2014-10-14 Planning & Organisation Committee Agenda - Pages 1 - 50

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                            14 OCTOBER 2014


RECOMMENDATION
That Council note the report by the Senior Development Planner to the Planning & Organisation
Committee Meeting dated 14 October 2014 regarding a request to change existing approval
132004.240018 and approve a change to Condition 65.1.2 as follows:
Condition 65.1.2
The remaining section of Garnet Street extending from the Pine Street intersection (and
excluding the section to be upgraded to an external Urban Collector Road) to approximately
inline with the eastern boundary of Lot 189 on MCH 976 shall be upgraded to an External Rural
Distributor Road. The upgrading of Garnet Street shall also be designed to enable flood free
access to the site during a 1 in 2 year Average Recurrence Interval (ARI) flood event with a
maximum trafficable depth of 200mm for a 1 in 10 year ARI flood event and with the product of
flow depth and velocity being less than 0.4m2/s. This part of the road must be completed prior to
the sealing of the survey plan for Stage 3 or any other subsequent stage of the development,
unless an alternative agreement is entered into by the Developer and Council by way of an
Infrastructure Agreement.


REPORT
1.   PROPOSAL
The application seeks a change to a condition of an existing development approval for a Material
Change of Use and Reconfiguring a Lot for 174 detached housing lots, known as Greenwood
Grove estate. The requested change is to condition 65.1.2 relating to the upgrade to Garnet
Street, which is the primary access road to the estate. The condition was reflective of the
planning scheme standards at the time and requires upgrades to Garnet Street to achieve:

   Flood free access to the site during a 1 in 10 year ARI flood event; and
   A maximum trafficable water depth of 300mm for a 1 in 100 year ARI flood event.

The applicant submits that these levels of flood immunity and trafficability are unfeasible and
requests the condition be amended to reflect achievable levels.
2.   SITE DETAILS
2.1. Application Background
On 25 May 2006 Council granted approval for a Material Change of Use of Premises and
Reconfiguration of a Lot for the 174 lot staged subdivision at Greenwood Grove in Cooroy. A
Negotiated Decision Notice was subsequently issued on the 7 September 2006.

In May and November 2008 Council agreed to requests to amend conditions 65.1.1, 65.1.2,
65.1.3 (Upgrading Garnett & Pine Streets) & 132 (Service Easements). The changes to
condition 65 allowed aspects of the road upgrades to be delayed until prior to the completion of
stages 3 and 5 of the subdivision.
In June 2010 Council agreed to extend the relevant period to 2014, with a corresponding change
to Condition 4. Council has since confirmed that the approved use has commenced and the
approval will not lapse.
In November 2010 Council refused a request to change Condition 65.1.3 to allow a partial
monetary contribution in lieu of completing the road upgrade works to Garnet Street. Council’s
grounds for the refusal were:
   The upgrade to Garnet Street is required to service the approved residential development;
     and
   A payment of a contribution in lieu is unsatisfactory, as the road upgrade must be completed
     prior to the creation of further residential allotments accessed via Garnet Street.

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