Development Application Letter

       contains areas mapped as containing biodiversity values and having landslide hazard.
       Given these constraints, the proposed location of the Dwelling House is considered to
       be the most practical and sensitive location given the environmental values of, and the
       natural hazards that affect the site.

   •   The location of the proposed Dwelling House close to Mcpauls Road is consistent with
       the prevailing pattern of development in the local area with existing dwelling houses
       located close to Mcpauls Road; and

   •   The two lots immediately to the north of the subject site, lot 22 on SP167229 and lot 2
       on SP221480 are only 2 hectares and 5.3 hectares respectively and neither lot is used
       for agricultural purposes at present. Furthermore, given the limited size of these lots, it
       is considered that neither of these of these lots could be used viably for agricultural
       production.

On this basis, it is considered that the proposed development does not realistically diminish
the productive capacity of the Agricultural Land Conversation Area in accordance with PO2
and is the most sensitive response to the environmental values and natural constraints that
affect the site.

Acceptable Outcome AO8.5 reads as follows;

       “On properties over 2 hectares in area, a distance of not less than 200 metres is
       provided between a sensitive land use and land on an adjacent rural zone property
       over 4 hectares in mapped Agricultural Land Conservation Area.

The subject lot is larger than 2 hectares and the proposed Dwelling House is within 200m of
land mapped as part of an Agricultural Land Conservation Area on the following adjoining lots,
lot 2 on SP221480, lot 2 on RP201477 and lot 11 on SP260173 which are all lager than 4
hectares. On this basis, the proposal has been assessed against the Performance Outcome
PO8 below.

PO8, reads as follows:

       “Notwithstanding that intensive rural activities may need greater separation distances,
       buildings and other structures are appropriately sited and designed to:

               1. avoid environmental harm or nuisance to sensitive land uses, including
                  adverse impacts on amenity values, over and above what could
                  reasonably be expected in the rural zone;
               2. avoid adverse impact on ecologically important areas including National
                  Parks, watercourses, and wetlands;
               3. mitigate risks associated with the use of chemicals or air pollutants; and
               4. avoid conflict with rural uses and activities on adjoining properties”.

Applicant’s Comments
As mentioned in the discussion about AO2.4 above, the proposed location of the Dwelling
House is considered to be most appropriate location given the established character of the
local area and the environmental values and natural hazards that affect the site. Within this
context, the proposal is considered to comply with PO8 for the following reasons: