STATEMENT OF ENVIRONMENTAL EFFECTS - PROPOSED CONSTRUCTION OF WINDBREAK STRUCTURES - Griffith City ...

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STATEMENT OF ENVIRONMENTAL EFFECTS - PROPOSED CONSTRUCTION OF WINDBREAK STRUCTURES - Griffith City ...
STATEMENT OF ENVIRONMENTAL EFFECTS
       PROPOSED CONSTRUCTION OF WINDBREAK STRUCTURES

STRATEGIC FARMLAND INFRASTRUCTURE NOMINEES PTY LTD
LAKE VIEW BRANCH CANAL ROAD, NERICON
GRIFFITH COUNCIL
NEW SOUTH WALES

11 JANUARY 2021

Town Planning HQ Pty Ltd 48 Newland Avenue Marino South Australia 5049 T: 0883585346

             PLANNING APPLICATIONS       DRAWINGS      INVESTIGATIONS
STATEMENT OF ENVIRONMENTAL EFFECTS - PROPOSED CONSTRUCTION OF WINDBREAK STRUCTURES - Griffith City ...
TABLE OF CONTENTS

1.0     INTRODUCTION

2.0     PROPERTY AND LOCAL AREA DESCRIPTION
2.1     Description of Subject Land
2.1.1   DP751730
2.1.2   DP751743 & Lot 4 DP1257570
2.1.3   Lot 1 DP1257570
2.2     Locality Description

3.0     DEVELOPMENT DESCRIPTION
3.1     Windbreak Structures
3.2     Food Security in a Changing Climate
3.3     Constraints of Treed Windbreaks
3.4     Relative Benefits of Artificial Windbreaks
3.5     Structural Characteristics
3.6     Siting Selection

4.0     PERMISSABILITY
4.1     State Environmental Planning Policies (SEPP) Considerations
4.2     Griffith Local Environmental Plan (GLEP) Considerations
4.2.1   RU1 Primary Production Zone
4.2.2   E3 Environmental Management Zone
4.3     Non-Urban Development Control Plan (DCP)
4.4     Griffith Council Consultation Policy

5.0     BOUNDARY SETBACKS
5.1     Setbacks from Roadway
5.2     Setbacks from Other Property Boundaries
5.3     Setbacks from Easements

6.0     CHARACTER AND VISUAL IMPACTS
6.1     Character of Locality
6.2     Character of Site
6.3     Visual Impacts on Locality
6.4     Buffering

7.0     WIND IMPACTS
7.1     Potential Impacts
7.2     Discussion

8.0     NOISE IMPACTS
8.1     Potential Impacts
8.2     Acoustic Engineer’s Assessment

9.0     SHADOW IMPACTS
9.1     Potential Impacts
9.2     Discussion

10.0    IMPACTS ON WATER SUPPLY AND QUALITY
10.1    Water Scarcity
10.2    Groundwater and Watercourse Proximity
10.3    Impacts on Stormwater

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STATEMENT OF ENVIRONMENTAL EFFECTS - PROPOSED CONSTRUCTION OF WINDBREAK STRUCTURES - Griffith City ...
11.0   IMPACTS ON TERRESTIAL BIODIVERSITY
11.1   Categorisation of land
11.2   Impact on Native Flora
11.3   Impact on Native Fauna
11.4   Koala Habitat Protection

12.0   EARTHWORKS IMPACTS
12.1   On Site Earthworks Impacts
12.2   Earthworks and Surrounding Properties
12.3   Aboriginal Cultural Heritage

13.0   INTERFACE WITH SERVICES
13.1   Electricity Infrastructure
13.2   Gas
13.3   Water Supply
13.4   Interface with Telstra and NBN

14.0   TRAFFIC IMPACTS
14.1   Access, Circulation and Safety

15.0   BUSHFIRE PRONE LAND
15.1   Status of Land

16.0   CONCLUSION

17.0   APPENDICES
17.1   State Environmental Planning Policies (SEPP’s)
17.2   Griffith Local Environment Plan 2014
17.3   Griffith City Council Non-Urban Development Control Plan, Adopted 23 March 2004
17.4   Table 2 – Extract from the Development Control Plan General Provisions for
       Development other than Subdivision of Non-Urban Land (Griffith City Council Non-
       Urban Development Plan)

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STATEMENT OF ENVIRONMENTAL EFFECTS - PROPOSED CONSTRUCTION OF WINDBREAK STRUCTURES - Griffith City ...
PROPERTY:             618 AND 211 LAKE VIEW BRANCH CANAL ROAD, NERICON

RELEVANT
LOT/SECTIONS:         DP751730, DP1257570 AND DP751743

COUNCIL:              GRIFFITH CITY COUNCIL

APPLICANT:            Strategic Farmland Infrastructure Nominees Pty Ltd C/- G2 Netting
                      Systems Pty Ltd

AFFECTED ZONE:        RU1 Primary Production
RELATED ZONE:         E3 Environmental Management

PROPOSAL:             CONSTRUCTION OF WINDBREAK STRUCTURES –
                      Development Permitted With Consent

 Figure 1: Example of windbreak structure

1.0     INTRODUCTION

This Statement of Environmental Effects (‘SEE’) supports an application for the
development of Windbreak Structures at properties along Lake View Branch Canal
Road/New Farms Road, Nericon, New South Wales. The windbreak structures will protect
citrus trees and produce from the effects of prevailing winds. This SEE has been prepared
by Town Planning HQ Pty Ltd including pursuant to Clauses 4.2, Clause 4.12 and Clause
4.15 of the Environmental Planning and Assessment Act 1979 (New South Wales). In
preparation of this application I have considered Section 78A(9) of the Environmental
Planning and Assessment Act 1979 regarding the information to be supplied with this
application. To that end and in accordance with Section 50(1)(a) of the Environmental
Planning and Assessment Regulation 2000 I have supplied information and documents
specified in Schedule 1 Part 1.

The proposal achieves the relevant provisions of the Griffith Local Environmental
Plan 2014 (‘GLEP 2014’). The proposal also achieves the relevant provisions of
Griffith City Council Non-Urban Development Control Plan (‘DCP’) No. 1 (adopted

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STATEMENT OF ENVIRONMENTAL EFFECTS - PROPOSED CONSTRUCTION OF WINDBREAK STRUCTURES - Griffith City ...
23 March 2004) and specifically Tables 2 and 8 (where Table 2 is relevant due to
development type and where Table 8 is relevant due to zoning in Lot 1 DP1257570
and development type).

