required around sewer treatment systems do not unreasonably impact on the development potential of adjoining and neighbouring allotments.

Development Requirements
5.4.1 Water Supply
  1. Required water supply infrastructure for the site is to be provided and may comprise:
    1. extension of an existing main from the Pacific Highway;
    2. construction of an on-site reservoir; and
    3. reticulated mains within internal subdivision roads.
  2. Development applications, other than for an Initial Subdivision, are to be accompanied with a full Water Servicing Plan that:
    1. Details the proposed water demands of the development;
    2. Considers the potential impacts on the existing supply;
    3. Provides an overall water supply infrastructure plan for the whole site;
    4. Demonstrates that sufficient fire fighting pressure will be provided throughout each stage of development;
    5. Details the water supply infrastructure required for each subdivision stage; and
    6. Demonstrates that the required water supply infrastructure will be provided in conjunction with the development.

      Note - A Water Servicing Strategy was prepared for the rezoning application which showed one way of providing water to the site.
      Note - It may be necessary to include a draft Voluntary Planning Agreement in relation to the provision of water supply infrastructure.
  3. The Initial Subdivision is to include provision for easements for at least a water main extension and water reservoir, as applicable.
  4. The site for the water reservoir is to be dedicated to Council as part of any proposal for subdivision, with the exception of an application for Initial Subdivision.
5.4.2 Wastewater Treatment
  1. Other than an application for an Initial Subdivision, any application for development must include details of the applicable wastewater treatment system required to service the development or details of sewer connection to the property.

Note - a Wastewater Servicing Strategy, that was prepared in conjunction with a previous rezoning of the subject site, demonstrated that effluent disposal could be in the form of:

  • Individual site wastewater treatment systems;
  • A separate wastewater treatment system for the service centre and a centralised wastewater treatment system for industrial development; or
  • Connection to Council’s sewerage system, when available.

The recommendations of that Wastewater Servicing Strategy was for development to be serviced by individual wastewater treatment systems (package systems) installed on each individual lot and sized to accommodate the proposed developments wastewater usage.

  1. Any application for subdivision must include a Wastewater Management Plan for those lots which has been prepared by a suitably qualified consultant in accordance with the requirements of: AS1547 Onsite Domestic Wastewater Management; Environmental Heath and Protection Guideline Onsite Sewage Management for Single Households; and DECC Environmental Guideline Use of Treated Effluent for Irrigation. The report shall address soil and environmental constraints on each site and provide details of measures which will be undertaken to ensure that the system has no negative impact on the surrounding environment.
  2. Applications for development on individual lots where a Wastewater Management Plan was not prepared at the subdivision stage shall include a Wastewater Management Plan prepared by a suitably qualified consultant in accordance with the requirements of: AS1547 Onsite Domestic Wastewater Management; Environmental Heath and Protection Guideline Onsite Sewage Management for Single Households; and DECC Environmental Guideline Use of Treated Effluent for Irrigation. The report shall address soil and environmental constraints on the site and provide details of measures which will be undertaken to ensure that the system has no negative impact on the surrounding environment.
  3. Any application for development of the Highway Service Centre following the Initial Subdivision shall include a Wastewater Management Plan prepared by a suitably qualified consultant taking into consideration the requirements of: AS1547 Onsite Domestic Wastewater Management; Environmental Heath and Protection Guideline Onsite Sewage Management for Single Households; and DECC Environmental Guideline Use of Treated Effluent for Irrigation. The report shall address soil and environmental constraints on the site and provide details of measures which will be undertaken to ensure that the system has no negative impact on the surrounding environment.
  4. No development shall be approved within Stage 3 or Stage 4 of the development unless:
    1. it can be demonstrated that there are currently no, or will not be, unacceptable cumulative impacts (eg odour, health, buffer intrusion) from on-site wastewater treatment systems associated with development undertaken within the subject area; or
    2. reticulated sewerage services are available to the site.
  5. Buffers required around wastewater treatment systems are to be contained wholly on the lot that the system serves, so as to avoid sterilising development on neighbouring properties.

5.5 Stormwater Management

Desired Outcomes

DO1 - A Stormwater Management Plan is submitted with any development application, except for Initial Subdivision, demonstrating compliance with the relevant Desired Outcomes of this section.

DO2 - The stormwater system complies with the relevant requirements of:

DO3 - The stormwater drainage system is planned and designed to ensure that natural watercourses, associated vegetation and associated site topography are adequately considered and suitably maintained.

