Valhalla Village Pty Ltd v Wyong Shire Council

[2008] NSWLEC 1476

Land and Environment Court

of New South Wales

CITATION:

Valhalla Village Pty Ltd v Wyong Shire Council [2008] NSWLEC 1476

PARTIES:

APPLICANT
Valhalla Village Pty Ltd

RESPONDENT
Wyong Shire Council

FILE NUMBER(S):

11054 of 2007

CORAM:

Hussey C

KEY ISSUES:

Development Application :- Extension of caravan park, adequacy of details, sewer connection, ecological impacts, social impacts, traffic, public interest.

LEGISLATION CITED:

Wyong Local Environmental Plan 1991
Wyong Development Control Plan 2005
Local Government (Manufactured Homes Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005
Council Policy G1 – Green Corridors
SEPP No 21 – Caravan Parks
SEPP No 71 – Coastal Protection
Guidelines for the location of caravan parks accommodating long-term residents 1986
Threatened Species Conservation Act (1995)
Environmental Planning and Assessment Act 1979
Planning for Bushfire Protection 2006

DATES OF HEARING:

18/01/05 13/05/08 21/05/08 06/08/08 14/08/08-15/08/08

 
DATE OF JUDGMENT: 

3 December 2008

LEGAL REPRESENTATIVES:

APPLICANT
Mr P Donnellan (Solicitor)
PJ Donnellan & Co

RESPONDENT
Mr J Cole (Solicitor)
HWL Ebsworth Lawyers

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Hussey C

3 December 2008

11054 of 2007 Valhalla Village Pty Limited v Wyong Shire Council.

JUDGMENT

Background

1 This appeal is against Council’s refusal of a development application for the addition of 166 permanent dwelling sites to the Valhalla Village Caravan Park located at Mulloway Road, Chain Valley Bay. The park currently contains 258 permanent sites.

2 The application was amended during the assessment process and finally recommended for conditional approval, including connection to Council’s sewer system as backup to the STP and for improved environmental protection. However Council refused the application and a number of issues were initially identified, which can be summarised as follows:

• Adequacy of information and inconsistencies with the proposals integration with existing works. This includes details of the sewage disposal system and bushfire protection measures.
• Impact on native vegetation, fauna and adjacent wildlife corridor.
• ESD compliance.
• Over development of the site relative to provisions of the scenic protection zone.
• Inconsistent with future planning strategy.
• Adverse social impacts and poor internal amenity.
• Traffic.
• Public interest.

3 Following consideration of these matters, together with conferencing by the parties, a number of further amendments were undertaken and presented by the applicant. This resulted in council’s basic acceptance of the amended layout for approval, subject to appropriate conditions. Further negotiations by the parties resulted in agreed conditions, with the remaining contentious ones comprising:

• The sewage control system.
• Rehabilitation of the effluent pond area and integration with the wildlife corridor.
• Provision and location of an external footpath.

4 In the ultimate, the parties agreed to consent orders.

The site

5 This site is situated on the southern side of Mulloway Road, Chain Valley Bay, which is in the northern part of Wyong Shire. It comprises Lot 274 DP 755266, which has a total area of 16.18 ha and a road frontage of 244 m and contains the existing long-term caravan park, comprising the 258 permanent sites.

6 The adjoining lot is Lot 339 DP 755266, which has an area of 11.83 ha. This lot contains a mixture of retained native vegetation, including a mixture of woodland, open forest and Swamp Sclerophyll Forest on coastal floodplains (noted as an Endangered Ecological Community – EEC). It also includes a number of improvements used in conjunction with the caravan park.

7 The land generally slopes from north to south where it borders onto Karignan Creek. Approximately 4 ha adjacent to this creek forms part of the EEC.

8 This proposal is for:

• The addition of 166 permanent dwelling sites.
• The clearing of approximately 4.5 ha of native vegetation and substantial modification of a further 2.3 ha of native vegetation.
• Approval of all existing structures, uses and works located on Lot 274.
• The relocation of 41 site “entitlements” from the western part of Lot 274 to Lot 339.
• The staged decommissioning of the existing on-site sewage treatment plant and connection to Council’ sewer.
• Conversion of the existing sewer treatment ponds into stormwater management and retention ponds.
• Demolition of existing dwelling and sheds on Lot 339.
• Construction of internal roads, car parking, drainage and services.
• Construction of emergency access road along eastern boundary of Lot 339 and an additional emergency egress to Mulloway Road on Lot 274.
• Retention of a 40m vegetated buffer on the northern boundary of Lot 339 adjacent to Mulloway Road and the provision of a 20 m wide Asset Protection Zone adjacent to the vegetated buffer on the northern boundary of Lot 339.
• Retention of a total of 7.82 ha of land for Open Space (Retained Vegetation) at the rear of Lots 274 and 339, including retention of approximately 4 ha of Swamp Sclerophyll Forest EEC vegetation.