In accordance with Section 4.15(1)(c) of the Environmental Planning and Assessment Act
1979 and Schedule 1, Part 1, Subclause 4 of the Environmental Planning and Assessment
Regulation 2000, this SEE demonstrates impacts and the manner in which impacts are
being lessened to protect the environment. It also demonstrates suitability of the land for
the proposed windbreak structures development.

I have supplied information outlined in Council’s Checklist for the Lodgement of a
Development Application.      The following plans prepared by G2 Netting Systems Pty Ltd
and Town Planning HQ Pty Ltd are attached:

Further attachments are as follows:

•      Relevant Deposited Plans and Title Details.
•      Easement Report prepared by InfoTrack, 2021
•      Letter from Sonus Pty Ltd – acoustic engineers
•      “Windbreaks for Citrus” CITTgroups Australia with New South Wales Department of
       Primary Industries, June 2006. Brochure.

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STATEMENT OF ENVIRONMENTAL EFFECTS - PROPOSED CONSTRUCTION OF WINDBREAK STRUCTURES - Griffith City ...
•      “Designing Farm Windbreaks for the Central Highlands Factsheet”, Local
       Land Services, Central Tablelands, NSW, 2014. Brochure.

2.0    PROPERTY AND LOCAL AREA DESCRIPTION

2.1    Description of Subject Land

The properties comprising the subject sites for this development application are described
below. Each of the property holdings has horticultural land use and is kept in pristine
condition with all farm buildings including associated dwellings and sheds well maintained.
The tracks are well formed and in good repair. Orchards are kept in good condition and
the applicant makes an excellent contribution to the Griffith economy.

The subject properties are visually described in the Overall Site Plan and various plans
within the submitted set.

Figure 2: The subject lands along Lake View Branch Canal Road (New Farm Road), Nericon

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STATEMENT OF ENVIRONMENTAL EFFECTS - PROPOSED CONSTRUCTION OF WINDBREAK STRUCTURES - Griffith City ...
2.1.1 DP751730 (known as ‘211 Block’ for application)

The land comprises Lots 211, 212 and 156. This part of the development site has a total
area of 60.96 hectares, is relatively flat with a gradual fall from east to west. The land
has a frontage of approximately 780 metres to New Farms Road. The land use is
horticultural. The relevant zone is the RU1 Zone Primary Production.

2.1.2 DP751743 & Lot 4 DP1257570 (known as ‘2614 Block’ for application)

This part of the subject land has a total area of 239.7 hectares, is relatively flat with a
gradual fall from east to west. The land has a frontage to Lakeview Branch Canal Road of
approximately 1,600 metres. The land comprises Lot 4 of DP1257570 and DP751743.
The land use is horticultural. The relevant zone is the RU Zone Primary Production.

2.1.3 Lot 1 DP1257570 (Known as ‘618 Block’ for application)

This part of the subject land has a total area of 259.6 hectares, is relatively flat with a
gradual fall from from east to west. The land has a frontage to Lakeview Branch Canal
Road of approximately 970 metres. The land use is horticultural with associated
dwellings. The most relevant zone is the RU Zone Primary Production. A 12 metre wide
section at the southern end of the allotment is zoned the E3 Environmental Management
Zone. The proposed windbreak structures are not within the E3 Environmental
Management Zone. This is shown in the attached plans.

2.2    Locality Description

The locality is directly of Griffith City. The village of Nericon is to the south east of the
subject properties and is zoned RU5 Village.

The road that provides vehicular access to the land on eastern side of the canal is Lake
View Branch Canal Road. This road is also known as New Farms Road at its northern
reaches. The Lake Wyangan catchment is to the south east and beyond the immediate
locality of the subject land.

The locality surrounding the northern allotments the subject of this application is
principally zoned RU1 Primary Production.

The E3 Environmental Management Zone applies to a small area of the subject land at Lot
4 DP1257570 and this zone extends into the allotment to the south.

Surrounding land is relatively flat and farmed as horticulture, viticulture and crops.

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STATEMENT OF ENVIRONMENTAL EFFECTS - PROPOSED CONSTRUCTION OF WINDBREAK STRUCTURES - Griffith City ...
Figure 3: RU1 surrounds all land within the site, with exception of E3 to south and with
intervening RU1 land, RU4 and RU5 within Nericon Township. Nericon township is
approximately 300 metres from the nearest windbreak and unlikely to be viewed from
the subject land.

3.0    DEVELOPMENT DESCRIPTION

The windbreak structure development is described below including requirements in a
changing climate, size and structural characteristics, locations within the properties and
benefits of the form.

3.1    Windbreak Structures

    “A windbreak works by filtering and breaking the force of the wind. For most
    purposes, permeable windbreaks which let some wind pass through are most
                                     suitable.1”

Windbreak structures are installed to modify wind loads at orchards. A structure can be
‘artificial’ steel and netted structures or natural trees forming a hedge. The wind
attenuation behaviours are similar and dependent upon the density of the net or foliage
and the overall height.

1“ “Designing Farm Windbreaks for the Central Highlands Factsheet”, Local Land Services, Central
Tablelands, NSW, 2014. Brochure.

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STATEMENT OF ENVIRONMENTAL EFFECTS - PROPOSED CONSTRUCTION OF WINDBREAK STRUCTURES - Griffith City ...
G2 Netting Systems Pty Ltd construct ‘artificial’ or ‘manufactured’ windbreak structures.
The windbreak structures consist of engineered high quality steel steel posts with taut
netted fabric, all fixed via a series of guyed anchors and concrete footings.

3.2       Food Security in a Changing Climate

Unless agricultural industries are better protected from the ravages of climate change,
Australia’s fresh produce supply will become increasingly unreliable. Considering that
plant based food is the least water use intensive form of onshore food production, it
makes sense to attend to its protection on behalf of future generations of Australians.
Hail, heavy rain and wind storm events are increasingly commonplace and growing in
intensity in Australia. This is threatening to cripple the food production industry at the
same time demand for ‘perfect’ appearance of fresh produce is increasing.

