Agenda of Local Planning Panel Meeting

Item No: 3.1
Title: DA/71/2024 - 464 Ruttleys Road MANNERING PARK NSW 2259 - Industrial Storage Shed
Department: Environment and Planning
17 July 2025 Local Planning Panel Meeting

Reference: DA/71/2024 - D16844893

Author: Kirra Hartley, Senior Development Planner

Manager: Ailsa Prendergast, Unit Manager Development Assessments

Executive: Andrew Roach, Unit Manager Development Assessment

Summary

An application has been received for an Industrial Storage Shed. The application has been examined having regard to the matters for consideration detailed in section 4.15 of the Environmental Planning and Assessment Act 1979 and other statutory requirements with the issues requiring attention and consideration being addressed in the report.

The application is required to be referred to the Central Coast Local Planning Panel (LPP) for determination as the applicant is a Central Coast Council Councillor. Schedule 1 (b) of the Local Planning Panels Ministerial Direction (dated 6 March 2024) requires such applications to be referred to the Panel.

The applicant was notified with no objections received.

The application is recommended for approval.

Applicant Mr Doug Eaton

Owner Eaton & Sons PTY LTD

Application No DA/71/2024

Description of Land 464 Ruttleys Road, MANNERING PARK 2259

Proposed Development Industrial Storage Shed

Site Area 5.266 Hectares (Ha)

Zoning SP2 Infrastructure

Existing Use Industrial Purposes

Employment Generation Nil

Estimated Value $148,000.00

Recommendation

A That the Central Coast Local Planning Panel grant consent to DA/71/2024 – 464 Ruttleys Road, MANNERING PARK – Industrial Storage Shed subject to the conditions detailed in the schedule attached to the report and having regard to the matters for consideration detailed in Section 4.14 and 4.15 of the Environmental Planning and Assessment Act 1979.

B That Council advises relevant external authorities of the Panel’s decision.

1. Executive Summary

DA number	DA/71/2024
Lodgement date	25 January 2024
Application type	Local development
Proposed development	Storage Shed
Employment generating	No
Estimated value	$148,000.00
Applicant	Doug Eaton
Disclosure of political donations and gifts	Yes
Scheduled meeting date	Site Inspection meeting undertaken on 22 May 2025
Author	Kirra Hartley
Date of report	26 May 2025
Delegation level	Local Planning Panel
Recommendation	Approval subject to conditions
Conflict of interest	The staff responsible for the preparation of the report, recommendation, or advice to any person with delegated authority to deal with the application have no pecuniary conflict of interest or non-pecuniary conflict of interest to disclose in respect of the application.

Property details
Property address	464 Ruttleys Road, MANNERING PARK
Property title description	The development proposes an Industrial Storage Shed development comprising a colorbond clad and roofed storage shed 865m².
Site area	5.266 Hectares (Ha)
Existing use	Industrial use (Timber Manufacturing, Storage, Office, and Amenities).
Precis
Zoning	SP2 Infrastructure under the provisions of the Central Coast Local Environmental Plan 2022 (CCLEP 2022).
Permissibility	The proposed development is defined as a Storage Shed which is permitted in the zone per clause 5.10 Heritage conservation (10) Conservation incentives per the CCLEP 2022 with consent.
Relevant legislation	The following planning instruments, plans and policies are relevant to the development and were considered as part of the assessment: · Environmental Planning and Assessment Act 1979 (EP&A Act) – sections: o 4.14 (bushfire) o 4.15 (evaluation) and sections · Local Government Act 1993 (LG Act) – sections 68 · Subsidence Advisory NSW · Rural Fires Act 1997 · National Parks and Wildlife Act 1974 · State Environmental Planning Policy (Resilience and Hazards) 2021 · State Environment Planning Policy (Biodiversity and Conservation) 2021 · Central Coast Local Environmental Plan 2022 (CCLEP 2022) · Central Coast Development Control Plan 2022 (CCDCP 2022)
Number of total & unique submissions	No submissions received.
Key issues	No issues of concern were identified.

2. Site Context

2.1 Site and locality

· Subject site is legally described as lot 11 DP 1091396 at No. 464 Ruttleys Road, MANNERING PARK (refer to Figure 1).

· The overall site area is 5.266 Hectares (Ha) and is currently occupied by an Industrial use heritage building and ancillary structures (Timber Manufacturing, Storage, Office, and Amenities).

· The site is identified as Bushfire Prone Land as identified by Council’s maps (refer to Figure 2).

· The site is zoned SP2 Infrastructure - Electricity generating works pursuant to the Central Coast Local Environmental Plan 2022 (refer to Figure 3).

· The site is identified as Mine Subsidence Advisory Class 7 as identified by Council’s maps (refer to Figure 4).

· The site has a Local Heritage Item identified as I154 Bulk store building per the Central Coast Local Environmental Plan 2022 (refer to Figure 5).