DO4 - Stormwater planning, including site layout and building design, is undertaken to ensure:

  • The design of the drainage system takes full account of the existing downstream systems;
  • A variety of controls (‘treatment trains’) are incorporated into the design of the system that minimise the impacts on water quality and quantity (where required) of stormwater runoff from the site;
  • The system is accessible and easily maintained, including ready access to system components located on private lands; and
  • The selection of materials, methodologies and mechanisms are based on their suitability, durability and cost-effectiveness, including ongoing maintenance costs.
Development Requirements
  1. The design protects natural watercourses and riparian corridors by avoiding disturbance, redirection, reshaping or modification of natural systems.
  2. A ‘Stormwater Management Plan’ (SMP) is submitted with any development application, except for Initial Subdivision, that demonstrates the development’s ability to meet the principles of Integrated Water Cycle Management in the design of the system and incorporates a variety of suitable:
    1. Water sources;
    2. Conveyance controls;
    3. Discharge controls;
    4. Water Quality Improvement Controls;
    5. Water Quantity Controls; and
    6. Demand Controls.

Note - the remainder of this section provides detailed requirements to address the above.

5.5.1 Stormwater Runoff Quality
Desired Outcomes

DO1 - Stormwater discharge to surface and underground receiving waters during construction activities and post-construction do not degrade the quality of receiving waters.

DO2 - The stormwater management system optimises the interception, retention and removal of water borne pollutants before their discharge to receiving waters.

DO3 - Point sources of pollution in the catchment are identified and their impacts minimised.

DO4 - Water quality improvement devices are provided for the treatment of stormwater run-off before discharge from the site and are located to minimise negative impacts on both the natural and built (including traffic management) environments.

Development Requirements
  1. The development shall incorporate water quality treatment mechanisms designed in accordance with the CSIRO document “Urban Stormwater: Best Practice Management Guidelines” (published 1999), or latest equivalent, to ensure the following targets are met.
Table D3-1: Stormwater Treatment Objectives
Pollutant Removal Target
Total Suspended Solids (TSS) 80% retention of the average annual load
Total Nitrogen (TN) 45% retention of the average annual load
Total Phosphorous (TP) 45% retention of the average annual load
Litter (>50mm) Provide mechanisms to retain litter from frequent flows.
Note: ‘Average annual load’ is the yearly weight of pollutants (kg/yr) from the developed site with no pollution controls installed.
  1. A range of treatment technologies are to be used to meet the removal targets. A quantitative analysis demonstrating compliance with these targets is to be submitted with any development application, except for Initial Subdivision.

    Note 1 - A number of software packages are available for this task, such as: MUSIC, SWMM, XP Storm, AQUALM XP, EMSS, AQUACYCLE and Switch. Some packages are more appropriate for different conditions.
    Note 2 - Proprietary devices such as gross pollutant traps, pit inserts or filtration technology may be considered to supplement the treatment train at various stages. This may have benefits in terms of reducing land occupied by water treatment devices; however, they are not to be considered as a replacement.
  2. Development complies with the sediment and erosion control requirements of Chapter B4 – Earthworks and Sediment Erosion Control
  3. The design of any proposed bio-retention basins/wetlands shall:
    1. have regard to the fact that Council will ultimately take ownership of the asset following construction; and
    2. be generally aligned approximately parallel to the contours adjacent to existing catchment outlets.
5.5.2 Water Quantity
Desired Outcomes

DO1 - Natural water bodies, waterways and vegetation are retained and protected from degradation caused by increased stormwater flows where required.

Development Requirements
  1. A variety of suitable source, conveyance and discharge controls are provided and utilised to minimise the increase and impact of stormwater flows, both for smaller (5yr ARI) through to larger (100yr ARI) rainfall events. The design shall demonstrate that post-development peak flow does not exceed pre-development peak flow.

    Note - The Stormwater Management Strategy included with the rezoning application for the subject land indicated that one way of achieving this requirement was for all new lots to be connected to their own detention tank/basin facility.
  2. Stormwater harvesting tanks shall be incorporated into future development in order to reduce potable water demand. Tanks shall be sized to accommodate the required onsite usage volume, and shall have a minimum volume of 5000L.
  3. As a minimum, water from the roofwater collection tanks is to be used for toilet flushing and watering of landscaping.

5.6 Environmental Conservation Zone Management

Desired Outcomes

DO1 - Buffers are provided Zone E2 - Environmental Conservation part of the subject site that:

  • Satisfy the remaining Desired Outcomes in this section; and
  • Accommodate the Asset Protection Zones complying with ‘Planning for Bushfire Protection 2006’; and
  • Provide an appropriate level of acoustic attenuation between noise generating uses and the Zone E2 land.

