2022-07-12 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     12 JULY 2022


Applicant’s Representations
This requirement applies the default currency period under the Planning Act 2016. As such, it
should be included in Section 3 of the Decision Notice titled “3. Currency period of approval”, not
in the approval conditions, as this is not a “sunset clause” condition of a staged development.
Accordingly, we request that the currency period be included in Section 3 of the Development
Permit and the Condition be Deleted.
Assessment of Representations
The Planning Act 2016 s85 outlines that the currency period of a development approval relating to
a material change of use is for a period of 6 years after the approval starts to have effect, or the
period stated for that part of the approval. Council imposes a standard condition relating to the
currency period of the development to avoid ambiguity regarding the currency period of
development and the date the approval will lapse.
The applicant’s representations are not agreed to and condition 3 should remain but amended to
the date of decision i.e. 21 July 2028 to ensure the currency period remains consistent with the
Planning Act 2016.

Landscaping Works Representations
Condition 46
Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered 188-002-002-B, 188- 002-100,
188-002-200-201, 188-002-300 (as annotated by Council), 188-002-301-302 & 188-002-40
prepared by Bax Engineering, dated 7 February 2022. These plans must be amended in
accordance with these conditions.
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:
    A revised Landscaping Plan relative to plan numbered, 1622_L01-01_03 & 1622_L03-01_03,
    is to be provided for approval detailing:
        The existing vegetation between the proposed fence along the road boundary of Lot 22
        P9315 and the kerbside must be assessed by a qualified person* and retained, and
        protected where possible.
        Where mature trees are to be removed, reasonable grounds must be given by the qualified
        person*, and substituted with additional Baeckea virgata or Banksia integrifolia with a
        minimum pot size of 100L or greater.
Applicant’s Representation
In conjunction with the applicant’s representations an Arborist Report and revised Landscaping
Plans have been provided to address Condition 46 of the Operational Works Preliminary Approval.
The supporting documentation addresses the reasons for Preliminary Approval for the Operational
Works. As such, we request that Council approve the Arborist report and amended landscape
plans, and delete Condition 46, which is no longer relevant.
Assessment of Representation
It is agreed that the revised Landscaping Plan and Arborist Report adequately addresses the
condition. Accordingly, the Arborist Report may be conditioned as an approved document, and
the revised Landscaping Plans conditioned as approved plans. Condition 46 may be amended to
include the supporting document and revised landscaping plans as approved plans of the
development.




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