2017-04-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        11 APRIL 2017


create a “worsening”. This has now been satisfactorily demonstrated and certification submitted
from the applicant’s consulting engineer.
The second part of this appeal relates to the condition of the downstream drainage system. Council
officers included a condition for an investigation (CCTV) of the downstream drainage system to
ensure that the system was in good order before Council permitted the development to proceed.
Given the downstream drainage system runs through private property and there is no drainage
easement in place the applicant is concerned they may not have legal right to undertake this
investigation. The applicant also submits they should not be responsible for undertaking any repair
work given they have now demonstrated the works necessitated by the supermarket will not result
in increased runoff into the downstream system. The applicant though offered (and subsequently
paid) the cost ($800) of undertaking the CCTV investigation to Council to cover Council’s costs in
undertaking the necessary investigation work.
This is considered a reasonable resolution of the appeal given the applicant has now demonstrated
the development will not result in increased stormwater runoff for downstream properties, with the
payment of CCTV investigation enabling Council to bring forward necessary investigation work. It
will also provide time for Council to undertake any necessary rectification works that may be
needed before the supermarket development proceeds.
It is therefore recommended that Council seek to resolve the appeal by deleting conditions 35(c)
& 35(d).

Previous Council Consideration
Ordinary Meeting, 18 August 2016, Item 6, Page 7
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 9 August 2016 regarding Application No. MCU16/0012 for a
Development Permit for Material Change of Use of Premises Retail Business Type 2 - Supermarket
situated at 5 Garnet Street, Cooroy and approve the application in accordance with the conditions
contained in the Planning & Environment Committee Agenda dated 9 August 2016 with an
amendment to condition 24 as follows:
      Loading Zone and Service Vehicles
24.   Service vehicle parking, manoeuvring and standing spaces must be provided on the site via
      Wimmers Lane generally in accordance with the approved plans, consultation with Council
      and the response to Council’s information request by Pekol Traffic & Transport dated 28 June
      2016. The loading and unloading activities must not block the traffic in Wimmers Lane. The
      works must be undertaken in accordance with an Operational Works approval and must
      include in particular:
      a.    loading bay for a HRV
      b.    loading bay for refuse vehicle MRV.
Ordinary Meeting, 19 January 2017, Item 5, Page 21
That Council note the report by the Development Planner to the General Committee Meeting dated
16 January 2017 regarding Planning and Environment Court Appeal 5023 of 2016 and agree to
defend the appeal.

Finance & Risk
Advice from Council’s solicitor has not been obtained as to Council’s likely prospects were this
matter to proceed to trial. However, a trial for such a condition appeal is likely to cost approximately
$30,000 to $50,000. Proceeding to trial may also mean costs being awarded against Council if the
appeal was upheld by the Planning & Environment Court.




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