DO2 - The following management strategies are implemented, where relevant and practicable, in relation to land zoned E2 - Environmental Conservation:

  • A protective management regime that includes appropriate actions for the protection of Hunter-Macleay Dry Sclerophyll Forest;
  • Appropriate fire regimes (in areas that do not conflict with asset protection) to allow build up of grass and litter layers to facilitate conservation of flora and fauna;
  • Management regimes that promote the movement of fauna between connected landscape elements;
  • Appropriate procedures to manage identified noxious weeds, namely Lantana spp.;
  • Appropriate fire regimes in the peripheral asset protection zone to meet the required fuel standards for inner and outer protection areas in accordance with relevant bushfire protection legislation;
  • Where possible, the retention of on-ground refuge consisting of rocks and logs, and wherever appropriate, dense under-storey native vegetation; and
  • Strategies for reducing erosion.

DO3 - The following actions are implemented in relation to land zoned E2 - Environmental Conservation:

  • A habitat management plan is implemented in order to stabilise and protect existing wildlife habitat;
  • Grazing animals, such as cattle, are removed from the area to promote natural regeneration;
  • Protective barriers are installed, as required, to promote the recovery of habitat for native fauna and flora species;
  • Threatening processes are identified and, where required and as far as practicable, reduced or eliminated;
  • Non indigenous vegetation is removed using bush regeneration techniques, in order to improve the structure and ecological integrity of vegetation;
  • Any works within E2 Zone areas are designed to facilitate movement of fauna in an east-west movement;
  • A maintenance plan is adopted and actioned for the control of weed species colonising the E2 zone;
  • Stormwater is generally discharged away from bushland areas, but where discharge to bushland is unavoidable, measures are incorporated to mitigate the impacts of sediment and nutrient loads entering bushland and erosion;
  • Soil erosion impacts are reduced through application of best practice controls on soil movement, transport and protection during any development works and increased vegetation cover;
  • Establishment and maintenance of a bushfire trail and asset protections zones along the boundary of the E2 zone; and
  • Minimise illegal tree felling activities within the E2 zone.
Development Requirements
5.6.1 Conservation Management Plan
  1. A Habitat Management Plan, demonstrating how DO2 and DO3 above will be satisfied, is to be submitted with a development application for subdivision, except for an Initial Subdivision or Stage 1 subdivision.
5.6.2 Acoustic Buffer to Zone E2 - Environmental Conservation land
  1. No building shall be located within 35 metres of the boundary of the Zone E2 - Environmental Conservation Zone or such distance required to establish any bushfire APZ to the E2 zone.
  2. Where a building is proposed to have an opening facing the Zone E2 - Environmental Conservation land (other than a pedestrian access door or fire escape door) applications must demonstrate that an additional buffer width is not required to meet the acoustic objectives of the setback to the environmental protection land.

5.7 Hazards Management

Desired Outcomes

DO1 - Development complies with the relevant requirements of ‘Planning for Bushfire Protection 2006.’

DO2 - Developments adopt appropriate evacuation muster points and procedures for emergency situations.

Development Requirements
5.7.1 Asset Protection Zones
  1. Asset Protection Zones (APZ) shall be provided generally as shown on Plan 4 - Masterplan (refer to Appendix A) and maintained in accordance with the recommendations in Appendix B - Recommendations from Planning for Bushfire Protection Assessment, in particular, the Monitoring and Fuel Management Plan.
  2. Any perimeter fire trail shall be a minimum 6 metres wide and shall form an integral part of the APZ and shall be located adjoining the potential fire source with the remainder of the required APZ located between the fire trail and any buildings.
  3. APZ areas within industrial lots or the Highway Service Centre lots shall be secured by a restriction on title under section 88B.
  4. Where development is proposed on an industrial lot which is affected by or encompasses an APZ area, the development application shall include a hazard and risk assessment to determine whether the proposed development would unacceptably increase the risk of bushfire beyond that assessed at the subdivision stage.
  5. No APZ or any other fire protection measures shall be located within Zone E2 - Environmental Conservation.
  6. Development is to comply with the relevant recommendations contained in Appendix B - Recommendations from Planning for Bushfire Protection Assessment.
5.7.2 Industrial Hazards Management
  1. All developments are to have muster points for evacuation procedures.
  2. A central muster point/site evacuation point is to be provided at a highway service centre located generally as indicated in the diagram below.
Figure D3-2: Indicative Centralised Evacuation Muster PointFigure D3-2: Indicative Centralised Evacuation Muster Point
  1. Where hazardous materials are involved, the subject business premises are to have a written premises-specific emergency evacuation procedure, prepared in accordance with ‘AS3745-2010: Planning for Emergencies in Facilities’.
5.7.3 Emergency Access
  1. A perimeter fire trail for emergency access shall be provided around the interface between development on the site and the land within Zone E2 - Environmental Conservation. Access shall be provided to this fire trail from any proposed subdivision roads consistent with the principle reflected in Plan 4 - Masterplan (refer to Appendix A).
  2. The fire trail shall be located within the 10m Fire Trail Corridor which will form part of proposed Lot 2 as shown on Plan 2 - Initial Subdivision Plan (refer to Appendix A), shall not be located on land zoned E2 - Environmental Conservation and shall form an integral part of the required APZ to adjoining development.
  3. Stage 5 of the development as indicated on Plan 1 - Staging Plan (refer to Appendix A), which may occur on cessation of quarry operations on the site, shall incorporate provision for an additional access to the Pacific Highway for emergency purposes only.