9 The following controls are relevant:

• Wyong Local Environmental Plan 1991; under which the site is zoned 7(b) Scenic Protection and “caravan parks” are permitted with consent.
• Wyong Development Control Plan 2005; in which the following controls are relevant:
  i) Chapter 13 – Interim Conservation Areas.
  ii) Chapter 14 – Tree Management.
  iii) Chapter 23 – Caravan Parks.
  iv) Chapter 30 – Wetlands.
  v) Chapter 67 – Engineering requirements.
  vi) Chapter 70 - Notification of Development Proposals.
• Council Policy G1 – Green Corridors.
• SEPP No 21 – Caravan Parks.
• SEPP No 71 – Coastal Protection.
• Local Government (Manufactured Homes Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.
• Circular 108 – Guidelines for the location of caravan parks accommodating long-term residents 1986.
• Threatened Species Conservation Act (1995).

10 As I noted initially, conferencing by the parties resulted in agreement to the proposed caravan park extension layout proposal and subsequently to the conditions of consent. Notwithstanding these agreements, there were a number of objections lodged and these are generally related to the initial issues. Accordingly, I have assessed the evidence on the following basis.

Planning framework

11 The assessment of this proposal requires the consideration of a number of associated planning controls. Considering the agreements reached by the parties, I rely on the following submissions regarding the satisfactory consideration and assessment required by these controls, which have been dealt with on the following basis.

Environmental Planning and Assessment Act 1979 - Integrated Development;

12 Pursuant to section 91, the development application was referred to the Mine Subsidence Board, which granted its approval on 4 November 2005 with no requirements to be reflected in the conditions of consent.

Environmental Planning and Assessment Act 1979;

13 Pursuant to section 79BA, the Rural Fire Service of NSW raised no objection to the proposed development subject to the imposition of appropriate conditions of consent. The conditions are now agreed.

State Environmental Planning Policy No 21 - Caravan Parks;

14 Clause 10 of SEPP 21 specifies the following matters to be considered by Council prior to determination of an application:

( a) whether, because of its location or character, the land concerned is particularly suitable for use as a caravan park for tourists or for long-term residents:

15 The subject site is located approximately 800 m from the shores of Lake Macquarie and is within close proximity to major shopping centres, bowling club, RSL Club, medical centre and three hospitals. Public transport is available via Busways or residents will utilise private vehicles or the regular village community bus service, which is provided by the caravan park. The location of the caravan park allows for adequate community and recreational facilities to be provided for the residents along with adequately sized areas for long-term residences.

16 Access to local services and facilities will be substantially enhanced by the provision of approximately 660m of cycleway in a location consistent with Council’s draft Cycleway Strategy.

(b) whether, there is adequate provision for tourist accommodation in the locality of that land, and whether existing and potential tourist accommodation will be displaced by the use of sites for long-term residence:

17 Valhalla Village, the existing caravan park, was subject to a development application in 1996 changing the use from tourist accommodation to long-term sites. The 1996 approval allows 300 permanent, long term living sites. Short-term, tourist or holiday letting sites are not available within the Village nor are they proposed as part of the expansion. Therefore there is no potential for significant impact on the existing or potential supply of short term tourist accommodation. The development is not in an area where there is significant demand for short term tourist accommodation

(c) whether, there is adequate low-cost housing, or land available for low-cost housing, in that locality:

18 The additional long-term dwelling sites will provide a form of alternative housing within the locality whilst the caravan park operates. The Court has not specifically considered the issue of whether or not the proposal qualifies as low-cost housing, but given the zoning does not permit residential development of other types, the proposal is not expected to impact on land available for low-cost housing.

(d) whether necessary community facilities and services are available within the caravan park to which the development application relates or in the locality (or both) and whether those facilities and services are reasonably accessible to the occupants of the caravan park:

19 The existing caravan park makes provision for adequate open space and recreational facilities such as tennis courts, swimming pool, bowling green, large undercover BBQ area, croquet lawns, internal radio station providing community announcements, weather warnings and music, fully equipped workshop, residential social club and craft groups that raise money and donate to various charity groups and community hall. Therefore these requirements are satisfied.

State Environmental Planning Policy No. 71 - Coastal Protection;

20 Lot 274, upon which the existing development stands, is classified as "sensitive coastal location" and "coastal protection" whilst Lot 339, upon which the new caravan park sites are proposed, is not affected by SEPP 71. Works that will take place on Lot 274 within the coastal protection zone include the works required for the connection of the development to the sewer and rehabilitation works as a consequence, and certain internal road works.

21 Taking into account the matters for consideration set out in cl 8 of SEPP 71, the proposed development is satisfactory in that the works are of a sort that will not detrimentally affect the environmental quality of the area and will in fact enhance it.