The impact of increasing temperatures and periodic drought are taking a toll on water
reserves. Hail storms are ravaging our orchards and resultant damage to horticultural
assets in New South Wales is well documented. Types of damage to horticultural assets
are well described by CITT Groups Australia and includes:

“
      •   Reduced growth rates
      •   Reduced yields including on windward side
      •   Root damage in young trees
      •   Bark damage at ground level
      •   Bent or fallen trees, lesions
      •   Damage to fruit
      •   Fallen fruit “2

3.3       Constraints of Treed Windbreaks

Whilst planted wind breaks have been the most common method for protecting orchards,
the impacts of climate change are rendering this method increasingly untenable.  A
treed windbreak takes many years to achieve useful height and canopy density and
consumes valuable water supplies for typically non-productive trees.

The CITTgroup’s investigations into ‘living’ or treed windbreaks is extensive and the
relative disadvantages of treed windbreaks (over artificial windbreaks) are summarized
below:

“
      •   Competition for moisture and nutrients if not properly managed
      •   Shading
      •   Material and Labor costs
      •   Occupies valuable land
      •   Competes with crops for light
      •   Increased humidity ..
      •   Requires valuable water
      •   Interferes with the movement of machinery
      •   Not able to be moved

2   “Windbreaks for Citrus” CITTgroups Australia with New South Wales Department of
         Primary Industries, June 2006. Brochure.

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STATEMENT OF ENVIRONMENTAL EFFECTS - PROPOSED CONSTRUCTION OF WINDBREAK STRUCTURES - Griffith City ...
•   …heat trap in summer
       •   … may dam cold or frosty air
       •   Trees blown over
       •   Possible pest and disease buildup..
       •   Unwanted bird species
       •   Take five to 10 years to be fully effective.3”

These issues are becoming widely known and the farming community is turning to
alternative methods to protect the viability of their endeavours. A growing response to
these issues is to install artificial windbreaks.

3.4        Relative Benefits of Artificial Windbreaks

Now ‘artificial’ wind break structures are enabling farms to thrive in spite of the complex
climatic and market conditions.

There are numerous benefits of windbreak structures over windbreak trees including the
following:

       •   Work immediately upon installation.
       •   Do not rely on either groundwater, reticulated, tank water or irrigation water to
           remain viable.
       •   Are fixed, require minimal maintenance once installed.
       •   Rely on steel posts with predictable mechanical strength and soft failure modes.

3.5        Structural Characteristics

The following are the basic structural characteristics:

       •   The proposed windbreak structures will be located throughout the site, set away by
           at least 0.6 metres from property boundaries, generally angled to diffuse air flow
           from prevailing winds that flow from the westerly and northerly directions.
       •   The windbreak structures that run approximately east west have a full netted
           height of 6.5 metres and this also applies to some of the north south oriented
           windbreaks.
       •   The remainder of the windbreak structures that run north south have an overall
           height above ground level of 7.0 metres (top half netted only). These structures
           are particularly in the southern Blocks.
       •   The windbreak frame is constructed from galvanized steel poles and cables.
       •   The poles are set into the ground by ram posts of approximately 800mm depth and
           up to 115mm in diameter or concrete pads of approximately 800mm depth and
           600mm. Guy posts at a minimum 10 metre centres support the structure. End and
           top guy wires add stability.
       •   The netting that is fixed to the frame is an ultraviolet light stabilized high density
           polyethylene lock stitched knitted fabric. That fabric has a melting point of 140
           degrees. The life span of the materials is up to 15 years. The colour of the fabric
           is dark green.
       •   The netting has an optical porosity of 66%.
       •   The typical length of windbreak structure for this development is approximately
           350 metres. The longest proposed length of a windbreak for this development is
           1,220 metres (‘2614 Block’). The following total lengths are relevant per ‘Block’.

3
    CITTgroup op cit, page 3.

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o    211 Block – total length of windbreak structures:
                     ▪ 7.0 metre high (top half netted) 0 metres
                     ▪ 6.5 metre high (total netted) 3,436 metres
              o 2614 Block
                     ▪ 7.0 metre high (top half netted) 0 metres
                     ▪ 6.5 metre high (total netted) 7,665 metres
              o 618 Block
                     ▪ 7.0 metre high (top half netted) 1,890 metres
                     ▪ 6.5 metre high (total netted) 7,670 metres
      •   In addition to the netted structure lengths outlined above, guy wires project from
          either end, assisting to hold the windbreak structures in place. The guy wire
          lengths mimic the height of the structures plus 0.5 metres therefore these lengths
          are either 7.0 metres or 7.5 metres.
      •   The windbreak structures are setback a minimum of 0.6 metres from any common
          property boundary in other ownership. This includes adjacent the Council road
          reserve.
      •   The structures will not be placed in easements and will not be located within
          existing access tracks on the subject land.
      •   The windbreak structures have been designed to be setback from any electricity
          infrastructure by a minimum of 5.0 metres. This is to be clarified at construction
          phase.
      •   Prior to the commencement of the development the detailed plans and
          specifications of the HPN will be endorsed with a construction certificate.

3.6       Siting Selection

The sites for the windbreaks at Nericon have been selected based on the following broad
principles:

      •   Orientation of prevailing winds – in a manner that slows prevailing winds at
          orchard interface.
      •   Setback from boundaries, buildings, access tracks, easements, electricity and
          other public infrastructure. The windbreak structures have been set back a
          minimum of 5 metres from any electricity poles and cables that service the
          property and 0.6 metres from boundaries with property in other ownership.
      •   Setback from land in zones other than RU1 Primary Production Zone.

4.0       PERMISSABILITY

I have reviewed GLEP 2014 to determine the land use zoning and established that the
development type is ‘permitted with consent’.

The following policies particularly apply to the assessment of this application and have
been considered in the preparation of plans and this Statement of Environmental Effects.
Whilst specific direction regarding windbreak structures is not described by the legislation
and policies, the development has been explored in relation to the provisions that are
most relevant. The considered provisions in SEPP, GLEP and the Non-Urban DPC are listed
in the Appendices herein.

4.1       State Environmental Planning Policies (SEPP) Considerations

Relevant State Environmental Planning Policies have been identified and their relevance
summarized in the discussion below and referenced in the appendices herein.

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The proposal appears to be generally in keeping with the intent and standards set out in
the SEPP.

