PLANNING AND DEVELOPMENT ASSESSMENT REPORT SUMMARY & RECOMMENDATION COVER SHEET

DA Number DA2020/67

Local Government Area Moree Plains Shire Council

Proposed Development Temporary Accommodation Facility for Inland Rail Workers at Carmine Munro Avenue, Moree

Location Lot 6, 12 and 13 DP 1212873 Carmine Munro Avenue, Moree NSW 2400

Applicant/Owner Applicant - James Golsworthy Consulting Pty Ltd

Landowner – Moree Plains Shire Council

Number of Submissions Nil

List of All Relevant 4.15(1)(a) Matters

- Moree Plains Local Environmental Plan 2011

- Moree Plains Development Control Plan 2013

- The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality.

- The suitability of the site for the development.

- Submissions made in accordance with the EPA Act or EPA Regulation.

- The public interest.

- State Environmental Planning Policies considered include SEPP – Infrastructure an SEPP 64 – Advertising and Signage

Recommendation That DA No. 2020/67 be approved subject to the imposition of conditions in Attachment 1.

Report by

Signature

Jocelyn Ullman, Planner

............................................................................................

checked and endorsed by

Planning Officer: D.Boyce

Building Officer: ……………………………………………………..

Environmental Health Officer: ……………………………………..

PLANNING REPORT

PREAMBLE

1. Land and Environment Court Planning Principles

Planning principles are a set of guiding considerations arising from the judgement of the Land and Environment Court of NSW. The purpose of planning principles is to provide a list of appropriate matters to be considered in making a planning decision. Planning principles are widely used by Councils and the Department of Planning and in the assessment of this development relevant planning principles have been taken into consideration in relation to the proposed development. Direct Factory Outlets Homebush v Strathfield Municipal Council [2006] NSWLEC 318 Davies v Penrith City Council [2013] NSWLEC 1141 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 BGP Properties Pty Limited v Lake Macquarie City Council (2004) NSWLEC 399

2. Description of Proposal

Proposed Temporary Accommodation Facility to house 352 beds which will accommodate employees associated with the Inland Rail project. The Accommodation Facility will not provide accommodation for individuals other than those associated with the Inland Rail and is required for approximately three to five years. The proposal also includes:

Site preparation works including earthworks;

Construction of new internal roads, footpaths and parking and establishment of accommodation (88 buildings) and support buildings (3 short laundries, 1 reception and 1 gym);

Landscaping works; and

New vehicular entry and exit point on Carmine Munro Avenue.

3. Site Description & Surrounding Land Uses

The site is surrounded by the Moree Airport to the south, residential land to the north-west, abuts the Newell Highway to the east and business enterprise corridor land directly surrounding and to the south-east. The proposal is considered to be suitable in the locality.

4. Statutory Development Assessment Framework

4.1. Permissibility

Local development As can be seen in the figure below, the site is zoned B6 – Enterprise Corridor under Moree Plains Local Environmental Plan 2011 (LEP). The development proposal is permissible development pursuant to the LEP Land Use Table.

4.2. Public Participation

The proposed development was advertised in the local newspaper, Council’s website and notified to adjoining property owners from 17 December 2020 to 1 February 2021. During this time, no submissions were received. The Applicant and Trans4M Rail held two public meetings for local accommodation providers facilitated by Council and Moree Tourism. Direct engagement is continuing between the applicant, Trans4M Rail and the community.

4.3. Referrals

The proposed development was referred to the following external organisations:

NSW Police Force (submission received);

NSW Government – Health – Hunter New England Local Health District (submission received);

Bureau of Meteorology (BOM) (no response received). The two submissions raised the following main points, which have been considered and addressed through the application of conditions:

Consideration be given to the provision of medical services, in addition to those provided at the Moree Hospital and community;

Boundary fencing, secured gateways, appropriate lighting and appropriate security measures.

Although a response was not received from BOM a condition is recommended to address BOM requirements.

