2020-04-30 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                                    30 APRIL 2020



 Matters Raised                                      Comments
 Claims about the applicant’s character, personal
 behaviour and unrelated alleged operation of an
 Air BnB sub-let.

 Approval will create a precedent in this area       The site has an existing current approval for a nursery
                                                     and the proposal does not seek to expand the site’s
                                                     existing commercial operations and will not result in
                                                     any new or additional impacts on the amenity of the
                                                     surrounding area.

 Was not aware of the zoning change from             There has been no zoning change.
 residential to business/commercial.

 Building would not fit in with homes in the area,   The proposal does not involve the development of a
 would not like to have to view a brick wall when    new building or brick wall. The submission appears to
 walking out back of property.                       assume that the development relates to lot 897 which
                                                     abuts the common boundary with the submitter’s
                                                     property. It appears that the submitter has incorrectly
                                                     identified the wrong site as being the subject site.

 Previous requests to change the land use on site    There have been no previous development
 have been rejected by Council.                      applications for Material Change of Use for this
                                                     property other than the current approval for the
                                                     nursery.

 Signage on site breaches Council regulations.       The signage has been reviewed by Council’s
                                                     Development Compliance Officer who has confirmed
                                                     that it complies with current requirements.

 Applicant makes false claims about doing no work    Internal works to the building and gates providing
 to the property. New gates providing access from    pedestrian access to the site do not require planning
 David Low Way and paving in road reserve            approval. It is noted that paving has been installed
                                                     between the property boundary and the existing
                                                     footpath.

6.    CONCLUSION & REASONS FOR DECISION
The application proposes a Material Change of Use for Commercial Business Type 1 – Office (real
estate). The office is to be situated on land which lawfully accommodates a nursery use and which
was originally approved in 1972.
The site is zoned Detached Housing therefore the proposed use conflicts with the planning scheme’s
strategic intent for the site. Notwithstanding the site’s current zoning it is reasonable to support the
proposed use as commercial activity has occurred on the site since approximately 1969.
Furthermore the application does not propose the addition of any new buildings as the use will be
accommodated within an existing building on site. The proposed office will be used by a maximum
of 2 staff with limited visitation by clients due to the client meetings generally being conducted at a
client’s residence. The commercial scale of the proposed use is minor and can be accommodated
on site without impacting on the surrounding area.
A number of conditions are recommended to address car parking and the nature and extent of the
office use so that the use will not result in any significant new or additional impacts on the surrounding
residential amenity.
Accordingly, it is recommended that the application be approved subject to conditions.




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