4.2    Griffith Local Environmental Plan (GLEP) Considerations

The Griffith Local Environmental Plan 2014 applies to the specific sites at which the wind
breaks are proposed. (The E3 Environmental Management Zone) applies to one portion of
Lot 1 DP1257570 and this is discussed separately below. Relevant Griffith Local
Environmental Planning Policies have been identified and their relevance summarized in
the discussion below and referenced in the appendices herein.

The proposal is in keeping with the intent and standards set out in the GLEP.

4.2.1 RU1 Primary Production Zone

I have considered the relevant zone statement outlined in the Griffith Local Environmental
Plan 2014 (GLEP 2014). The most relevant Zone, in which the proposed developed lies, is
the RU1 Primary Production Zone.

The objectives of the Zone are as follows:

        Objectives of zone
  •   To encourage sustainable primary industry production by maintaining and enhancing
       the natural resource base.
  •   To encourage diversity in primary industry enterprises and systems appropriate for
       the area.
  •   To minimise the fragmentation and alienation of resource lands.
  •   To minimise conflict between land uses within this zone and land uses within
       adjoining zones.

The existing horticultural use of the land and the proposed windbreak structures assist to
achieve each of the four objectives of the zone. Windbreak structures, whether artificial
in the form of steel and netted structures, or natural in the form of trees, serve to
improve sustainability of production. In the case of artificial windbreaks there are
advantages such as water conservation and immediacy of efficacy. The objectives of the
zone are met and explored in the SEE.

4.2.2 E3 Environmental Management Zone

The southern most portion of Lot 1 in DP 1257570 lies within the E3 Environmental
Management Zone.

The objectives of the Zone are as follows:

• To protect, manage and restore areas with special ecological, scientific, cultural or
   aesthetic values.
• To provide for a limited range of development that does not have an adverse effect on
   those values.
• To preserve the prominent landforms that contribute to the visual quality of Griffith.

Albeit the E3 Environmental Management Zone applies to the southernmost area of Lot 1
in DP 1257570, the proposed windbreak structures are not proposed to be installed in this

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zone and will not negatively impact the achievement of the zone objectives. Therefore
this zone’s provisions are considered to have been reasonably met.

4.3    Non-Urban Development Control Plan (DCP)

The Griffith Council Non-Urban Development Control Plan (adopted 23 March 2014) sets
out a matrix for assignment of relevant provisions for assessment. The table is located in
the appendices to this SEE.

The proposal is associated with agricultural land uses and relates to the protection of land
and the product of the land. Although there is little contained in the Development
Control Plan to provide direction or guidance regarding the development of farm buildings
including windbreak structures, analysis demonstrates that the proposal is a fairly unique
form in terms of its overall height and concurrent transparency in the landscape. In my
opinion, the proposal for windbreak structures is supportable and in keeping with the
relevant requirements of the DCP.

It is considered that Table 8 of the DCP does not apply. That is because the reference
provided is “Useful Guidelines Useful for Development of All Land Zoned Environmental
Protection or Environmentally Sensitive”. The land at Lot 1 DP1257570 that lies within the
E3 Environnmental Management Zone is not zoned either Environmental Protection or
Environmentally Sensitive.

Notwithstanding that in my opinion Table 8 of the DCP does not capture the subject land
in any way, the general guidelines have been observed and will be considered in any
future development of the land. It is understood Council will advise if there are
requirements in relation to Table 8 or any other table or policy in relation to this
application.

4.4    Griffith Council Consultation Policy

Hail netting is considered ‘farm building’ for the purpose of the application. Farm
building is permissible with consent in accordance with the Griffith Local Environmental
Plan 2014, in both zones listed above. In accordance with the Griffith Council
Consultation Policy as the development is within 10 metres of a property boundary it will
be publicly notified.

5.0    BOUNDARY SETBACKS

5.1    Setbacks from Roadway

The proposed windbreak structures have a total height of 6.5 metres adjacent Lake View
Branch Canal Road/New Farms Road. The minimum setback of all components of the
structures from the boundary with the Council roadway reserve is 0.6 metres. The
roadway is utilized principally by local government and the farming community. The
proposed windbreaks will not obscure view of the roadway at any point.

5.2    Setbacks from Other Property Boundaries

Similarly the minimum setback to property boundaries not in the applicant’s ownership is
proposed to be 0.6 metres. This provides sufficient room for fence maintenance, repairs
and clearance of any refuse between fenceline and the windbreak structures.

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5.3         Setbacks from Easements

The proposed windbreaks will not be located in any easement on the land. This is
demonstrated in the submitted plans. Please refer to the attached InfoTrack Report for
further information.4

6.0         CHARACTER AND VISUAL IMPACTS

6.1         Character of Locality

The streetscape and general locality is rural and horticultural in nature. Farming
properties nearby contain agricultural crops and horticulture, in particular citrus trees and
grapevines, shedding, services, fences and some farmhouses. Approximately 7
farmhouses and numerous large horticultural sheds dot the landscape along the roadway.
The compacted rock roadways of Lake View Branch Canal Road leading into New Farms
Road. The road appears to end approximately 500 metres further north from Lot 211.
There is a track that links to the east, however this appears intraversible. In my opinion
the proposed windbreak will have little negative impact on the streetscape, particularly as
it is particularly used by the local farming community, mostly involved in a similar
horticultural enterprise as the applicant. It is not anticipated that the structures will be
particularly seen from the Nericon village with the nearest dwelling in the village with
likely view from the back of dwelling at a distance of at least 400 metres north of the RU5
Village Zone land. It does appear that each of the dwellings that could foreseeably be
positioned to see the windbreaks from within the village would in fact be screened from
view by their own trees or other trees including those within the E3 Zone.

The dark green netting on the sides of the proposed windbreak structures has an optical
porosity of 60 per cent. The windbreaks will be sufficiently transparent from most
perspectives for the viewer to be able to see trees, sheds and other structures through the
net.

This is an intensive horticultural locality. Unlike many residential type of zones, the RU1
Primary Production Zone does not allude to ‘residential’ amenity having any priority over
agricultural production. Further it does not allude to or directly require that residential
amenity should include a particular type of ‘outlook’ such as ‘views’ to hillscapes or any
consideration of length of views through others’ properties. In my opinion the objectives
of the RU1 zone set out to enable the zone’s agricultural industries to thrive. In my
opinion, the proposed windbreak structures is reasonable do not unreasonably detract
from the strongly horticultural character of the locality and the overall impact to the
visual amenity of the locality is acceptable when balanced against the objectives of the
zones most impacted.