22 The expansion of the caravan park on Lot 339, the additions to community facilities and the proposed works connecting the existing as well as the proposed development to the sewer will not have any detrimental impact on the amenity of the coastal foreshore.

Local Government (Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005;

23 The proposal complies with the requirements of Division 3 Subdivisions 1-4 of the Regulation. Conditions of consent require compliance with Division 3 Subdivision 5-8.

Circular 108 - Guidelines for location of caravan parks accommodating long-term residents 1986;

24 Circular 108 provides guidelines to assist local government in assessing development, which incorporates long-term residents. The guidelines deal with location criteria, environmental impact and the relationship of park design and landscaping to the quality of the overall development outcome.

25 The existing caravan park and the proposed expansion will provide numerous recreational facilities, adequate utility services and safe traffic movement. Because of the provision of private transport by bus and car to the residents of the park, they will have the same level of access to the same level of services that occupants of conventional housing in the same locality would have.

26 It is noted however that such a significant expansion of residential development would ordinarily be achieved through a rezoning supported by strategic planning for both soft and hard infrastructure upgrades and development of specific contribution plans. Development consent conditions including enhancement of native vegetation and the provision of approximately 660m of cycleway assist in the provision of access to local services and facilities for future residence, providing a development outcome that is consistent with Circular No 108.

27 It is further noted that the area has not been included within previous council planning strategies for significant residential development.

28 The connection of the existing park to the council's reticulated sewerage system will provide an environmentally sensitive outcome for the site with some advantages over what presently exists.

Wyong Local Environmental Plan 1991;

29 Under this LEP, the site is zoned 7(b) (Scenic Protection Zone). The following zone objectives apply and have been assessed on the following basis. The zone objectives are to restrict the type and scale of development which will be carried out on land possessing scenic values to that unlikely to:

a) prejudice the present scenic quality of the land within this zone,

30 Approximately 5 ha of the total site area of Lot 339 (11.83 ha) will be developed. The development will not encroach on the swamp forest at the rear of the site and an 40m vegetation buffer will be retained on the northern boundary of the site together with additional landscaping in the cleared areas in front of the existing park. The retention and augmentation of vegetation along the boundaries of Lots 274 and 339 are sufficient for the achievement of on-going preservation of the scenic quality of the area.

b) generate significant additional traffic or create or increase a condition of ribbon development on any road relative to the capacity and safety of the road.

31 The traffic report and additional traffic information provided by the consultant traffic engineer established that peak generation rates were generally 10% of daily traffic generation. This equates to between 0.14 and 0.19 vehicle trips per site during the morning and afternoon peak hours. These figures establish that there will be no significant increase in traffic generation as a result of the development.

32 The capacity and safety of the road with regard to the proposed development are satisfactory having regard to the upgrading works to the road in front of the development required by the conditions of consent and having regard to the provision of transport for the residents of the park by means of a medium sized bus and courtesy car

c) prejudice the viability of existing commercial centres;

33 The development has no potential to prejudice the viability of any existing commercial centres in the locality.

d) have an adverse impact on the region's water resources .

34 The development proposes the connection of the existing development and the proposed development to the Council's reticulated sewerage system. This will reduce the likelihood of any negative impact on Karignan Creek. The proposal also incorporates a scheme for the decommissioning of the existing sewage treatment plant and the utilisation of some of the detention ponds presently associated with those works in an effective greywater re-use system for flushing and irrigation which is likely to reduce demand on the council's reticulated water supply.

35 Therefore, the proposed development is consistent with the objectives of the zone and is permissible, with Council’s consent. On the evidence, I am satisfied this application is consistent with this requirement.

36 The proposed expansion to the existing Valhalla Village will not prejudice the scenic quality of the land or adjoining lands given that residential properties within the area are primarily located toward the western end of Mulloway Road, does not generate significant additional traffic nor does it impact on the region’s water resources.

Permissibility within the Zoning;

37 The definition of a “Caravan Park” under Wyong Shire Council’s Local Environmental Plan 1991 is as follows:

“means land used as a site for moveable dwellings, including tents and caravans or other vehicles used for temporary or permanent accommodation or the erection, assembly or placement of cabins for temporary accommodation of tourists ”

38 Therefore, the existing and proposed development falls within the parameters of a “Caravan Park” under the provisions of Wyong Shire Council’s Local Environmental Plan 1991. It was put in one of the public submissions that the development is for the purposes of "housing for older persons or persons with a disability" and is therefore prohibited, but this argument was not pursued by the parties on the basis that the development is for the purposes of a caravan park. I therefore rely on this approach.

Clause 15 – Development on land containing acid sulphate soils ;

39 The proposed site is classified as class 2 on the Acid Sulphate Soils Planning Map which requires any works below the natural ground surface and works by which the water table is likely to be lowered to be accompanied by a preliminary acid sulphate assessment.

40 An acid sulphate soil assessment was undertaken by suitably qualified consultants who found that no known occurrence of acid sulphate soil was found within the site, except in the immediate vicinity of Karignan Creek and the residual origin of the majority of soils encountered in the bores indicated that acid sulphate soil conditions, were not present at the site. The proposal will not adversely impact on this.

Clause 28 – Tree Management: (See also Chapter 14 of DCP 2005);

41 Tree and vegetation removal is proposed within Lot 339 to allow for the proposed expansion to Valhalla Village, however landscape replenishment and tree retention is proposed to ensure the development is softened when viewed from Mulloway Road and adjoining properties. In particular, tree and vegetation retention is proposed within the 40 m wide front setback and in the 40 m wide rehabilitation area in the southern part of the site whilst ensuring compliance with the requirements of Planning for Bushfire Protection 2006 given that this area is to be established and managed as an asset protection zone.

42 A combined, integrated report has been prepared by Conacher Travers and addresses the requirements of this clause including Development Control Plan No’s. 13 – Interim Conservation Areas, 14 – Tree Management and 30 – Wyong Shire Wetlands. A copy of this Report is attached to the development application as is a SULE Assessment prepared by Advanced Treescape Consulting. This Report has clearly indicated that Wyong Shire Council’s DCP No. 14 – Tree Management aims to protect trees for their environmental, heritage and landscape value.

43 The Flora and Fauna Assessment contained within the combined report prepared by Conacher Travers and submitted as part of the development application concluded that no threatened flora species were observed, one threatened fauna species, the Wallum Froglet was recorded, one endangered ecological community – Swamp Sclerophyll Forest on Coastal Floodplains is present on the subject site. However the proposed development is not likely to have a significant effect on threatened species, populations, endangered ecological communities or their habitats.

44 It is noted that approximately 100 hollow bearing trees will be required to be removed to permit the development. However, amelioration measures such as erecting nest boxes or hollow branches in retained areas are suggested to replace the hollow bearing trees required for removal including the implementation of a program for inspection and supervision by an Ecologist for clearing of hollow bearing trees to reduce injury to fauna which may be occupying the tree hollows.

45 Conacher Travers also concluded that a Species Impact Statement would not be required nor should the application require referral to Environment Australia.

46 The parties rely on these conclusions and on balance, when considered with specific measures to permanently maintain and enhance vegetation and wildlife corridors to the north and south of the site the amended proposal is satisfactory in respect of this issue.

Services

47 Clause 29 of this LEP states that Council shall not grant development consent unless arrangements satisfactory to the Council have been made for the provision of water and sewer services.

48 It is proposed to connect the existing caravan park as well as the proposed development to the council's reticulated sewerage system. Council's reticulated water supply system services the site and there is a proposal in the Water Management Plan of Trehy Ingold and Neate dated 19 September, 2008, for recycling of grey water for domestic use and stormwater for irrigation purposes. The agreed conditions address this matter.

Council Development Control Plan 2005
Chapter 23 - Caravan Parks;

49 The proposed development complies with the parameters in clause 3 as it is not located in an open space zone, it is within approximately 450 m of the nearest urban zone, it is approximately 800 m from the foreshore of Lake Macquarie and it is not located in a water catchment area. The site has previously been identified as of environmental significance containing both an Endangered Ecological Community and habitat for a specific threatened species, as well as being located within an area providing a significant corridor of native vegetation. Accordingly, the amended proposal has been supported by Council based on achieving an acceptable balance with the permanent conservation and enhancement of significant lands to the south of the site to assist with the provision of a viable wildlife corridor in this area.

50 Whilst the proposal does not comply with cl 5, which provides that there should not be more than 250 long term sites in a caravan park, nevertheless, caravan parks that exceed this size can be considered on their merits. The variation of 69.9% to the standard has been supported following extensive negotiations resulting in improved environmental (sewer connection, establishment of permanent conservation areas and improvements) and social (internal amenity, provision of cycleway, landscaping) outcomes particular to the nature of the specific amended proposal and site.

51 Clause 6 provides three (3) criteria for consideration when there is an application to increase the number of long term sites in a caravan park: impact on servicing strategies (water and sewer), social impact and impact on community facilities and services.

52 The proposed increase will not prejudice the supply of sites for short term residents in other parts of the Shire of Wyong, the existing water supply system can adequately provide water to the proposal which itself contains a sophisticated water-saving recapture system resulting in reduced demand upon the potable water supply and it is proposed to connect to the Council's sewer system and decommission the on-site treatment plant with the resultant better environmental outcome.

53 It is noted that during the course of these proceedings, Council finalised the exhibition and adoption of a significantly amended DCP 2005 – Chapter 23 Caravan Parks. A key aim of this amended DCP control is to oppose the creation and expansion of permanent residential caravan parks, unless a proposal could be demonstrated to provide for affordable housing, an issue that was not specifically considered by the Court in this case.

Chapter 13 - Interim Conservation Areas;

54 The amended proposal complies with the objectives outlined in clause 1.3 of Chapter 13. The environmental quality of the area will be improved through the connection of the existing park as well as the proposed park to the Council's sewer system and the decommissioning of the existing on-site treatment plant and rehabilitation and permanent conservation of the adjacent important vegetation corridor. The enhancement of a permanent east-west corridor is considered to represent a reasonable balance for the removal of part of the existing north-south corridor on Lot 339.

Principles of Ecologically Sustainable Development;

55 The proposed development incorporates satisfactory stormwater, drainage and erosion control and the retention and rehabilitation of vegetation and is unlikely to have any significant adverse effects on the environment and will likely not decrease environmental quality for future generations. The proposal will likely not result in the disturbance of any endangered fauna or flora habitats and unlikely to affect fluvial environments.

56 Council support for the amended proposal is based on improved environmental (sewer connection, establishment of permanent conservation areas) and internal social improvements. The specific conditions of consent ensure a reasonable balance between economic, social and environmental concerns is achieved.

Section 79 C of the Environmental Planning and Assessment Act;

57 As required by Section 79C(1) of the EP & A Act concerning the likely impact of the development, the primary matters considered in relation to this proposal are as follows:

Context and Setting;

58 The proposed development is consistent with surrounding rural/residential development. The scenic quality of the land will not be compromised given the proposed 40 m wide front setback from Mulloway Road, retention and restoration of vegetation and trees where practicable including an absence of developed land immediately adjoining and adjacent Valhalla Village.

59 It is noted that strategic planning for the area has not previously considered this area suitable for significant residential expansion for a combination of locational and environmental reasons.

Access and Traffic;

60 A combined entry/exit, 14 m wide, is currently utilised by the existing Valhalla Village. The continuance of this entry/exit point is proposed to be utilised for the proposed expansion area and will connect with the existing and proposed cyclical internal road network.

61 The combined entry/exit point and internal road networks are bitumen sealed and this material will be utilised for the proposed road networks within the expansion area.

62 A Traffic Assessment Report study for the proposed development by BJ Bradley & Associates and forming part of the development application concluded that traffic impacts on Mulloway Road and Pacific Highway as a result of the proposed development would be negligible. Therefore, no substantive grounds were presented to refuse the application on traffic impacts.

Utilities ;

63 Utility services are available to both allotments. The Energy Australia Sub-Station and main switchboard has been modified to handle the additional demands generated by the new dwelling sites within Lot 339.

Water;

64 Currently, a reticulated water supply services the existing Valhalla Village and the continuance of this situation is proposed for the expansion area. The existing and future dwellings will be connected to Council’s Sewage System. In addition, the re-use of stormwater is proposed to reduce the impact to the existing reticulated supply.

Soils;

65 A detailed Site and Soil Assessment has been carried to determine the presence, if any, of acid sulphate soils. The report concluded that the site was not affected by acid sulphate soils. Suitable erosion and sediment control devices will be erected in all areas subject to ground disturbance. All controls will remain on site until vegetation ground cover is established or the soil surface is stabilised.

Flora and Fauna;

66 The combined, integrated report prepared by Conacher Travers previously referred to includes a Conservation Assessment, Flora & Fauna Assessment, Vegetation Management Plan and Tree Report forms part of the development application. On balance, the provision of permanently conserved and enhanced native vegetation supports the removal of approximately 5 ha of native vegetation including trees from Lot 339.

Waste;

67 An existing Sewage Treatment Plant currently services the existing Valhalla Village. It is proposed to decommission this plant after connecting the existing park and the proposed development to the Council's reticulated sewerage system.

68 Each dwelling site is provided with the appropriate garbage waste and recycling bins. All green waste recycling is undertaken onsite via various mulching practices and will continue for the proposed expansion area.

69 The existing communal waste management bin storage area has been adequately sealed with concrete and this area is proposed to be slightly expanded to accommodate the additional bins required to service the proposed expansion area.

Natural Hazards;

70 A Bushfire Hazard Assessment has been prepared by Conacher Travers and forms part of the development application. Specific development consent conditions consistent with Planning for Bushfire Protection (2006) have been included to manage bushfire risk.

Social Impact in the Locality;

71 In accordance with the requirements of the Environmental Planning and Assessment Act, 1979 the following Social Impact Assessment has been prepared which addresses the information and matters considered relevant as a result of the proposed development.

72 For planning purposes, Wyong Shire Local Government Area has been broken up into ten social planning districts. The planning districts vary in size and population; however, they generally provide a broad indication of catchment boundaries for the identification of local community relationships and for the consideration of access to services and the location of community facilities.

73 The subject allotments are located within the “Northern Lakes Social Planning District” which consists of Lake Munmorah, Elizabeth Bay, Chain Valley Bay, Mannering Park, Gwandalan and Summerland Point.

Population Growth and Housing for Northern Lakes Social Planning District:

74 Growth is the key term that has characterised and continues to characterise Wyong Shire. The current population of the Shire is estimated to be around 135,000. Most of the future growth on the Central Coast will be accommodated in Wyong Shire, with Wyong projected to grow at a greater rate than Gosford City. The Shire’s population is projected to grow to approximately 200,000 persons by the year 2021. This represents an increase of 49% over the current population. (Wyong Shire Community Plan 2002).

75 The bulk of the population lives in the south whereas the majority of new development is occurring in the northern end of the Shire.

76 The unique demography of the Central Coast means that the largest increases in population are occurring in the very young and the aged. These two sectors of the community make the greatest demand on health and community based services.

77 People aged 55 years and over are a rapidly growing population group on the Central Coast. This group accounted for 27% of the population in 2001 which was a significant increase since 1991. This trend is likely to continue with the Central Coast remaining a relatively affordable and desirable location for retirees moving out of Sydney.

78 Wyong Shire Council have identified and outlined within the Regional Profile and Social Atlas, a number of impacts considered to result from having such a large proportion of older people living on the Central Coast being:

• access to health services;
• access to home and community care services;
• access to affordable and appropriate housing;
• access to high care/nursing home facilities;
• isolation as a result of relocation including an absence of informal support from family and friends.

79 Each of the impacts identified by Wyong Shire Council have been addressed under the relevant sections below with regard to additional facilities and services offered by Valhalla Village to compensate for the shortage of services currently being experienced within the northern end of the shire.

80 Chain Valley Bay forms part of the Northern Lakes Social Planning District and currently accommodates approximately 2,188 persons as per Census data collected from 2001. This figure increased by approximately 313 persons from 1996.

81 The Northern Lakes Social Planning District makes up a population of approximately 12, 863. Of this figure, the number of persons aged 45 years and over equates to 4888, being 38% of the total population for this district.

82 Population projections for the Northern Lakes Social Planning District indicate that this area will continue to grow along with the remainder of Wyong Shire and therefore facilities and services will inevitably need to be upgraded or enhanced to accommodate for additional densities now and in the future. Most of the future growth on the Central Coast will be located within the Wyong Shire given that opportunities for Greenfield developments in the Gosford Local Government Area are nearly exhausted with the majority of recent and future housing supply to be provided by multi-unit development. Greenfield release area development on the Central Coast will only occur in the Wyong Shire.

83 Council’s Residential Land Monitor indicates that this section of Chain Valley Bay (Precinct No. 2) does not form part of the potential long term future urban release area, however this is subject to further review as part of the development of the North Wyong Structure Plan currently being developed.

84 Caravan/cabin housing makes up the second highest form of dwelling type occupied within the Northern Lakes Shire being, 3.9% and 2.6% of the whole of Wyong Local Government Area. In 2001, there were 2,572 caravans/cabins/houseboats representing 2.2% of dwellings on the Central Coast. Since 1991, there has been a decline in the total number of these dwellings as well as a slight proportionate decline from 2.8% to 2.2% (Regional Profile and Social Atlas 2004).

85 There are currently 2219 moveable dwelling sites in the Shire. At the 1996 Census, Wyong Shire continued to have one of the highest proportions of caravan park dwellers of all Local Government Areas within the Sydney Region. There are currently 1532 permanent caravan park sites in the Chain Valley Bay and Lake Munmorah areas within a 2km radius.

86 Following extensive perusal of documentation and information obtained from Wyong Shire Council consisting of the Regional Profile and Social Atlas 2004, Shaping the Central Coast, Community Plan 2002 and the Residential Development Strategy 2002, it has been identified that the main areas of concern in relation to social impact relates to the provision of public transport and the demand on health services within the northern shire of the Central Coast. Further details relating to alternative arrangements for transport including access and availability of services and facilities for existing and new occupants of Valhalla Village has been provided under the relevant headings and is considered to satisfactorily address the concerns initially raised by Council in the above referenced documentation.

Transport/Access to services;

87 A Community Bus, courtesy car and driver is provided by Valhalla Village to transport residents to local shopping centres, medical appointments/procedures, government agencies such as Centrelink, pension agencies etc and recreational facilities such as the RSL and Bowling Clubs and recreational reserve areas on a daily basis and by demand.

88 There are currently two bus stops in Mulloway Road, at the entrance to the Village eastbound and directly adjacent the Village for westbound routes.