5.8 Lot Sizes and Boundaries

Desired Outcomes

DO1 - The subject land is subdivided generally in accordance with Plan 4 - Masterplan (refer to Appendix A).

DO2 - Allotments in industrial zones are designed to accommodate development that meets the requirements of Chapter C5 - Industrial Development.

Development Requirements
5.8.1 Industrial Subdivision Lot Size
  1. A variety of lot sizes shall be provided for development on the site with larger lots where additional land is required for buffers or to address site constraints generally as indicated by Plan 4 - Masterplan (Appendix A)
  2. All industrial lots shall have a minimum frontage of 25 metres.
  3. Lot sizes shall generally be sufficient to ensure that all car parking, loading and unloading and manoeuvring of vehicles will occur on site.
  4. The useable area of any lot exclusive of areas affected by requirements for buffers under this DCP Chapter shall be not less than 1200 m².
  5. Minimum lot sizes shall be determined having regard to the requirements of Sections 5.4 - Infrastructure Servicing and 5.5 - Stormwater Requirements of this chapter.
5.8.2 Re-subdivision
  1. Future re-subdivision of the areas shown as Stages 3 and 4 on Plan 1 - Staging Plan (Appendix A) may be approved where reticulated sewerage services become available to the site and these stages are not affected by requirements to maintain effluent disposal areas.
  2. Any future re-subdivision within stages 3 and 4 which proposes lots smaller than those shown on Plan 4 - Masterplan (Appendix A) must also include the provision of the possible future road links as shown on that plan.
5.8.3 Highway Service Centre
  1. Future re-subdivision of the Highway Service Centre lot shall only be permitted where appropriate easements for access and services are to be created as part of the new subdivision.

5.9 Public Domain Requirements

Desired Outcomes

DO1 - Street trees are provided in accordance with:

  • a Street Tree Site Master Plan; and
  • the relevant requirements of Chapter B9 - Landscaping, particularly Section 5.0 of Chapter B9, as amended by the following requirements.

DO2 - On-site landscaping, particularly to the front of buildings and within large car parking areas, is provided in accordance with Section 7.1 of Chapter B9 - Landscaping.

Development Requirements
  1. A Street Tree Master Plan is to be submitted with the first application for subdivision development of the site and approved by Council. This requirement does not apply to an application for the Initial Subdivision Plan.
  2. Street trees shall be provided at a minimum average spacing of:
    1. one per 20 metres of frontage along the core roads shown on Plan 3; and
    2. one per 30 metres of frontage for all other industrial subdivision roads.

5.10 Industrial Buildings

Desired Outcomes

DO1 - Industrial development complies with the relevant requirements of Chapter C5 - Industrial Development, as amended by the following requirements.

Development Requirements
  1. Street setbacks for buildings shall be a minimum of 5 metres.
  2. There shall be no setback concessions for secondary street frontages.
  3. Where a building is proposed which will exceed a height of 10 metres, the development application shall demonstrate that the building will not be visible from the Pacific Highway or alternatively, provide evidence to the satisfaction of Council that the visible building elements will be visually acceptable in their context.

5.11 Signage

Desired Outcomes

DO1 - Advertising signs within the land subject to this chapter comply with the relevant requirements of Chapter B18 - Advertising and Tourist Signs, as amended by the following requirements.

Development Requirements
  1. Individual site pole signs are only to be provided for development on lots:
  2. where the site is greater than 2000 m²; and
  3. the sign is no more than 8 metres in height.
  4. Signage greater than 8 metres in height is restricted to signs relating to the Highway Service Centre and any combined directory sign for development which Council is satisfied will constitute a business park style development of industrial lots.
  5. Nothing in this plan prevents the erection of permanent estate entry signage within the road reserve entering the industrial subdivision from the RTA roundabout provided the estate entry sign forms an integral part of landscaping of the entry road and details are submitted to and approved by the Council.