· A site inspection was undertaken with the applicant present at 9:30am on Thursday, 22 May 2025 (refer to Figures 6-8).

Figure 1: Arial view of the subject site (Source: Geoview)

Figure 2: Bushfire Prone Land (Source: Geoview)

Figure 3: Zoning Map (Source: Geoview)

Figure 4: Mine Subsidence Map (Source: Geoview)

Figure 5: Local Heritage Item I154: Bulk store building (Source: Geoview)

Figure 6: The site looking north west (Source: Site inspection)

Figure 7: The site looking west (Source: Site inspection)

Figure 8: The site looking south west (Source: Site inspection)

2.2 Site and application history

Council’s records show the below history of applications relevant to the site:

Application No.	Description	Decision	Decision Date
RZ/1/2007	List the Bulk Store Building as a Heritage Item of Local Significance under Schedule 1 of Wyong LEP 1991 (Bundle 2)	Approved	24 March 2009
DA/204/2007	Adaptive re-use of a heritage item for industrial purposes	Approved	18 March 2010
DA/204/2007A	Adaptive re-use of a heritage item for industrial purposes (Amended Application)	Approved	2 November 2011
DA/204/2007B	Adaptive re-use of a heritage item for industrial purposes (Amended application)	Refused	6 January 2012
DA/204/2007C	Adaptive re-use of a heritage item for industrial purposes (Amended application)	Refused	2 July 2015
SCC/50/2015	Adaptive re-use of a heritage item for industrial purposes (Amended Application)	Approved	9 May 2016
DA/204/2007D	Adaptive re-use of a heritage item for industrial purposes (Amended Application)	Returned	3 April 2023
DA/204/2007E	Adaptive re-use of a heritage item for industrial purposes (Amended Application)	Rejected	20 September 2023
DA/2170/2023	Industrial Storage Shed	Returned	15 November 2023

Table 1: Site and application history

3. Proposed development

The proposed Industrial Storage Shed development comprises:

· A colorbond clad and roofed storage shed 865m².

· Concrete slab on ground (refer to Figure 12).

· Vegetation clearing to the west of the development towards the western boundary to create and Inner Protection Area (IPA) pursuant to the conditions provided from the RFS referral.

· The Local Heritage Item is not proposed to be developed or impacted by the proposed development.

Figure 9: Perspective 1

Figure 10: Perspective 2

Figure 11: Floor Plan

Figure 12: Elevations

Figure 13: Section A400

4. Application background

4.1 External and internal referrals

External referrals

The application was referred to the following agencies for comment / concurrence as required by the EP&A Act:

Category	Agency	Concurrence/ referral trigger	Comments	Response
Concurrence requirements (section 4.13 of the EP&A Act)
Referral for consultation or other reason
Bushfire Prone Area	NSW Rural Fire Service	Section 4.14 - Environmental Planning and Assessment Act 1979 – Consultation and development consent—certain bush fire prone land	Vegetation removal required by the RFS to create an Inner Protection Area (IPA).	Supported, subject to conditions.
Integrated Development (section 4.46 of the EP&A Act)
Coal Mine Subsidence	Subsidence Advisory NSW	Section 22 – Coal Mine Subsidence Compensation Act 2017	Site is impacted with class 7 mine subsidence.	General Terms of Approval issued, subject to conditions.

Table 2: External referrals

Internal referrals

The application was referred internally in Council to the following technical areas:

Technical area	Conclusion
Ecology	Supported, subject to conditions
Heritage	Supported, no conditions required
Contributions	Supported, subject to conditions

Table 3: Internal referrals

4.2 Notification of development proposals

The proposed development was notified in accordance with Appendix A of Chapter 1.2 of Chapter 1.2 of the CCDCP 2022 and Central Coast Community Participation Plan, from 2 February 2024 to 16 February 2024.

No submissions were received in relation to the proposed development.

4.3 Political donations

Political donation declared

Disclosure of political donation

Yes

No political donations have been declared by the applicant.

Table 4: Political donations declared

5. Assessment

Having regard for the matters for consideration detailed in sections 4.14 and 4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act), and other relevant statutory requirements, the following section provides an assessment against relevant provisions, and identifies the key issues of this application.

5.1 Section 4.14(1) of the EP&A Act – Certain bushfire prone land

In accordance with section 4.14(1) of the EP&A Act, the following table outlines the proposal’s compliance with any bushfire considerations.

Bushfire prone land

Matters for consideration

Yes

The RFS has provided conditions of consent which from the commencement of building works and in perpetuity, the property around the proposed storage building must be maintained as an inner protection area (IPA) to specified distances and aspect in accordance with Appendix 4.1.1 of Planning for Bush Fire Protection 2019.

This will require vegetation clearance to create an IPA which is supported by Council’s Ecologist and will be conditioned in any consent.