6.2         Character of Site

The proposal is for a structure that is constructed for the purpose of slowing air flow
through the applicant’s orchards. The height of the structures are 6.5 metres and 7.0
metres and each of the structures is constructed from posts, wires and shadecloth. The
shadecloth has a level of transparency that can be described as 50 per cent. Objective 1
of the RU1 Primary Production zone encourages sustainable primary industry production.

4
    “Easements E, F and S at Nericon and Myall Park”, Infotrack 10 January 2021

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It is not anticipated that there will be unreasonable visual impacts for users or farming
residents and workers of the land.

6.3       Visual Impacts on Locality

The locality in which the proposed development lies is intended for primary production
purposes. It has an existing agricultural character and the zone encourages ‘sustainable’
development. The roadway is not asphalted or line marked, is not a ‘through road’ and
Council appears to have anticipated low traffic volumes by not asphalting. The locality is
mostly farmed, hosts some farm houses and sheds and is not on a tourist route. The
character of properties in each direction remains mostly agricultural and none of the
zoning in the locality is urban or ‘residential’.

It is noted that dwellings and the majority of the farms’ associated shedding on these
farming properties are located close to the roadway. The closest distances between
windbreak structures and adjacent dwellings on land not in ownership of the applicant are
shown in plans to be, conservatively, as follows:

      •   22.00 metres (south of Lot 211 in ‘Block 211’ set of plans)
      •   33.37 metres (north of Lot 212 in ‘Block 211’ set of plans)

A regular maintenance program will be conducted to maintain the quality appearance of
the netting. The high quality of the netting results in rare tearing of the fabric. However
the applicant commits to replacing any torn netting.

It is considered that the proposed windbreaks are unlikely to cause any greater visual
impact than rows of trees in the form of windbreaks in this locality. The windbreaks will
be well maintained and although unlikely, any tears in the green netted shadecloth will be
fixed without delay.

In all, the proposal’s appearance and character is in keeping with the horticultural nature
of Nericon. The subject land and all surrounding properties have a rural character that
achieve the Objectives of the RU1 Primary Production Zone.

6.4       Buffering

Additional landscaping has not been proposed for any visual buffer purposes. It is
considered that this horticultural precinct contains many thousands of trees and that in
the main the proposed netting structure will not unreasonably impact on the horticultural
character or activity on the subject or neighbouring properties. The adjacent roadway is
not a tourist road and there is particular advantage in introducing species that may further
reduce groundwater and surface water supplies for the agricultural industry underway.
This is not a solid structure. The optical porosity of the structures is 60% which will afford
a high degree of transparency. In my opinion the visibility of orchards and depending on
orientation of view other structures and landscaping will offer an altered view of
landscape in an already thoroughly treed environ.

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7.0    WIND IMPACTS

7.1    Potential Impacts

The purpose of the windbreak structures is to modify wind behaviour to protect orchards
from damage. Careful attention has been given in the design and siting of the structures
to ensure that off site impacts associated with redirected air flow are minimized.

7.2    Discussion

The proposed windbreak structures have been carefully designed and sited to filter and
deflect damaging winds away from the subject citrus orchards. They have been sited to
protect neighbouring properties in other ownership from damage and to enable regular
maintenance of fences and windbreak structures. The ‘shade’ factor is 50% and the
‘optical porosity’, in relation to the void is 60%.

The 60% optical porosity ensure approximately sixty per cent of the dominant wind flows
through the netting. The remainder is typically driven upwards and over the top of the
windbreaks. Excess wind tends is directed over the top of the windbreak travelling at a
height well above the protected citrus trees and disperses at a place further into the
orchards on the subject land. It is not anticipated that wind will be displaced into
property in other ownership.

Wind behaviour in relation to artificial and treed windbreaks has been described by Local
Land Services as follows:

“The slight movement of air through the windbreak forms a cushion of slow moving air on
both the upwind and downwind sides. This deflects the main volume of wind upwards and
 prevents it from descending for some distance. The wind velocity in the protected area
   may be reduced to between 25 and 75 percent of the open wind speed. An effective
windbreak will reduce wind speed for a distance of about 25 times the tree height on the
downwind side. On the upwind side some protection is gained up to a distance of 5 times
  the tree height away from the windbreak. …. (Local Land Services, Central Tablelands
                                   Factsheet, NSW).5”

5“Designing Farm Windbreaks for the Central Highlands Factsheet”, Local Land Services, Central
Tablelands, NSW, 2014.

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Figure 4: Local Land Services’ demonstrates windbreak ‘deflecting the main volume of
wind’

The drawing above demonstrate wind behaviour when it impacts a porous windbreak. The
porous fence does not display external impact on the upwind neighboring site.
Aerodynamic porosity modifies its behaviour causing approximately 50% to rise up and over
for a distance dependent upon height of windbreak. The remainder travels through,
dependent upon optical porosity of the windbreak. This feature is discussed further at
Maraveas, C., 2019 6.

The nearest adjacent farmhouses are at least 22 metres south and 22 metres north of the
proposed windbreak structures at ‘Block 211’. There is no indication that any wind would
deflect to the side of the windbreak structures would impact these farmhouses.

In summary, a porous windbreak directs wind up and over and through the structure. In
the subject case of the Nericon proposal, the optical porosity is 60% which minimizes any
undesirable off site impacts of the netted windbreak structures.

8.0     NOISE IMPACTS

8.1    Potential Issue

The potential for the windbreak structures to generate noise has been considered and
discussed with Council in a preliminary sense. It was determined to engage an acoustic
engineer for specialist advice in this regard.

8.2    Acoustic Engineer’s Assessment

On behalf of the applicant, Chris Turnbull, Principal of Sonus Pty Ltd has analysed
potential noise impact from netted windbreaks on a windy day. In its correspondence
dated 11 October 2020, Sonus Pty Ltd reported as follows:

“Even with the microphone immediately adjacent to the netting, there was no noise from
the netting recorded. Further, no vibration was felt immediately adjacent to the
netting. The conclusion drawn from the testing is that any noise produced by wind on the
netting will be significantly less than the noise produced by trees. That is, there is
greater potential from noise from the planting of trees than there is from constructing
windbreaks and/or netting.”

