Planning-report-12 Figbird Court 1 Dec 2021 Final

4.3        Variations to planning provisions
Table 5: Proposed variations to the planning scheme
 Ref                       Planning provision                       Proposed variation and justification

                           PO2                                      The proposed development be permitted to
                           loss or diminished productive capacity   locate with 200 metres of land mapped
                           of Agricultural Land Conservation        as Agricultural Land Conservation Area.
                           Area
                                                                    The mapped Agricultural land conservation
                           AO2.4                                    area is irregular in shape, estimated to be less
                           No sensitive land use is established     than 1.5 hectares in area and fragmented
                           closer than 200 metres from land         forming part of two separate allotments.
                           mapped as Agricultural Land              While a dwelling house is defined as a
                           Conservation Area                        sensitive land use the adjacent mapped area
                                                                    is unlikely to be viable for productive
                                                                    agriculture of a scale that would be expected
                                                                    to have an adverse impact on existing
                                                                    residential uses and the proposed
                                                                    development.
                           PO8                                       The proposed development be permitted
                           buildings and other structures are        partly within the Riparian buffer area.
                           appropriately sited and designed to:
                                                                    The proposed building has a minimum 200
                           1. avoid environmental harm or           metre set back from the closest
                              nuisance to sensitive land uses,      Environmental management and
                              including adverse impacts on          conservation zone to the south around Lake
                              amenity values, over and above        MacDonald and approximately 230 metres
   Rural Zone Code            what could reasonably be              separation from the ponded area of Lake
    Table 6.8.3.3             expected in the rural zone;           Macdonald.
     PO2, AO2.4            2. avoid adverse impact
     PO8, AO8.4               on ecologically important             Notwithstanding the non-compliance of the
                              areas including National Parks,       proposed building with the Acceptable
                              watercourses, and wetlands;           outcome:
                           3. mitigate risks associated with the       The building is located at the outer edge
                              use of chemicals or air pollutants;       of the buffer zone and is 230 metres
                              and                                       from Lake Macdonald;
                           4. avoid conflict with rural uses and       the development will be connected to
                              activities on adjoining properties        the existing 10 EP advanced secondary
                                                                        effluent HSTP;
                           AO8.4                                       a new surface irrigation area will be
                           In addition to the circumstances of          located outside the Riparian buffer area;
                           AO8.1, to AO8.3 above, buildings and        the proposed development effectively
                           structures meet the following                extends an existing defined use
                           minimum boundary setbacks:                   (dwelling house) located partly within
                                                                        the Riparian buffer area and clusters
                           5. 20 metres from a property                 existing and proposed buildings on a
                              boundary of adjoining land in the         ridge line, utilises a shared driveway,
                              Environmental management and              provides convenient proximity and
                              conservation zone;                        access between the principal and
                           6. a distance greater than the width         secondary dwellings and to shared
                              of the riparian buffer area shown         existing ancillary buildings, and
                              on Biodiversity, Waterways                preserves a large area of the site as an
                              and Wetland Overlay maps;                 open rural area;
                           PO3                                      That a secondary dwelling >65 SQM and
                           A secondary dwelling:                    <100 SQM be permitted.
 Low density
 housing code Table        1. forms part of a dwelling house and        The proposed extension, will provide a
 9.3.1.3 Housing              is not subdivided from the balance         secondary dwelling in response to
 choice                       of the dwelling house;                     changed family and health
 PO3                       2. contributes to housing choice for          circumstances of the owner residents
                              members of the one household;              who live on the land and allow adult
                                                                         family members to live on the land and




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