Table 5: Bushfire Prone Land

5.2 Section 4.15(1)(a)(i) of the EP&A Act – Provisions of Environmental Planning Instruments (EPIs)

State Environmental Planning Policies

In determining a development application, the following relevant SEPPs are taken into consideration:

EPI	Matters for consideration	Compliance
National Parks and Wildlife Act 1974	An AHIMS search has been undertaken with a 200m buffer from the lot and no items or places of Aboriginal cultural heritage or significance has been identified.	Yes
State Environmental Planning Policy (Sustainable Buildings) 2022 (Sustainable Buildings SEPP)	The application does not require a BASIX certificate.	Not applicable
State Environmental Planning Policy (Resilience and Hazards) 2021 (Resilience and Hazards SEPP)	Chapter 4: Remediation of Land · The subject site has been used for industrial purposes not comprising hazardous or offensive development. · The site is not listed on Council records as contaminated. · Council is therefore satisfied that the land is suitable for the purpose for which development consent is sought.	Yes
State Environmental Planning Policy (Biodiversity and Conservation) 2021 (Biodiversity and Conservation SEPP)	Chapter 4: Koala habitat protection 2021 · There is no approved koala plan of management which applies to the site and no koalas are recorded to have occurred on the site.	Yes
State Environmental Planning Policy (Transport and Infrastructure) 2021 (Transport and Infrastructure SEPP)	· The site is not located on a classified road.	Not applicable
Subsidence Advisory NSW	· The site is identified as being impacted by class 7 mine subsidence and was referred to the Mine Subsidence Advisory Board for comment. General Terms of Approval were provided subject to conditions.	Yes

Table 6: Relevant State Environmental Planning Policies

National Parks and Wildlife Act 1974

The proposed development satisfies the provisions of the National Parks and Wildlife Act 1974. An AHIMS search has been undertaken with a 200m buffer from the lot and no items or places of Aboriginal cultural heritage or significance has been identified.

State Environmental Planning Policy (Sustainable Buildings) 2022

The proposed development does not require a BASIX.

State Environmental Planning Policy (Resilience and Hazards) 2021

The relevant provisions of the SEPP are addressed as follows:

Chapter 4: Remediation of Land

The Resilience and Hazards SEPP applies to any land defined in section 4.3 (1)(a) or (b).

The provisions of Section 4.6 have been considered in the assessment of the development application and consideration has been given as to whether the land is contaminated, and if the land is contaminated, the consent authority is satisfied that the land is suitable in its contaminated state (or will be made suitable, after remediation) for the purpose for which the development is proposed to be carried out.

The current use of the site is for Industrial Uses and there are no known previous uses that would lead to the site being contaminated or unsuitable for the proposed use.

State Environmental Planning Policy (Biodiversity and Conservation) 2021

Chapter 4 – Koala habitat protection 2021

The subject site is over 1ha in size and does not have an approved koala plan of management applying to the land. Council’s Ecologist is satisfied that the development will not cause adverse impact on Koala habitat.

State Environmental Planning Policy (Transport and Infrastructure) 2021

The site is not located on a classified road.

Subsidence Advisory NSW

The subject site is identified as being impacted with Mine Subsidence Guideline 7 and was referred to the Mine Subsidence Advisory Board (MSAB) for comment. The MSAB responded with general terms of approval subject to conditions and therefore satisfies the provisions.

Central Coast Local Environmental Plan 2022

The relevant local environmental plan applying to the site is the CCLEP 2022.

Zoning and permissibility

The proposed storage shed is not permitted development in the SP2 Infrastructure – Electricity generating works zone.

The proposed storage shed is permitted per clause 5.10, (10) of the CCLEP as follows:

(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that—

(a) the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and

(b) the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and

(c) the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and

(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and

(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

Refer to clause 5.10 of the CCLEP 2022 for further information on permissibility.

The storage shed development is defined as an industrial activity as follows:

industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting, or servicing of, or the research and development of, any goods, substances, food, products, or articles for commercial purposes, and includes any storage or transportation associated with any such activity.

The proposed storage shed is consistent with the objectives of the SP2 Infrastructure zone (refer to Figure 3) in accordance with Clause 2.3 of the CCLEP as the proposed development is compatible with the existing Industrial use of the site and does not detract from the provision of infrastructure.

1 Objectives of zone

· To provide for infrastructure and related uses.

· To prevent development that is not compatible with or that may detract from the provision of infrastructure.

· To recognise existing railway land, major roads, and utility installations and to enable their future development and expansion.

Relevant Clauses

The CCLEP 2022 contains controls relating to development standards, miscellaneous provisions, and local provisions. The relevant controls to the proposal are set out in the table below.

Clause 2.7 Demolition

No demolition is proposed.

