2022-07-12 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       12 JULY 2022


The applicant subsequently lodged representations seeking the Preliminary Approval be changed
to a Development Permit and requesting:
•     The requirement for accessible access be removed;
•     Council accept an alternative to the conditioned front setback requirements; and
•     Changes to landscaping conditions.
It is recommended the representations made in regard to the front boundary setback and
landscaping conditions, including other minor changes to conditions be agreed to by Council.
However the request to change the approval to a Development Permit and removal of the
accessibility requirements and the currency period, is not supported. The condition for accessibility
is reasonably required and ensures access to at least one of the units for persons with limited
mobility. The currency period condition is consistent with the Planning Act 2016 default currency
period and clearly identifies when the approval will lapse.

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 July 2022, regarding representations made in relation to Application
No. MCU21/0228 & OPW21/0364 for a Development Permit for a Material Change of Use - Multiple
dwelling, Office, and Operational Works (Roadwork, Drainage Work, Landscaping, Stormwater,
Earthworks), situated at 245 David Low Way Peregian Beach, described as Lot 22 P9315, and:
A.    Approve to amend conditions 1, 2.2, 5, 15, 16, 24, 46, 56, 79 of the Preliminary Approval, to
      read as follows:
      PLANNING
      When Conditions must be Complied With
      1.    Development undertaken in accordance with this approval must generally comply with
            the approved plans of development. The approved plans are numbered 1622-DA02 to
            DA09 prepared by Blackburn and Jackson, dated 11 February 2022, 1622_L01_01_04
            1662_L03_01_04, and 1662_L07_01_01 prepared by Blackburn and Jackson, dated
            19 May 2022, and adopt the findings of Arborist Tree Assessment Report by
            Arboriculture Contractors Australia Pty Ltd, dated 27 April 2022. These plans must be
            amended in accordance with these conditions.
      2.    Amended plans and associated reports must be submitted to Council prior to any
            further development applications being made and must include the following to the
            reasonable satisfaction of the Manager, Development Assessment:
            2.1   One of the three (3) Multiple Dwelling units is to be:
                  i.     accessible by a safe, continuous and step free path of travel from the street
                         entrance of the property or from a car parking space;
                  ii.    has a step-free entrance door with opening width of at least 820 millimetres;
                         and
                  iii.   contains a bathroom on the entry level.
            2.2 The front boundary setback when measured from the outermost projection of the
                 vertical screen along the façade of Unit 1 is to be setback at least 5.4 metres
                 from the front property boundary.
      Currency Period
      5.    The development approval lapses if the use has not happened by 21 July 2028, unless
            an application to extend the currency period is approved by Council.
      Fencing and Walls


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