2018-02-06 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    6 FEBRUARY 2018


Condition 65
65.   The rear 2 metres of Blocks 10, 11 and 12 is to be extensively landscaped and no
      structures or swimming pools are to be located in these areas. No access is to be provided
      from the rear of these Blocks to Resort Drive
Applicant’s requested change
We note that previous representations were made that this condition should be either deleted or
amended to allow structures and / or swimming pools in the rear 2 metres of these blocks. We
maintain our previous position, and reiterate that this has significant design implications for these
buildings and will also adversely impact on the area of useable outdoor open space for future
occupants of these units.
It is understood that Council imposed the requirement that no structures or swimming pools are
to be located within a 2m landscape setback primarily to ensure that existing vegetation
(including koala food trees) along the Resort Drive frontage are retained. The proposed
development achieves this landscape outcome without the need to setback pools and structures
an additional 2 metres. In particular, a significant number of trees will be retained along the
Resort Drive frontage as required by conditions 20e and 21 of the Negotiated Decision.
An updated Vegetation Management Plan (VMP), which is currently being prepared, will
demonstrate the number of trees able to be retained, subject to arborist certification during the
detailed engineering phase of the project. The VMP will demonstrate the “tree protection zones”
of all trees to be retained, the majority of which are anticipated as being clear of the construction
zone for the plunge swimming pool and boundary fences. In addition, where it is practical to do
so, directional drilling techniques will be utilised to construct utility services along Resort Drive, to
ensure tree retention.
In addition to the above, it is proposed to maintain the opportunity for occasional pedestrian
access to the rear of Blocks 10, 11 and 12 for garden and pool maintenance only. The proposed
restriction to access to Resort Drive will be included within the Community Management
Statement for the development.
We therefore request that this condition be amended to read as follows:
65.   The rear 2 metres of Blocks 10, 11 and 12 is to be extensively landscaped and no
      structures or swimming pools are to be located in these areas. No access is to be Access,
      where provided from the rear of these Blocks 10, 11 and 12 to Resort Drive, is limited
      to garden and pool maintenance access only. No vehicular access is permitted.
Assessment
The proposed change to Condition 65 is not supported as the provision of pedestrian access for
pool and garden maintenance will result in the on-going use and disturbance of the slope of road
reserve. This vegetation in the road reserve has koala habitat values and is required to be
retained and protected so these values can persist into the future. The intent of the 2m wide
landscape setback area within the development site is to ensure a development buffer to the
protected road reserve vegetation (including roots zones) is maintained. The applicant has not
provided sufficient justification to warrant accepting the proposal and sufficient doubts exists as
to the benefits their proposal brings to the retention and protection of the vegetation.
The provision of pools in the 2m landscape area, rear lot access and an informal pathway will not
preserve the koala habitat values in the road reserve and will lead to their degradation.
Accordingly, it is recommended that Condition 65 remains unchanged.




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