Development standards	Requirement	Development proposal	Compliance
Part 4 Principal development standards
Height of buildings (clause 4.3)		There are no Height of Building standards over this site per the CCLEP 2022.	Not applicable
Floor space ratio (clause 4.4)		There are no Floor Space Ratio standards over this site per the CCLEP 2022.	Not applicable

Table 7: Part 4 Principal development standards

Development provisions	Requirement		Development proposal		Compliance
Part 5 Miscellaneous provisions
Heritage conservation (clause 5.10)		(10) Conservation incentives the consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that— (a) the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and (b) the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and (c) the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and (d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and (e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.		The application is accompanied by a Conservation Management Plan prepared by Godden MacKay Logan 2009 (Revised). The Report was reviewed by Council’s Heritage Officer and found that the development meets the requirements of clause 5.10(10) of the CCLEP 2022 and therefore, may be considered as permitted with consent within the SP2 Infrastructure zone as follows: o The proposal is in accordance with the policies and recommendations within the Conservation Management Plan prepared by Godden MacKay Logan 2009 (Revised). o The proposed shed is to be constructed away from the heritage building, allowing it to remain visible as a freestanding structure. o The proposed shed will not significantly alter the character of the setting in which the heritage item is experienced. o The proposed shed will not adversely impact the relationship between the heritage building and its external conveyor infrastructure. o The proposed shed will not reduce the appreciation of the visually dominant scale or character of the heritage item within the site. o The site has limited visibility from places outside the site as a result of the vegetation, existing and proposed, between the heritage item and Ruttleys Road.	Yes
Part 7 Additional local provisions
Acid sulfate soils (clause 7.1)		Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been— (a) prepared for the proposed works in accordance with the Acid Sulfate Soils Manual, and (b) has been provided to the consent authority.		The site is not identified on Councils Acid Sulfate Soils Map. The consent authority can be satisfied that the relevant considerations of this Clause have been satisfied.	Yes
Essential services (clause 7.6)		Development consent must not be granted unless the following services that are essential for the development are available or that adequate arrangements have been made to make them available when require: (a) the supply of water, (b) the supply of electricity, (c) the disposal and management of sewage, (d) stormwater drainage or on-site conservation, (e) suitable vehicular access, (f) the collection and management of waste.>		The proposed development has adequate essential servicing available to the development having regard for water, sewer, electricity, stormwater drainage, waste collection and vehicular access.	Yes

Table 8: Part 5 Miscellaneous provisions and Part 7 Additional local provisions

5.3 Section 4.15(1)(a)(ii) of the EP&A Act – Draft Environmental Planning Instruments (EPIs)

There are no draft EPIs that are relevant to the proposed development.

5.4 Section 4.15(1)(a)(iii) of the EP&A Act – Development Control Plans

Central Coast Development Control Plan 2022

Part 1.2 - Notification of Development Proposals

Part 2: Development Provisions

2.9 Industrial Development

The proposal is generally consistent with the provisions in Chapter 2.9 as detailed in the compliance table provided below:

Requirement	Proposed development	Complies with control	Complies with objective
Part 2.9.2.1 – Floor Space Ratio	0.8:1 FSR is required per this clause. The proposed development is less than 0.8:1 and satisfies this provision.	Yes	Yes
Part 2.9.2.2 Site Coverage	The proposed development satisfies the provisions of this control.	Yes	Yes
Part 2.9.2.3 Setbacks	The proposed development is greater than 20m from the front setback being a classified road and greater than 15m from the side and rear setbacks which satisfies all setback provisions.	Yes	Yes
Part 2.9.4.2 Design and Appearance of Buildings	The proposed development satisfies the provisions of this control.	Yes	Yes
Part 2.9.2.5 Car Parking and Maneuvering	The proposed development satisfies the provisions of this control.	Yes	Yes
Part 2.9.2.6 Off-Street Loading / Unloading	The proposed development satisfies the provisions of this control.	Yes	Yes
Part 2.9.2.7 Flooding and Stormwater Management	The site is not impacted with Flooding.	Yes	Yes
Part 2.9.2.8 Earthworks and retaining Walls	The proposal does not comprise cut and fill or retaining wall development	Yes	Yes
Part 2.9.2.9 Building Over and Adjacent to Sewer Mains	Not applicable	Yes	Yes
Part 2.9.2.10 Thematic Links	The proposed development matches or complements existing buildings on site and the overall theme of the estate.	Yes	Yes
Part 2.9.2.11 Site Landscape Works	The proposed development is located within a cleared portion of the site. The RFS required Inner Protection Area (IPA) vegetation clearing condition is able to be met and native mature trees are able to be retained concurrently.	Yes	Yes
Part 2.92.12 Storage Areas	The proposed development satisfies the provisions of this control.	Yes	Yes
Part 2.9.2.12 Design for Safety	The proposed development satisfies the provisions of this control.	Yes	Yes
Part 2.9.2.14 Security Fencing	The site is an existing industrial development area and has existing security fencing on site.	Yes	Yes
Part 2.9.2.15 Lighting	No lighting is proposed. The site is existing and has existing site lighting.	Yes	Yes
Part 2.9.2.16 Site Signs	No site signs are proposed. The site is existing and has existing site signage.	Yes	Yes
Part 2.9.2.17 Encouraging Energy Efficient Construction and Development	The proposed development satisfies the provisions of this control.	Yes	Yes
Part 2.9.2.18 Air Quality and Odor Control	Not applicable. The development is for an industrial storage shed only.	Yes	Yes
Part 2.9.2.19 Noise Generation	Not applicable. The development is for an industrial storage shed only	Yes	Yes
Part 2.9.2.20 Fire Mitigation and Control	The development is supported by the RFS, and any development consent will incorporate RFS conditions of consent,	Yes	Yes
Part 2.9.2.21 Waste Minimisation and Disposal	A Waste Management Plan was submitted with the DA. The proposed development satisfies the provisions of this control.	Yes	Yes
Part 2.9.2.22 Contaminated Sites	The site is not identified on the Contaminated Sites Map and proposes to continue the existing use of the site. This part is not applicable.	Yes	Yes
Part 2.9.2.23 Disabled Access	Any development consent will be issued with relevant provisions of AS1428.1 – Design for access and mobility and the Disability (Access to Premises – Buildings) Standards 2010.	Yes	Yes
		Yes	Yes