Community Services and Recreation;

89 A range of community services and recreational facilities are available to occupants of Valhalla Village. A significant number of these services and facilities are provided within the Village itself. A comprehensive library including videos/DVDs and other material is provided within the Community Building for loan to residents.

90 Valhalla Village provides ample communal and recreational facilities for its occupants including the provision of providing transport to all types of services and facilities within the locality.

Medical Services;

91 Lake Munmorah Medical Centre is situated in Queens Road, Lake Munmorah and employs approximately 7 full-time Doctors.

92 Medical Centres who will also accept new patients residing in the local area are located at Summerland Point, Lake Haven, Toukley and Budgewoi. An ambulance station is located at Doyalson and would have a response time, if not assisting elsewhere, of approximately 5 to 10 minutes. First Aid Kits have been made available at Valhalla Village and are located in the Office Building, Workshop, Community Hall and Community Building.

93 The closest major hospitals consist of:

• Wyong Hospital, Pacific Highway, Wyong
24.5 km’s south-east of Valhalla Village
• Gosford Hospital, Holden Street, Gosford
45 km’s south of Valhalla Village

• Belmont Hospital, Croudance Road, Belmont
  22 km’s north of Valhalla Village.
• A number of Private Hospitals are also located at North Gosford, Berkeley Vale and Lake Macquarie.

94 The Community Bus and/or Courtesy Car provide transport for residents, if required, to a Doctor or other Medical appointment, as available.

Fire Safety;

95 Fire Hydrants and Fire Hose Reels are provided in various locations throughout the existing Valhalla Village and are shown on Masterplan Revision H. Fire Hydrants and Fire Hose Reels will be installed throughout the expansion area to Valhalla Village in accordance with the relevant Australian Standards.

96 A Winter Fire Safety Checklist is provided to all occupants of Valhalla Village each year for their assistance and includes fire safety tips.

97 All new dwellings forming part of the proposed expansion area will need to be constructed in accordance with the relevant construction standards as per the specific development conditions required to ensure compliance with Planning for Bushfire Protection.

Pedestrian Access;

98 Pedestrian footpaths are provided within and around the existing Valhalla Village that connect to open space and barbeque areas including a connection between the existing village and the proposed new expansion area. Various recreation reserves are also located within close proximity to the village. The new 660m cycleway also improves pedestrian safety and access.

Safety and Security;

99 A 24 hour emergency call system monitored 24 hours a day by Management and other staff has been installed at Valhalla Village. The entry and living areas of each proposed dwelling have been sited and located to ensure residents are able to view who may be approaching their dwelling without the need to open the front door including a general observation of the immediate surrounds and the street itself. Views from windows facing onto the internal access streets allow a comprehensive observation of any unknown entry onto the site.

100 The perimeter fencing at Valhalla Village consists of a 2 m high cyclone barbwire fence along the western boundary up to the vegetable gardens where it splays down to 1.7 m in height to the front northern boundary. Perimeter fencing along the eastern boundary consists of cyclone barbwire to a height of 1.6 m.

101 Adequate lighting is provided within the existing Valhalla Village at each street corner, within pedestrian link pathways and along the front boundary of the site. Lighting consistent with that provided to the existing Valhalla Village as outlined above will be implemented within the proposed expansion area. Specific conditions are imposed regarding landscaping and access.

Economic Impact in the Locality;

102 The amended design of Valhalla Village preserves the essential character of the locality while providing for a form of alternative housing sought by a particular section of the community. In the short term, economic benefits may result from employment opportunities generated by works associated with the proposed development, and potentially increasing the market value of existing dwellings within Valhalla Village via the embellishment of Lot 339 and the installation of new, modern dwellings within the proposed expansion area.

103 Long-term benefits may result from providing an opportunity for an alternative form of housing available to a particular section of the community. Benefits include connection of the existing and future residents to sewer, significant re-use of stormwater is proposed which reduces impacts on the reticulated water supply, recycling of green waste is undertaken on site including internal transport facilities consisting of a community bus and car.

Site and internal design;

104 The site areas of each dwelling site proposed by the expansion to Valhalla Village well exceed the minimum site area requirement of 80 sq m as outlined within the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulations 2005.

105 The average site area for the smaller dwelling sites within the proposed development equate to approximately 248 sq m. The larger sized dwelling sites have been located on each corner of the internal road network including along the eastern portion of Lot 339 directly adjacent an asset protection zone area 20 m wide that incorporates the emergency access road along the eastern boundary, which is 6 m wide. Therefore, a mix of dwelling site sizes is provided ranging from 248 sq m to 544 sq m.

106 The proposed expansion area has been sited and designed to integrate with the existing dwelling site pattern and road networks within the village and cyclical, internal road networks are proposed including pedestrian pathway linkages.

107 The majority of dwelling sites proposed within the expansion area maintain a north-south orientation, whilst the dwelling sites located toward the eastern boundary are orientated in an east-westerly direction.

