Negotiated Report (Representations made) 132008 176 05 (As Published)

                                                    Landslide Hazard

                    Assessment Type                 Other Change to Approval - Impact



               1.     BACKGROUND
               A development approval for a Material Change of Use - Resort complex and Shop was issued on
               17 October 2024
               The applicant suspended the appeal period and made representations on 28 November 2024 to
               the development approval conditions. The representations are detailed below but primarily relate
               to clarification of conditions relating to building height and ground levels, external building
               treatment, timing of certain works and vegetation and fencing.
               At the time the application was publicly notified, 107 properly made submissions were received
               including 21 in support of the proposed development. The submitters were primarily concerned
               with retention of vegetation on site for Glossy Black Cockatoos and koalas, impacts on the water
               table, concerns about additional tourist accommodation and aspects relating to building design,
               traffic, parking, pedestrian movements and impacts on infrastructure.
               2.     ASSESSMENT
               An assessment in relation to each of the submitted representations is provided below:
               Existing Condition 6
               6. The maximum height of the development must not exceed 15 metres above the ground level.
               including where excavation is undertaken to the exposed portion of the external façade of the
               building.
               Applicant’s Request
               The applicant has requested existing condition 6 be amended as they consider the condition
               relates to the external facades of the building that face the external site boundaries. The applicant
               requests that the condition is amended as follows:
               The maximum height of the development must not exceed 15 metres above the ground level.
               Including where excavation is undertaken to the exposed portion of the external facade of the
               building facing site boundaries.
               Assessment of Request
               The applicant’s interpretation of the condition is not correct as the planning scheme refers to the
               exposed external facades of the building and does not make reference to site boundaries.
               Specifically, AO9.2 states:
               AO9.2 Where excavation is required, the maximum portion of the exposed external façade of
               the building cannot exceed the building height in AO9.1
               All portions of the building are not to exceed a height of 15 metres and concerns are raised with
               the requested change as a number of buildings are perpendicular to the site boundaries which may
               be visible from areas external to the site.
               It is noted that information submitted as part of the application included comments from the
               application that exposed external facades comply with height requirements.
               Recommendation
               It is recommended existing condition 6 remain unchanged.




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Document Set ID: 23616598
Version: 2, Version Date: 05/03/2025