Table 9: Chapter 2.9 compliance table

2.13 Transport and Parking

Clause 2.13.3 of CCDCP requires off-streetcar parking to be provided at the following rate:

Requirement	Proposed development	Complies with control	Complies with objective
Part 2.13.3 - On-site Parking: Bulk Store requires 1 space per 300m². The industrial storage shed is 865m² and requires 3 car parking spaces.	The site has greater than 3 car parking spaces available for the new development.	Yes	Yes

Requirement

Proposed development

Complies with control

Complies with objective

Part 2.13.3 - On-site Parking:

Bulk Store requires 1 space per 300m². The industrial storage shed is 865m² and requires 3 car parking spaces.

The site has greater than 3 car parking spaces available for the new development.

Yes

Table 10: Chapter 2.13 compliance table

2.14 Site Waste Management

All Development Applications (DAs) submitted to Central Coast Council for approval must demonstrate that the resources and waste generated through the Site Preparation, Construction and Occupancy stages of the development will be managed.

Requirement	Proposed development	Complies with control	Complies with objective
A site waste management plan is required to be submitted	A site waste management plan was submitted which satisfies the provisions of this chapter.	Yes	Yes

Table 11: Chapter 2.14 compliance table

3.5 Tree and Vegetation Management

Requirement	Proposed development	Complies with control	Complies with objective
NSW RFS have undertaken an independent assessment and provided conditions which require an IPA (inner protection area) to be established to the property boundary towards the north and west and 20m to the east and south. The area to the east and south is clear (gravel hardstand). The area to the north and west supports some vegetation near the Lot boundary.	The IPA area is dominated by exotic species including Bitou Bush, Crofton Weed, Pampas Grass, Radiata/Slash Pine, and Coast Pennywort. The weed species are in high density and are growing through gravel areas. Approximately eight, small regrowth Smooth-barked Apple (Angophora costata) trees are within the proposed IPA. As these individuals are separated and located along the outer edge of the required IPA (near the Lot boundary) they could feasibility be retained. The only other native plant species observed were a few small Sydney Golden Wattle (Acacia longifolia) shrubs. The habitat that would be impacted by the IPA is not suitable for threatened flora and has low value for native fauna	Yes	Yes

Requirement

Proposed development

Complies with control

Complies with objective

NSW RFS have undertaken an independent assessment and provided conditions which require an IPA (inner protection area) to be established to the property boundary towards the north and west and 20m to the east and south. The area to the east and south is clear (gravel hardstand). The area to the north and west supports some vegetation near the Lot boundary.

The IPA area is dominated by exotic species including Bitou Bush, Crofton Weed, Pampas Grass, Radiata/Slash Pine, and Coast Pennywort. The weed species are in high density and are growing through gravel areas.

Approximately eight, small regrowth Smooth-barked Apple (Angophora costata) trees are within the proposed IPA. As these individuals are separated and located along the outer edge of the required IPA (near the Lot boundary) they could feasibility be retained. The only other native plant species observed were a few small Sydney Golden Wattle (Acacia longifolia) shrubs.

The habitat that would be impacted by the IPA is not suitable for threatened flora and has low value for native fauna

Yes

Table 12: Chapter 3.5 compliance table

3.6 Heritage Conservation

Requirement	Proposed development	Complies with control	Complies with objective
Part 3.6.2.3 Development in the vicinity of a heritage item The proposal is for another storage shed within a large industrial site which also comprises a local heritage item I154 Bulk store building. The proposed storage shed replaces an existing external storage area and is well away from the freestanding heritage item. The proposed shed is to be appropriately constructed of Colorbond in a dark colour making it more recessive within the landscape. The shed is to be used for the undercover storage of building materials.	o The proposal is in accordance with the policies and recommendations within the Conservation Management Plan prepared by Godden MacKay Logan 2009 (Revised) o The proposed shed is to be constructed away from the heritage building, allowing it to remain visible as a freestanding structure. o The proposed shed will not significantly alter the character of the setting in which the heritage item is experienced. o The proposed shed will not adversely impact the relationship between the heritage building and its external conveyor infrastructure. o The proposed shed will not reduce the appreciation of the visually dominant scale or character of the heritage item within the site. o The site has limited visibility from places outside the site as a result of the vegetation, existing and proposed, between the heritage item and Ruttleys Road.	Yes	Yes

Requirement

Proposed development

Complies with control

Complies with objective

Part 3.6.2.3 Development in the vicinity of a heritage item

The proposal is for another storage shed within a large industrial site which also comprises a local heritage item I154 Bulk store building.