Construction;

108 During all constructional works associated with the proposed development, appropriate erosion and sedimentation controls will be implemented including information sessions etc for existing residents. Further details in this regard will be supplied at Construction Certificate stage.

Cumulative Impacts;

109 The implementation of the conditions of consent, including permanent conservation and enhancement of native vegetation, provision of a shared pathway, erosion and sedimentation controls, ample buffer distances between stormwater disposal areas and Karignan Creek including supervised vegetation clearing will reduce the likelihood of synergistic effects resulting from the development.

The Suitability of the Site for the Development;

110 The amended proposal as conditioned, is an appropriate development of the site for the following reasons:

(i) It is in accordance with the intentions of the 7(b) Scenic Protection zone and is permissible, with Council’s consent;
(ii) It is consistent with surrounding rural/residential development and promotes orderly but varied development incorporating an alternative housing choice;
(iii) Utility services are currently available to the site and will service the proposed expansion area;
(iv) Domestic stormwater is managed on site and the re-use of water is proposed including energy efficient fixtures;
(v) Permanent native vegetation conservation and enhancement is required by the conditions of consent;
(vi) The proposed development complies with the requirements of Planning for Bushfire Protection 2006 and the establishment and creation of the required asset protection zones can be adequately achieved;

(vii) Traffic generation as a result of the proposed development is acceptable as outlined within the Traffic Impact Assessment and traffic and pedestrian safety is enhanced by the provision of the 660m pathway;
(viii) The site and soil characteristics are conducive to the proposed development;
ix) Complies with all requirements as outlined within the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005;
(x) Impacts to existing social and support services including transport as a result of the proposed development are considered acceptable given that certain services and facilities are available within the village and other facilities are within reasonable proximity
(xi) It is infill development on an established parcel of land.

Public interest

111 This application was notified and attracted a number of objections. Many of these have been addressed in the s79C assessment. In summary, my findings on these objections are:

• Categorisation and permissibility; Based on the evidence and submissions presented by the parties, there was no contest that this proposal is categorised as a ‘caravan park’ and is a permissible use. In the absence of any substantive evidence against this, it is not then a matter, which would lead to the refusal of the proposal.
• Services/sewer; The final proposal requires the connection of the new estate to connect ti the council sewer. The conditions of consent also provide for the staged connection of the existing estate to the sewer and the rehabilitation of the existing sewer treatment ponds for use in stormwater management part of the open space network. Another environmental improvement is that the park will use recycled grey-water. Accordingly, the implementation of these works should result in a positive environmental outcome.
• Traffic impacts; This objection concerns likely increase in accidents and risk to road users. Whilst there is likely to be some increase in traffic, no substantive evidence was presented to support this contention. The existing entrance to the park will be marginally improved and sight distances at this intersection seem adequate. I rely on the traffic assessment that concludes the traffic impact will be negligible.
• Increased demand on infrastructure; The proposal includes comprehensive on-site facilities for its residents and the conditions of consent require Section 94 contributions, in accordance with the Lake Munmorah contributions plan. It seems to me, the obligations are met in these circumstances.
• Impacts on ecosystems; Whilst, the proposal will result in the removal of some vegetation, the conditions require extensive revegetation with native species. The site was subject to a detailed ecosystem assessment by experienced consultants. The parties accept the conclusions that material environmental harm will not occur. As I have previously noted, the decommissioning of the sewage ponds and rehabilitation and revegetation of this area should result in a positive environmental outcome.

112 Accordingly, I am satisfied that the objector concerns have been addressed and that the public interest will not be compromised by the proposed development

Conclusions.

113 Having considered the evidence, the submissions and undertaken a view, I am satisfied that the consent orders for the amended plans should be granted.

114 Whilst this proposal represents an expansion of the existing caravan park, it is a permissible development and it incorporates infrastructure to provide a reasonable level of amenity with acceptable environmental impacts. In this regard I rely on the comprehensive expert evidence that has lead to the consent orders.

115 Insofar as there is a raft of controls applicable to this development, I am satisfied to rely on the submissions as detailed previously that these controls are reasonably satisfied. Furthermore, that the s79C assessment confirms the proposals reasonable compliance with the relevant planning controls to allow the consent orders to be made.

Court Orders

116 The Court orders by consent

1 The appeal is upheld.
2 Development consent is granted for a caravan park providing a total of 424 long-term dwelling sites, 25 & 35 Mulloway Road, Chain Valley Bay, Lot 274 DP 755266 and Lot 339 DP 755266, connection of existing and proposed sites to sewer system, construction of internal roads and drainage, approval of community facilities, creation of permanent environmental protection area and associated works subject to the conditions annexed hereto and marked “A”.
3 The exhibits may be returned except G and 12.

___________________
R Hussey
Commissioner of the Court
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