6  “Design of Tall Cable-Supported Windbreak Panels” Maraveas, C. in Open Journal of Civil
Engineering, 9, 106-122, 2019.

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Figure 5: Sonus Pty Ltd monitoring acoustic impact at site

The correspondence from Sonus Pty Ltd is attached.

9.0    SHADOW IMPACTS

9.1    Potential Impacts

There are two farmhouses in other ownership in reasonably close proximity to the
proposed windbreak structures. Those farmhouses are to the north and south of ‘Block
211’. Shadow diagrams prepared for 9am, 12 noon and 3pm on 21st June have been
submitted with this application.

9.2    Discussion

The shadow cast by the windbreaks is more similar to the shadow caused by a tree in that
the windbreaks are not solid structures and have an optical porosity of 60%.
The shadow diagrams demonstrate that the two farmhouses at closest proximity are not
impacted by shadowing at any time.

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10.0     IMPACTS ON WATER SUPPLY AND QUALITY

10.1   Water Scarcity

‘Artifical’ or ‘manufactured’ windbreak structures offer orchardists the potential to
manage some of the wind impacts on their trees and fruit without contributing to water
scarcity. Whereas tree windbreaks take many years to establish, an artificial windbreak is
immediate, requires no water and can improve microclimatic conditions including by
reducing evaporation.

10.2    Groundwater Impacts and Watercourse Proximity

The subject lands are not nominated as groundwater vulnerable in the Groundwater
Vulnerability Map Sheet GRV_001 of the Griffith Local Environmental Plan 2014.

Similarly, none of the subject properties are nominated as Riparian Lands and
Watercourses in Map Sheet RLW_003 of the Griffith Local Environmental Plan 2014. The
proposed windbreak structure is not in a Vegetated Riparian Zone (VPZ).

Figure 6: Extract Griffith Local Environmental Plan 2014

The subject properties are also not nominated on the Griffith Local Environmental Plan
2014 Wetlands Map Sheet WET_003.

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Figure 7: Extract Griffith Local Environmental Plan 2014

There is no nominated Strahler ordered stream running through the subject land nor in
close proximity to the land. There is unlikely to be any unreasonable impact on the canal
to the west of Lakeview Branch Canal Road/New Farms Road.

Nonetheless water management objectives are critical to longevity of this farming region.
The proposed development will not negatively impact water quality or supply. In my
opinion the proposed windbreaks will not unreasonably impact any wetlands, riparian
land, watercourse or groundwater.

10.3    Impact on Stormwater

The proposed windbreak structures are porous and will not prevent the current patterns of
drainage and flow of stormwater through the property. In any event the proposed
windbreaks are set back from adjacent property boundaries and will not cause adverse
environmental impact to neighbouring lands.

Due to the lack of proximity to any waterway or drinking water catchment or other
environmentally sensitive area, the proposed windbreak structures will not have adverse
impacts on water supply required for human use, ecological sustainability or maintenance
of orchards on other farms in the locality.

11.0     IMPACT ON TERRESTIAL BIODIVERSITY

The windbreak structures will be constructed with the existing horticultural properties.
The structures are designed and sited to avoid adverse ecological impact.

11.1   Categorisation of Land

The subject land is not identified as “Sensitive land” on the Natural Resources Sensitivity –
Biodiversity Map. Refer to the Transitional Native Vegetation Regulatory Map extract
below.

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Figure 8: Sensitive land (pink) outside the subject land boundaries and environmentally
significant land within E3 Environmental Management Zone. None of the windbreak
structures lies within any environmentally sensitive or significant land. Source: Native
Vegetation Regulatory Map. Extract from lmbc.nsw.gov.au (October 2020) E3 Zoned land
for approximately 12m max within Lot 1 DP1257570.

The land upon which the windbreak structures are proposed to be specifically sited is
recognized as being intensively cultivated and farmed. This is considered to be Category 1
for the purpose of the Local Land Services Act 2013. In any event, considerable care has
been taken to avoid any impact on remnant native vegetation and that includes trees,
shrubs and grasses which appears to only occur within Lot 4 of DP1257570.

The ‘Excluded land’ lands identified in the Native Vegetation Regulatory Map above is
relevant in that it impacts the E3 Environmental Zone land on the southern side of Lot
DP1257570. It is noteworthy that these lands are not impacted by the proposed
development of the windbreaks.

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11.2    Impact on Native Flora

Remnant native vegetation on Lot 1 DP125750 is not impacted by this development.

11.3    Impact on Native Fauna

Taut windbreak netting is considered to be substantially less damaging for fauna as the
likelihood of entanglement in taut netting is negligible compared to draped netting. There
are periodical breaks in the windbreak structures that allow passage of animals through.

11.4   Koala Habitat Protection

The subject lands are not identified on the Koala Development Application Map in
accordance with SEPP Koala Habitat Protection 2019.
(planning.nsw.gov.au/policyandlegislation/environmentalheritage/koalahabitatprotections
epp).

12.0     EARTHWORKS IMPACTS

Local provisions 7.1 relate to Earthworks and have been considered in the design and
siting of these engineered windbreaks and are discussed below.

12.1    On Site Earthworks Impacts

Part 7 Additional Local Provisions (7.1) Earthworks calls for consideration of matters
relating to site specific and neighbouring site impacts of earthworks. Details of
earthworks associated with the construction of the windbreak structures in the plans, with
further details and calculations to be provided for the Construction Certificate stage of
this application.

The proposed requires minor earthworks comprising low impact incisions. It does not
require fill or excavation other than to secure the structural elements into the natural
ground. It is understood that all footings for structural elements of the structures will be
founded into stabilized soil. The earthworks for the proposed development are minimal
with total depth of earthworks no more than 1.0 metre deep from stabilized soil
throughout the development site. Footings as shown on Drawing Sheet 006 have 10 metre
spacings typically and guy post installations are similarly spaced with some exceptions at
end of rows.

All excavations associated with the erection of the structures will be adequately guarded
and protected to prevent them from being dangerous to life or property. The proposed
anchors are all pole driven and the engineering is designed specifically to minimize
construction and longer term impacts of the development on the subject and neighbouring
ground.