The proposed storage shed replaces an existing external storage area and is well away from the freestanding heritage item.

The proposed shed is to be appropriately constructed of Colorbond in a dark colour making it more recessive within the landscape.

The shed is to be used for the undercover storage of building materials.

o The proposal is in accordance with the policies and recommendations within the Conservation Management Plan prepared by Godden MacKay Logan 2009 (Revised)

o The proposed shed is to be constructed away from the heritage building, allowing it to remain visible as a freestanding structure.

o The proposed shed will not significantly alter the character of the setting in which the heritage item is experienced.

o The proposed shed will not adversely impact the relationship between the heritage building and its external conveyor infrastructure.

o The proposed shed will not reduce the appreciation of the visually dominant scale or character of the heritage item within the site.

o The site has limited visibility from places outside the site as a result of the vegetation, existing and proposed, between the heritage item and Ruttleys Road.

Yes

Table 13: Chapter 3.6 compliance table

5.5 Section 4.15(1)(a) (iiia) of the EP&A Act – Planning agreements under section 7.4 of the EP&A Act

There are no planning agreements or draft planning agreements entered or proposed for the site. No further consideration is required in this regard.

5.6 Section 4.15(1)(a)(iv) of the EP&A Act – Provisions of regulations

Demolition is not proposed as part of this application.

5.7 Section 4.15(1)(b) of the EP&A Act – Likely impacts of development.

The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality must be considered. In this regard, potential impacts related to the proposal have been considered in response to EPIs outlined above.

The consideration of environmental, social, and economic impacts in the locality includes the following:

· Context and setting – The proposed construction of an industrial storage shed on an industrial site is consistent with the existing use of the site and setting.

· Heritage:

o The proposal is in accordance with the policies and recommendations within the Conservation Management Plan prepared by Godden MacKay Logan 2009 (Revised)

o The proposed shed is to be constructed away from the heritage building, allowing it to remain visible as a freestanding structure.

o The proposed shed will not significantly alter the character of the setting in which the heritage item is experienced.

o The proposed shed will not adversely impact the relationship between the heritage building and its external conveyor infrastructure.

o The proposed shed will not reduce the appreciation of the visually dominant scale or character of the heritage item within the site.

o The site has limited visibility from places outside the site because of the vegetation, existing and proposed, between the heritage item and Ruttleys Road.

· Flora and fauna impacts:

o The APZ area is dominated by exotic species including Bitou Bush, Crofton Weed, Pampas Grass, Radiata/Slash Pine, and Coast Pennywort. The weed species are in high density and are growing through gravel areas.

o Approximately eight, small regrowth Smooth-barked Apple (Angophora costata) trees are within the proposed APZ. As these individuals are separated and located along the outer edge of the required APZ (near the Lot boundary) they could feasibility be retained. The only other native plant species observed were a few small Sydney Golden Wattle (Acacia longifolia) shrubs.

o The habitat that would be impacted by the APZ is not suitable for threatened flora and has low value for native fauna.

· Noise and vibration – The development comprises an industrial storage shed and will not create nuisance noise and vibration.

· Safety, security, and crime prevention – The proposed industrial storage shed is to be located within an existing industrial use area.

Accordingly, it is considered that the proposed development will not result in any significant adverse impacts in the locality as outlined above.

5.8 Section 4.15(1)(c) of the EP&A Act – Suitability of the site

In accordance with section 4.15(1)(c) in determining a development application the suitability of the site for the proposed development is to be considered.

Having regard to the assessment above, it is considered that the proposed development is suitable for the site given:

· Proposed continuation of use of the site for industrial purposes.

· Minimal environmental impact on existing vegetation on the site.

· The development being in accordance with the policies and recommendations within the Conservation Management Plan prepared by Godden MacKay Logan 2009 (Revised).

· Compliance with relevant planning instruments, development control plans and other regulations.

Surrounding land uses are compatible with the industrial use.

5.9 Section 4.15(1)(d) of the EP&A Act – Any submissions made.

Section 4.15 (1)(d) of the Environmental Planning and Assessment Act 1979 requires consideration of any submissions received during notification of the proposal.

No submissions were received.

5.10 Section 4.15(1)(e) of the EP&A Act – Public interest

Approval of the proposed development is in the public interest for the following reasons:

· The proposal complies with relevant planning instruments, development control plans and other regulations.

