2014-12-15 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                           15 DECEMBER 2014


REPORT
1.   PROPOSAL
The application seeks approval for a permissible change to the original development. The
changes involve an amendment to Condition 114, Contributions to Council Infrastructure to:
   Allow for the provision of staged payments of the contributions to align with the staging in
     accordance with the approved plan; and
   Review the Roadwork contribution amount which is not seen to be fair or reasonable and
     believed to be overly excessive for this development.

2.   SITE DETAILS
2.1. Background
On the 18 January 2010, Council issued the following type of approvals:

   A Preliminary Approval to Override the Planning Scheme for 22 Village Industry Lots; and
   Development Permit for Reconfiguration a Lot (22 Village Industry Lots, a Balance Lot,
     Drainage reserve and Park Lots).
At the time the original application was publicly notified, 19 properly made submissions (3
supportive of the proposal and 16 objecting) were received.

On the 16 December 2011, Council issued a permissible change to amend the layout of
proposed lots 6, 7 & 8.

On the 11 September 2013, Council issued an extension to relevant period, with the approval set
to expire on the 24 February 2016.

The Locality Plan and existing Plan of Development are included as Attachment 1 & 2.

3.   ASSESSMENT
The applicant has requested to make a change to a development approval under s369 of the
Sustainable Planning Act 2009. A request to change a development approval under s369 can
only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to
constitute a permissible change on the grounds that:
   The change would not result in a substantially different development because the proposal
     does not increase the number of proposed lots;
   The Department of Natural Resources & Mines were an initial Concurrence Agency. The
     State Assessment Referral Agency advised on the 17 November 2014 they have no
     objection to the change;
   Unitywater advised on 19 November 2014 they are agreeable to the request to include a
     provision for staged payments of infrastructure contributions in line with the approved
     staging.
   The original application was impact assessable. It is unlikely any new or different
     submissions would be received if the application were re-made and publicly notified; and
   The change would not cause the approval to involve prohibited development.




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