12.2   Earthworks and Surrounding Properties

It is noted that structural components including anchors will be located at least 0.6m from
any property boundary with either Council land adjacent roadway or in any other
ownership. This further minimizes any disruption to neighbouring properties. The
minimal extracted material will be reutilized within the land and to assist to compact the
area around the windbreaks. There is no likelihood of detrimental effect on either the
existing drainage or soil stability within the locality. The structures are not being

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installed in a watercourse or any environmentally sensitive area. Excavation in the
vicinity of power lines and other power infrastructure is proposed to be at least 5 metres
(horizontal distance) from any Essential Energy infrastructure (wires, poles, other) in
accordance with the plans and is discussed further below.

12.3   Aboriginal Cultural Heritage

A search of the Office of the Environment and Heritage AHIMS Web Services (Aboriginal
Heritage Information Management System) has shown that:

•      No Aboriginal sites are recorded in or near the above location.
•      No Aboriginal places have been declared in or near the development site.

The likelihood of disturbing relics at this location is low. This land has been tilled for
agricultural including horticultural purposes over many years.

13.0     INTERFACE WITH SERVICES

The plans accompanying this application are for development application purposes. In
relation to the interface of the windbreak structures to services, plans for construction
purposes will take into consideration surveyed property boundaries, easements and
services including any electrical, water, gas, telecommunications and other infrastructure.
Dial before you dig reports used to indicate electrical infrastructure for planning purposes
only. Requirements of all relevant authorities, Australian Standards and National
Construction Code (Building Code of Australia) and Essential Energy requirements will be
met.

13.1    Electricity Infrastructure

It is my understanding that Clause 45 of the SEPP Infrastructure (2007) does not apply
because the development does not involve or comprise any of the following:

“(a) the penetration of ground within 2m of an underground electricity power line or
an electricity distribution pole or within 10m of any part of an electricity tower,
(b) development carried out—
(i) within or immediately adjacent to an easement for electricity purposes (whether or
not the electricity infrastructure exists), or
(ii) immediately adjacent to an electricity substation, or
(iii) within 5m of an exposed overhead electricity power line,
(c) installation of a swimming pool any part of which is—
(i) within 30m of a structure supporting an overhead electricity transmission line,
measured horizontally from the top of the pool to the bottom of the structure at ground
level, or
(ii) within 5m of an overhead electricity power line, measured vertically upwards
from the top of the pool,
(d) development involving or requiring the placement of power lines underground,
unless an agreement with respect to the placement underground of power lines is in
force between the electricity supply authority and the council for the land concerned.”

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Dial Before You Dig reports indicate Essential Energy’s electricity infrastructure traverses
the land, particularly at
     • Lot 212 in the ‘211 Block’
     • Lot 4 in DP1257570 in ‘2614 Block’
     • DP751743 in ‘2614 Block’
     • Lot 1 in DP1257570 in ‘2614 Block’

These reports indicate the majority of infrastructure is above ground in the form of poles
and catenary.

Essential Energy’s “Living With Electricity Easements and Infrastructure” advises the
following:

“You must not place any obstruction in the easement within 5 metres of a powerline,
transformer, pole, equipment or supporting guy, or within 10 metres of a steel powerline
structure…”

There are no formal easements listed on the land titles relating to electricity. It is my
understanding that the relevant electrical structures are not ‘steel powerline structures’.
Accordingly, the application plans demonstrate a five metre minimum setback from any
Essential Energy equipment. There are no steel powerline structures on the subject land
or adjacent land.

The development will not:

   •   Secure the windbreak structure, guy wires or any equipment or component
       whatsoever to Essential Energy’s infrastructure
   •   Place any windbreak structure or related component within 5 metres of any pole,
       wire or other electrical component (minimum distance to pole = 5m + X)
   •   Restrict access to Essential Energy’s electrical infrastructure
   •   Enable climbing from windbreak structure to any Essential Energy infrastructure.

Construction will be undertaken in accordance with Essential Energy requirements and
including seeking Safety Advice for Work Near Overhead Powerlines and detailed Dial
Before You Dig and survey data collected for construction purposes. Detailed investigation
will ensure location of all electrical infrastructure prior to any excavation or other
construction.

13.2    Gas

Gas infrastructure has not been noted via Dial Before You Dig analyses.

13.3    Water Supply

It is my understanding that water infrastructure does not intersect with any proposed
windbreak structure. The windbreaks will be set back from the easement for water supply
(S) on DP1257570. All other water supply infrastructure will be checked from surveys at
the time of construction.

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13.4   Interface with Telstra and NBN

Telstra cables and pits have been preliminarily identified by Dial Before You Dig reviews.
They are indicated on the submitted plans and will not be impacted by the windbreak
structures. There is no NBN infrastructure at this time. All Telstra and any NBN
infrastructure will be checked from surveys at the time of construction.

14.0   TRAFFIC IMPACTS

14.1    Access, Circulation and Safety

The proposed windbreak structures do not traverse any public roadway, right of way or
existing access track on the land.

Therefore any emergency vehicles, delivery vehicles and farm vehicles can continue to
safely circulate within the land and access the land from the adjacent roadways.

The proposed windbreak structures do not impede sightlines for users of the public
roadway. The netted sides of the windbreak do not contain reflective materials.

15.0   BUSHFIRE PRONE LAND

15.1   Status of Land

The subject land is not identified as Bushfire Prone Land. In any event, the proposed
windbreaks will not increase the risk of bushfire in the locality. All existing tracks will
remain unencumbered.

16.0   CONCLUSION

This Statement of Environmental Effects addresses potential impacts of the proposed
windbreak structures in accordance with the Environmental Planning and Assessment Act
1979 and the Environmental Planning and Assessment Regulation 2000. The zone that is
proposed to accommodate the windbreaks is the RU1 Primary Production Zone. Although
the southern portion of Lot 1 DP1257570 lies in the E3 Environmental Management Zone
the proposed windbreak structures are proposed to be installed on RU1 Zone land only. I
understand the proposed development is permissible, meets the relevant zone objectives
and is directly associated with the existing horticultural use of the land.

The subject site has been carefully analyzed and the most appropriate areas for the
proposed development of windbreak structures have been selected. The proposed height
and alignments respond to the horticultural requirements of the applicant. The siting of
the windbreaks at least 0.6 metres from any common property boundary with the adjacent
road and properties in other ownership minimize impacts on those surrounding properties
and the locality generally. The selected colour for the windbreak netting is dark green,
to complement the horticultural character of the locality. This is all in keeping with and
supports the objectives of the Zones.