4.4. Section 4.15 assessment

In determining a DA, a consent authority is to take into consideration matters referred to in S.4.15 of the EP&A Act as are of relevance to the development the subject of the application. The relevant matters for this application are detailed below:

a) Section 4.15 (1) (a)(i)(ii)(iii)(iiia)(iv) - environmental planning instruments; any proposed instrument that is or has been the subject of public consultation

Figure 1. Land Use Zoning B6 – Enterprise Corridor

Subject site

under this Act and that has been notified to the consent authority, any development control plan, and any planning agreement entered into under Section 7.4 or any draft planning agreement that a developer has offered to enter into under Section 7.4, the Regulations, any coastal zone management plan;

Environmental Planning and Assessment Regulations 2000

N/A

Moree Plains Local Environmental Plan 2011 (LEP)

Land Use Table The land is zoned B6_Enterprise Corridor under the LEP. The zone objectives as provided in the Land Use Table are:

To promote businesses along main roads and to encourage a mix of compatible uses.

To provide a range of employment uses (including business, office, retail and light industrial uses).

To maintain the economic strength of centres by limiting retailing activity.

To provide for residential uses, but only as part of a mixed use development.

To improve the presentation of the major access corridors into Moree.

Under clause 2.3(2) of the LEP, the consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone. It is considered that the proposed Temporary Accommodation Facility is consistent with the objectives of the land use zone.

The proposed development is permissible with consent in the B6_ Enterprise Corridor zone as an innominate (undefined) use within the zone for the purposes of a Temporary Accommodation Facility. Clause 7.1 Earthworks The proposed development includes site preparation works including earthworks. The buildings being established on the land will be relocatable and established on stumps rather than concrete slabs. The main extent of the earthworks will relate to the construction of the internal road and car parking area, it is not considered that it will have a significant impact on the future use of the land or the amenity of adjoining properties. Drainage has been considered and addressed appropriately through the conditions of consent. No earthworks will be undertaken more than 600mm.

Clause 7.3 Airspace Operations The highest building within the village is approximately 3m in height which will not penetrate the Limitation or Operations Surface of the airport.

Clause 7.4 Development in areas subject to aircraft noise The proposed development is located on land that is near the Moree Airport and is partially affected by the 20 ANEF contour, see Figure 2. The management of the rooms impacted, such as no night shift workers being included in these rooms could resolve

any issues associated with noise impacts from the airport. In addition to this, airport traffic is generally through the day and therefore management of accommodation can be achieved. It is also noted that the use is temporary and is not expected to be in place for any longer than five years and will be removed upon completion.

Clause 7.5 Development in the vicinity of Moree Meteorological Station The proposed development is located approximately 270m from the Moree Meteorological Station, as such was referred to Bureau of Meteorology (BOM) for comment. No response was received, however a condition has been recommended to address BOM requirements.

Clause 7.7 Places of Aboriginal cultural significance The development is not located on land identified as “place of Aboriginal cultural significance”.

Moree Plains Development Control Plan 2013 (DCP)

Chapter 11 Gateway Precinct of the Moree Planning Development Control Plan 2013 (DCP) has been considered. Given the temporary use of the land, it is considered that appropriate landscaping of the site is to be undertaken. A Landscape Plan is to be developed and approved to the satisfaction of Council. The proposed development complies with all other aspects of DCP.

b) Section 4.15 (1)(b) – the likely impacts of the development, including environmental impacts on both the natural and built environments, and social and economic impacts on the locality:

Figure 2. Moree Airport ANEF Contours

Subject site

20 ANEF contour

It is considered that the likely impacts of the development including location, design, connection to services, height, car parking, traffic and drainage have been satisfactorily addressed.

The proposed development has been considered against potential social impact matters including:

Way of Life – Given the temporary nature of the development it is not expected that how people live, work, play or interact with one another on a daily basis will be significantly impacted.

Community – The Inland Rail – Social Delivery Plan – Housing and Accommodation Sub-Plan identifies that potential fluctuation of rental housing prices, lack of tourist accommodation, reduced rental housing availability for low income households are some of the potential impacts of not providing a temporary accommodation facility for the construction of the Inland Rail.

Access to and use of infrastructure, services and facilities – Consideration has been given to the potential impacts in infrastructure, services and facilities. Appropriate infrastructure contributions should be applied to the development with matters such as community safety and access to medical services being addressed through a Management Plan required as part of the development consent.

Culture – The development is not expected to adversely impact culture of the Moree community.

Health and wellbeing – A condition of consent requiring a Management Plan that addresses the potential impact on community safety and access to medical services is to be required as a condition of consent. The Facility includes a recreation room and gym and is an alcohol free site.

Surroundings – Given the temporary nature of the development it is not expected to adversely impact on the surroundings.

Personal and property rights – The development is not expected to have an unreasonable impact on personal or property rights.

