2021-09-07 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   7 SEPTEMBER 2021


At its closest point the waterway is situated 80 metres from the dwelling on land at least 35 metres
lower than where the dwelling is situated. This means access to the waterway is via a 43% slope
and access is difficult to undertake works noting that equipment would need to be carried both to
and from the waterway.
The following image details the location of the waterway and includes contours at 1 metre intervals.




Furthermore, the nature of the proposed use and the topography of the site means that guests of
the short term accommodation will not be accessing the waterway or surrounding area or impacting
on the site’s environmental values.
Therefore there is no nexus between the approved short term accommodation use and the
requirement to rehabilitate the waterway.
Accordingly, the applicant’s request to delete condition 23 is supported as it is not considered a
reasonable and relevant condition pursuant to the Planning Act 2016.
It is noted that the Planning Act does not allow for consideration of a person’s financial
circumstances.

3.    CONCLUSION & REASONS FOR DECISION
The applicant has made representations seeking to delete condition 23 which requires rehabilitation
to 10 metres either side of the waterway. Due to the topography of the site and the nature of the
proposed use which will not impact on the environmental values of the site the applicant’s requests
is supported.
Departments/Sections Consulted:
     Chief Executive Officer          Community Services                      Corporate Services
     Executive Officer                Community Development                   Financial Services
     Executive Support                Community Facilities                    ICT
                                      Libraries & Galleries                   Procurement & Fleet
                                      Local Laws                              Property
                                      Waste & Environmental Health            Revenue Services

     Executive Services           x   Environment & Sustainable Development   Infrastructure Services
     Community Engagement             Building & Plumbing Services            Asset Management
     Customer Service                 Development Assessment                  Buildings and Facilities
     Governance                       Economic Development                    Civil Operations
     People and Culture               Environmental Services                  Disaster Management
                                      Strategic Land Use Planning             Infrastructure Planning,
                                                                              Design and Delivery




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