2016-09-06 - Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                              6 SEPTEMBER 2016


Accordingly, Specific Outcome O1 of the Reconfiguring a Lot Code remains unaddressed as the
applicant has not demonstrated the proposed lots have the appropriate area and dimension to
accommodate the existing effluent disposal system. Furthermore, no information has been
provided to demonstrate the existing systems are appropriately sited and designed to minimise
impacts on water quality and biodiversity.
Third party advice was sought from Unitywater regarding any sewerage connection
requirements. Unitywater advised it does not have any requirements for either proposed lots to
connect to reticulated sewerage as the site is outside Unitywater’s sewerage connection area. A
connection to water supply is however warranted with each proposed lot to be metered
separately.
It is recommended only a Preliminary Approval be granted at this stage. Conditions are
recommended requiring a further code assessable application to be submitted to Council with the
provision of an effluent disposal report prior to the issue of a full approval. The report must
comment on the nature of existing systems and whether they have the capacity to continue
servicing the development without causing harm to the receiving environment. The report must
also provide evidence both proposed lots have an appropriate area and dimension to
accommodate existing systems and do not conflict with the proposed covenant area.
Bushfire Hazard
A large portion of the site to the north and smaller portion to the south is affected by a medium
bushfire hazard area under the Natural Hazards Overlay mapping. Where increasing lots within a
bushfire hazard area assessment is triggered against the bushfire provisions of the Natural
Hazards Overlay Code.
Specific Outcome O10 of the Natural Hazards Overlay Code seeks to maintain the safety of
people and property by avoiding subdivision of sites having a medium or high bushfire hazard.
Alternatively, a site specific bushfire hazard assessment must be provided. To address bushfire
hazard, the hazard assessment must either determine the site as having a low bushfire hazard
rating or provide recommendations as to how bushfire hazard can be appropriately addressed.
The application has not provided the necessary bushfire hazard and management assessment
and, therefore, does not satisfy Specific Outcome O10 of the Natural Hazards Overlay Code. The
applicant maintains that the proposed reconfiguration to create one additional lot does not further
endanger people or property, as two existing dwellings are situated onsite. However, the
proposed subdivision will create two new titles with the potential to introduce two unrelated
owners or parties residing on both proposed lots. A significant covenant area is also proposed
which is within close proximity to both existing dwellings onsite. The intent of the covenant is to
protect vegetation in its current state and evidence is required to ensure bushfire hazard is
acceptable before the proposed subdivision can be supported.
Access & Cross Over
Both dwellings on the site are currently serviced by an existing driveway and cross over which
provides direct access to David Low Way. The existing access was approved under the original
town planning consent for the duplex on the 22nd December 1993.
The standard of the existing access formed a critical component of the engineering assessment
for the proposed reconfiguration. The existing access is substandard and does not provide
sufficient sight lines to conform to the design speed of David Low Way and does not meet
minimum engineering safety standards.
The access is located on a section in David Low Way where sight lines are impeded to the north
by a bend in the road and a natural embankment with vegetation in the road reserve.
Additionally, David Low Way forms a crest to the south which also reduces sight lines for users of
the crossover.




                                                                                   Page 46 of 118