· The proposal comprises minimal environmental impact on existing vegetation on the site.

· The development is in accordance with the policies and recommendations within the Conservation Management Plan prepared by Godden MacKay Logan 2009 (Revised).

6. Development contributions

Before the issue of a Construction Certificate, pursuant to Section 7.12 of the EP & A Act, the applicant must pay to Council a contribution in the amount of $686.07 as calculated at the date of this consent, in accordance with the Central Coast Section 7.12 Local Infrastructure Plan 2023.

Development Contribution Plan

Total contributions

The total amount payable may be adjusted at the time the payment is made, in accordance with the provisions of the Central Coast Section 7.12 Local Infrastructure Contributions Plan 2023. Contributions under the Central Coast Section 7.12 Local Infrastructure Contributions Plan 2023 are subject to quarterly indexation by CPI.

A copy of the Contributions Plan is available for inspection at 2 Hely St, Wyong or on Council's website: https://www.centralcoast.nsw.gov.au/plan-and-build/development-contributions-plans-and-planning-agreements.

$686.07

Housing and Productivity Contribution (HPC)

· The HPC applies to the whole of the Central Coast Local Government area and to the following types of development:

· The HPC came into effect on 1 October 2023 and will apply to development applications and complying development certificates across 43 council areas in the Greater Sydney, Illawarra-Shoalhaven, Lower Hunter, and Central Coast regions. The Ministerial Order sets out how the contribution will operate.

· The HPC class of development is Industrial development per the HPC and requires $15 per square meter of new GFA which is $12,975 for the proposed development.

· The HPC will be required to be paid prior to issue of a construction certificate.

7. Recommendation

A. That Development Application No. 71/2024 for an industrial storage shed at 464 Ruttleys Road, MANNERING PARK be APPROVED pursuant to section 4.16(1) of the EP&A Act subject to the draft conditions attached to this report at (Attachment B) for the following reasons.

B. The External Referral(s) be notified of Council’s decision.

8. Reasons for decision

· The proposal has been assessed against the relevant matters for consideration under Section 4.14(1) and Section 4.15(1) of the Environmental Planning and Assessment Act 1979 and is deemed acceptable.

· The consent authority is satisfied the assessment has had regard for the relevant provisions in Chapter 4 of State Environmental Planning Policy (Resilience and Hazards) 2021.

· The consent authority is satisfied the proposal meets the relevant provisions of the National Park and Wildlife Act 1974.

· The consent authority is satisfied the proposal meets the relevant provisions in Chapter 4 of the State Environment Planning Policy (Biodiversity and Conservation) 2021.

· The proposal is satisfactory having regard for the relevant environmental planning instruments, plans and policies.

· The proposal is permissible in the SP2 Infrastructure zone pursuant to Chapter 5.10(10) of the Central Coast Local Environmental Plan 2022 (CCLEP 2022) and consistent with the objectives of the SP2 Infrastructure zone per the Land Use Table of the CCLEP 2022.

· The proposal complies with the relevant development standards in Part 4 of the Central Coast Local Environmental Plan 2022.

· Having regard for the prerequisites to the grant of consent under the Central Coast Local Environmental Plan 2022, the consent authority can be satisfied that:

o Clause 5.10 Heritage - The proposed storage shed is permitted per clause 5.10(10) of the CCLEP and does not negatively impact on the identified local heritage item on the site.

o Clause 7.1 Acid Sulfate - The site is not identified on Council’s Acid Sulfate Soil map.

o Clause 7.6 Essential services – All services essential for the proposed development remain available to the subject site.

· The proposal is consistent with the relevant objectives of the Central Coast Development Control Plan 2022.

· The proposal will not result in unreasonable impacts on the local built or natural environment, nor any unreasonable social or economic impacts on the locality.

· All likely impacts to surrounding properties, including any submissions made, have been addressed in Council’s assessment report and are deemed acceptable.

· The site is suitable for the proposed development.

· The proposal is in the public interest.

