2017-04-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     11 APRIL 2017


The representation which sought to delete conditions 35(c) and (d) was not supported as further
investigations are required to demonstrate the works will not adversely impact on existing assets
and other properties downstream.
Following issue of the Negotiated Decision Notice on 29 November 2016, an appeal was lodged
with the Planning and Environment Court on 21 December 2016 by the applicant.
The appellant appealed conditions 35(c) and (d) which state:
35.   Stormwater drainage works must be undertaken in accordance with an Operational Works
      approval. The works must be generally in accordance with Drawing No P002 Rev E - Job No
      15087 dated 27/06/2016 and titled Preliminary Stormwater Drainage Layout and Details,
      prepared by VT Consulting Engineers and must include but not be limited to:
      a.   removal of the redundant sections of the 525mm RCP stormwater drainage pipeline
           within the site and in the Garnet Street road reserve
      a.   amendment to the alignment of the proposed 750mm by connecting the new pipeline
           directly into the existing downstream stormwater manhole on the vehicular crossover
           for Lot 46 C5602 (No 4 Emerald Street) on the opposite side of Wimmers Lane.
      b.   Investigation of the capacity and the condition of the existing downstream system to
           ensure:
           i.    No adverse impact on operation of the existing stormwater system.
           i.    No additional surcharge due to the new stormwater works, or only controlled
                 surcharge in accordance with the requirements of QUDM.
           ii.   CCTV investigation and field inspection report of the existing downstream system
                 extending to Emerald Street must be submitted to Council to demonstrate that
                 the downstream system is in good condition and all required repair or
                 improvements works are identified.
      c.   where necessary, undertake improvement works on the receiving stormwater drainage
           system to ensure the overall stormwater drainage system functions in accordance with
           the requirements of QUDM and/or to the satisfaction of Council.
      Section a. to c. of this condition is imposed pursuant to s665 of the Sustainable Planning Act
      2009 being non-trunk infrastructure.
      Section d. of this condition is imposed pursuant to s646 of the Sustainable Planning Act 2009
      being necessary trunk infrastructure identified by Council’s LGIP.
The appellant states that:
Conditions 35(c) and (d) are:
a)    not relevant to, and are an unreasonable imposition on, the development or use of premises
      as a consequence of the development;
b)    not reasonably required in relation to the development or use of the premises as a
      consequence of the development;
c)    vague and uncertain; and
d)    unenforceable to the extent that they require access to land owned by a third party
The conditions were imposed on the development approval as the applicant proposes to realign
an existing Council stormwater drainage line that conveys runoff through the site. The realignment
is necessitated by the location of the new supermarket building and includes installing a larger
diameter pipe. The conditions were imposed to ensure the new drainage system did not create a
worsening for properties downstream of the subject site by increasing the volume, velocity and
quantity of stormwater runoff. Through the appeal process Council officers met with the applicant
and suggested that the applicant’s consulting engineer demonstrate the development would not


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