There is no loss of native vegetation within the Category 1 land or in the E3 Zoned
component of the land. None of the applicant properties feature on the Natural Resources
Sensitivity – Biodiversity Map. The property is not included in the Koala Development

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Application Map in accordance with SEPP (No. 44 Koala Habitat Protection) 2019. It is
noted that the land is not Flood Prone Land or bushfire prone land.

It is my consideration that this application for windbreaks to protect citrus trees and fruit
has merit and is supportable.

Please telephone me on 0419 846435 to discuss any matter.

Yours sincerely

Angela Davison RPIA, MBEnv. (Master of the Built Environment, University of Technology,
Sydney)

References:

    •   Non-Urban Development; Development Control Plan No. 1, adopted 23 March
        2004, Griffith City Council, New South Wales.
    •   Griffith Local Environment Plan, 2014.
    •   Local Land Services Act 2013
    •   SEPP Koala Habitat Protection 2019.
        (planning.nsw.gov.au/policyandlegislation/environmentalheritage/koalahabitatpr
        otectionsepp).
    •   Environmental Planning and Assessment Act, 1979.
    •   Environmental Planning and Assessment Regulation, 2000.
    •   Natural Resources Sensitivity – Water Map
    •   “Living With Electricity Easements and Infrastructure”,
        www.essentialenergy.com.au https://www.essentialenergy.com.au/-
        /media/Project/EssentialEnergy/Website/Files/Our-
        Network/LivingWithEasements.pdf?la=en&hash=F547F35E5DCA13F30AC7552B99690
        29BEF3C72A4
    •   Aboriginal Heritage Information Management System
        https://www.heritage.nsw.gov.au/search-for-heritage/aboriginal-heritage-
        information-management-system/
    •   Dbyd.com.au
    •   “Windbreaks for Citrus” CITTgroups Australia with New South Wales Department
        of Primary Industries, June 2006.
    •   “Designing Farm Windbreaks for the Central Highlands Factsheet”, Local
        Land Services, Central Tablelands, NSW, 2014.
    •   “Design of Tall Cable-Supported Windbreak Panels” Maraveas, C. in Open
        Journal of Civil Engineering, 9, 106-122, 2019.
        https://doi.org/10.4236/ojce.2019.92008
    •   “Easements E, F and S at Nericon and Myall Park”, Infotrack 10 January 2021

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17.0      APPENDICES

Appendix 17.1          State Environmental Planning Policies (SEPP’s)

The following policies were particularly identified as potentially relevant from the “NSW
Gov- Property Report, Lake View Branch Canal Road Nericon 2680” and other
investigations.

 SEPP             NAME              NOTES                                 RELEVANCE
 SEPP55           Contamination                                           Not relevant
                  of Land
 SEPP             Electricity       The State Environmental Planning      ISEPP Clause 45
                  Infrastructure    Policy (Infrastructure) 2007          Not relevant
                                    states:                               because
                                    Clause 45-                            application is not
                                                                          for (a), (b),(c),
                                                                          (d).

                                                                          All components at
                                                                          least 5m (in any
                                                                          direction from
                                                                          electricity
                                                                          infrastructure
                                                                          including wires,
                                                                          poles.

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Appendix 17.2 Griffith Local Environment Plan 2014

 PART 2 : PERMITTED OR PROHIBITED DEVELOPMENT
         NAME              NOTES                                          RELEVANCE
 2.4     Unzoned Land      Not Relevant                                   N/A
 2.5     Additional        Not Relevant                                   N/A
         Permitted Uses
         for Particular
         land
 2.6     Sub-division –    Not Relevant                                   N/A
         consent
         requirements
 2.7     Demolition        Not Relevant                                   N/A
         requires
         development
         consent
 2.8     Temporary Use     Not Relevant                                   N/A
         of Land
 PART 3 : EXEMPT AND COMPLYING DEVELOPMENT
         NAME              NOTES                                          RELEVANCE
 3.1     Exempt            Not Relevant
         Development
 3.2     Complying         Not Relevant
         Development
 3.3     Environmentally E3 Environmental Management Zone                 Relevant, refer
         Sensitive Land    applies to the southern portion of one         report
                           relevant allotment – no windbreak
                           structures including any components are
                           proposed to be installed within that
                           Zone. Therefore not unreasonably
                           impacted.
 PART 4: PRINCIPAL DEVELOPMENT STANDARDS
         NAME              NOTES                                          RELEVANCE
 4.1     Minimum           Not Relevant                                   N/A
         subdivision lot
         size
 4.1AA Minimum             Not Relevant                                   N/A
         subdivision lot
         size for
         community title
         schemes
 4.1A    Exceptions to     Not Relevant                                   N/A
         minimum
         subdivision lot
         sizes for certain
         residential
         development
 4.1B    Lot averaging     Not Relevant                                   N/A
         subdivision in
         certain rural,
         residential and
         environmental
         protection zones

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4.2     Rural subdivision   Not Relevant                                 N/A
 4.2A    Minimum             Not Relevant                                 N/A
         subdivision lot
         size for strata
         plan schemes in
         certain rural and
         environment
         protection zones
 4.2B    Exceptions to       Not Relevant                                 N/A
         minimum
         subdivision lot
         sizes for certain
         rural
         subdivisions
 4.2C    Erection of         Not Relevant                                 N/A
         dwelling houses
         and dual
         occupancies on
         land in certain
         rural and
         environment
         protection zones
 4.2D    Erection of rural   Not Relevant                                 N/A
         workers’
         dwellings in
         Zones RU1, RU2,
         RU4 and RU6
 4.2E    Subdivision for     Not Relevant                                 N/A
         the purpose of
         intensive
         livestock
         agriculture or
         intensive plant
         agriculture
 4.2F    Erection of a       Not Relevant                                 N/A
         dwelling house
         associated with
         a rural use other
         than for the
         purpose of
         agriculture
 4.2G    Boundary            Not Relevant                                 N/A
         adjustments in
         certain rural and
         environmental
         zones
 4.3     Height of           Because Council considers the structure    Relevant
         buildings           to be a ‘farm building’ for the purpose of
                             the assessment, I have referred to Height
                             of Buildings Map HOB_001 referenced in
                             this section. The maximum height of
                             buildings guide is shown as 10 metres.
                             The proposal meets this height guideline
                             at 6 metres. In any event it is

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