Fears and aspirations – The development facilitates the delivery of the Inland Rail, which has been identified as supporting the economic aspirations of the community, the State and Nationally. Good management of the Facility, in line with industry best practice, will assist in mitigating any fears the local community may have.

The proposed development has been considered against potential economic impact matters. The positive economic benefits of the Inland Rail project are well established and have been extensively considered through the EIS for that project. The use of Moree as the centre of operations by Trans4M Rail, bringing up to 400 FTE positions is expected to have a positive direct employment benefit to the community with secondary economic benefits from drive-in/drive-out ahd fly-in/fly-out workers accessing local services and facilities during the three-five year construction period. The development is aimed at increasing immediate supply of accommodation to facilitate the construction of the Inland Rail. It is noted that the Facility is proposed to cater for 352 beds, yet the Social Delivery Plan – Housing and Accommodation Sub-Plan prepared for the Inland Rail project modelled and considered the impact of a 300 bed Accommodation Facility. As a result, it is recommended that the total capacity of the Facility is not to exceed 300 beds. A further development application or modification may be lodged if supported by a

modified Social Delivery Plan – Housing and Accommodation that considers and addresses satisfactorily the increase in beds.

c) Section 4.15 (1)(c) - the suitability of the site for development;

In considering the suitability of the site for the development Council should have regard to the zoning of the site and its objectives under the current environmental planning instrument (LEP) and the permissibility of the development under the LEP.

The subject site is zoned B6 Enterprise Corridor.

In terms of assessing the ‘weight’ to be given to the zoning in assessing the appropriateness of the proposed development, direction has been taken from the planning principles adopted by the Land and Environment Court of NSW.

BGP Properties Pty Limited v Lake Macquarie City Council (2004) NSWLEC 399

In this case, McClellan CJ found that: • ‘In the ordinary course, where by its zoning land has been identified as generally suitable

for a particular purpose, weight must be given to that zoning in the resolution of a dispute as to the appropriate development of any site.’

• ‘If the zoning is not given weight, the integrity of the planning process provided by the legislation would be seriously threatened.’

• ‘Although the fact that a particular use may be permissible is a neutral factor (see Mobil Oil Australia Ltd v Baulkham Hills Shire Council (No 2) 1971 28 LGRA 374 at 379), planning decisions must generally reflect an assumption that, in some form, development which is consistent with the zoning will be permitted.’

The site for the proposed Facility has been chosen to ensure adequate separation to existing residential dwellings can be maintained. The site adjoins the Newell Highway providing ease of access to the Inland Rail project and also within close proximity to the Moree Airport allowing part of the workforce to have immediate access to the Facility. The proposal is considered to meet the objectives of the B6 – Enterprise Corridor zone, is temporary in nature, complies with the requirements of the LEP in relation to airspace operations and Moree Meteorological Station and performance outcomes of the DCP. On this basis the development is considered generally appropriate for the site.

d) Section 4.15C (1) (d) – any submissions made in accordance with the Act or the Regulations; As discussed previously.

e) Section 4.15C (1) (e) – the public interest. The proposal has been designed in line with the adopted standards of the DCP and as such, development consent of this proposal will not undermine the public interest.

5. Recommendation

It is recommended that DA2020/67 be approved subject to conditions (Attachment 4).

Local Development Performance Monitoring Checklist (To be filled out by Assessing Officer at time of Approval)

DA Number: DA2020/67 Assessing Officer: Jocelyn Ullman

1. Concurrence: ☐ Yes ☒ No

2. Section 96 Category: ☒ Not Relevant

☐ Other Section 96

☐ Minor Error or Misdescription

☐ Minimal Environmental impact

☐ Other Modification

3. Private Assessment: ☒ Yes ☐ No

4. Use of Independent Hearing and Assessment Panel (IHAP):

☐ Yes ☒ No

5. Pre DA Meeting Held: ☒ Yes ☐ No

6. Change of Use: ☐ Yes ☒ No

7. Number of Submissions: 0

8. Integrated/Designated/Local: ☐ Designated

☐ Integrated/Designated

☐ Integrated

☒ Local

9. Appeal Arbitrator Decision: if No, go to Q.13 ☐ Yes ☒ No

10. Date Planning Arbitrator Appointed:

11. Date Determined by Planning Arbitrator:

12. Planning Arbitrator Decision: ☐ Approved

☐ Refused

☐ Withdrawn/Cancelled

13. Codes SEPP for CDC: ☐ SEPP

☒ Council Control