2017-03-07 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  7 MARCH 2017


The following reasons were identified for the issue of a Preliminary Approval in lieu of a
Development Permit:
1.   A Bushfire Management Plan (BMP) was not submitted as part of the supporting material
     for the development application. The BMP was required to address Medium Bushfire
     Hazard that affects the northern and southern portions of the site in conjunction with
     analysis of minimum vegetation setbacks to a proposed covenant and default building
     envelopes.
2.   An effluent disposal report was not submitted as part of the development application. The
     effluent report was required in order to identify the capacity of existing onsite systems and
     whether each system (including trench areas) are wholly located within each proposed lot
     they intend to serve.
The applicant submitted representations on 27 September 2016 and provided a BMP and
effluent disposal report both of which are discussed below in more detail:
Bushfire Management Plan
The submitted BMP broadly addressed Council’s concerns regarding fire hazard and
management over the site. However, the BMP recommended minimum vegetation setbacks of
12m to any building area on proposed Lots 1 and 10m to proposed Lot 2.
As depicted in Attachment 1, an amended proposal plan was provided incorporating the
recommendations of the BMP which also included a 747m2 indicative building envelope to
proposed Lot 1 and a 648m2 envelope to proposed Lot 2. The recommended minimum
vegetation setback was also provided to the perimeter of each building envelope resulting in a
significant reduction to the proposed covenant.
Following negotiations with the applicant and various amendments to the proposal plans
comprising namely reductions to indicative building areas and enlargement of the proposed
covenant, agreement was reached and a Development Permit for a Reconfiguration of a Lot (1
Lot into 2 Lots & Access Easement) was issued on 6 December 2016. The negotiated
subdivision layout is provided in Attachment 2.
Effluent Disposal Report
The submitted effluent report confirmed existing systems onsite are substandard and do not meet
minimum industry standards. The matter was referred to Council’s Building and Plumbing Section
for investigation.
The effluent report confirmed existing systems onsite are wholly within each proposed lot they
intend to serve, with the disposal area located outside the agreed covenant area.
Following issue of a Negotiated Decision Notice for a Development Permit for a Reconfiguration
of a Lot (1 Lot into 2 Lots & Access Easement), an appeal was lodged with the Planning and
Environment Court on 16 January 2017 by the applicant. The appeal seeks a reduction to the
approved covenant area over both proposed lots as shown on the approved plans submitted by
the applicant.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 15 September 2016, Item 2, Page 6
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 6 September 2016 regarding Application No. REC16/0015 for a
Development Permit for Reconfiguring a Lot (1 lot into 2 lots and Access Easement) situated at 2
David Low Way, Castaways Beach and issue a Preliminary Approval in accordance with the
conditions contained in the Planning & Environment Committee Agenda dated 6 September
2016.



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