Attachments

1 ⇩	Architectural Plans - FULL SET - PAN-402879 - 464 Ruttleys Rd, MANNERING PARK - DA/71/2024	D16040079
2 ⇩	Planning analysis - PAN-402879 - 464 Ruttleys Rd, MANNERING PARK - DA/71/2024	D16040089
3 ⇩	PUBLIC - Addendum to Bushfire Report - PAN-402879 - 464 Ruttleys Rd, MANNERING PARK - DA/71/2024	D16040097
4 ⇩	Heritage impact - PAN-402879 - 464 Ruttleys Rd, MANNERING PARK - DA/71/2024	D16040098
5 ⇩	PUBLIC - Statement Environmental Effects - PAN-402879 - 464 Ruttleys Rd, MANNERING PARK - DA/71/2024	D16040102
6 ⇩	Waste Management Plan - PAN-402879 - 464 Ruttleys Rd, MANNERING PARK - DA/71/2024	D16040103
7 ⇩	DA_71_2024_Site Visit	D16854272
8 ⇩	RFS Determination Letter	D16874533
9 ⇩	Ecology Referral Comments - 464 Ruttleys Road, MANNERING PARK NSW 2259 - DA/71/2024 - Environment Referral Comments - Central Coast Council	D16860749
10 ⇩	AHIMS Search DA_71_2024 - No results	D16859478
11 ⇩	DA712024 Heritage Comments 464 Ruttleys Road Mannering Park_ (003)	D16873976
12 ⇩	Subsidence Advisory NSW - Mines Stamped Plan - DA/71/2024 - 464 RUTTLEYS ROAD MANNERING PARK	D16888099
13 ⇩	Subsidence Advisory NSW General Terms and Conditions of Approval - DA/71/2024 - 464 RUTTLEYS ROAD MANNERING PARK	D16888081

Item No: 1.1
Title: Disclosures of Interest
Department: Governance
19 June 2025 Local Planning Panel Meeting

Item No: 2.1
Title: Confirmation of Minutes of Previous Meeting
Department: Corporate Services
17 July 2025 Local Planning Panel Meeting

*2.1*	*Confirmation of Minutes of Previous Meeting*
*Attachment 1*	*MINUTES - Local Planning Panel - 19 June 2025*

*3.1*	*DA/71/2024 - 464 Ruttleys Road MANNERING PARK NSW 2259 - Industrial Storage Shed*
*Attachment 1*	*Architectural Plans - FULL SET - PAN-402879 - 464 Ruttleys Rd, MANNERING PARK - DA/71/2024*

*3.1*	*DA/71/2024 - 464 Ruttleys Road MANNERING PARK NSW 2259 - Industrial Storage Shed*
*Attachment 2*	*Planning analysis - PAN-402879 - 464 Ruttleys Rd, MANNERING PARK - DA/71/2024*

*3.1*	*DA/71/2024 - 464 Ruttleys Road MANNERING PARK NSW 2259 - Industrial Storage Shed*
*Attachment 3*	*PUBLIC - Addendum to Bushfire Report - PAN-402879 - 464 Ruttleys Rd, MANNERING PARK - DA/71/2024*

*3.1*	*DA/71/2024 - 464 Ruttleys Road MANNERING PARK NSW 2259 - Industrial Storage Shed*
*Attachment 4*	*Heritage impact - PAN-402879 - 464 Ruttleys Rd, MANNERING PARK - DA/71/2024*

*3.1*	*DA/71/2024 - 464 Ruttleys Road MANNERING PARK NSW 2259 - Industrial Storage Shed*
*Attachment 5*	*PUBLIC - Statement Environmental Effects - PAN-402879 - 464 Ruttleys Rd, MANNERING PARK - DA/71/2024*

*3.1*	*DA/71/2024 - 464 Ruttleys Road MANNERING PARK NSW 2259 - Industrial Storage Shed*
*Attachment 6*	*Waste Management Plan - PAN-402879 - 464 Ruttleys Rd, MANNERING PARK - DA/71/2024*

*3.1*	*DA/71/2024 - 464 Ruttleys Road MANNERING PARK NSW 2259 - Industrial Storage Shed*
*Attachment 7*	*DA_71_2024_Site Visit*

*3.1*	*DA/71/2024 - 464 Ruttleys Road MANNERING PARK NSW 2259 - Industrial Storage Shed*
*Attachment 8*	*RFS Determination Letter*

*3.1*	*DA/71/2024 - 464 Ruttleys Road MANNERING PARK NSW 2259 - Industrial Storage Shed*
*Attachment 9*	*Ecology Referral Comments - 464 Ruttleys Road, MANNERING PARK NSW 2259 - DA/71/2024 - Environment Referral Comments - Central Coast Council*

*3.1*	*DA/71/2024 - 464 Ruttleys Road MANNERING PARK NSW 2259 - Industrial Storage Shed*
*Attachment 10*	*AHIMS Search DA_71_2024 - No results*

*3.1*	*DA/71/2024 - 464 Ruttleys Road MANNERING PARK NSW 2259 - Industrial Storage Shed*
*Attachment 11*	*DA712024 Heritage Comments 464 Ruttleys Road Mannering Park_ (003)*

*3.1*	*DA/71/2024 - 464 Ruttleys Road MANNERING PARK NSW 2259 - Industrial Storage Shed*
*Attachment 12*	*Subsidence Advisory NSW - Mines Stamped Plan - DA/71/2024 - 464 RUTTLEYS ROAD MANNERING PARK*

*3.1*	*DA/71/2024 - 464 Ruttleys Road MANNERING PARK NSW 2259 - Industrial Storage Shed*
*Attachment 13*	*Subsidence Advisory NSW General Terms and Conditions of Approval - DA/71/2024 - 464 RUTTLEYS ROAD MANNERING PARK*