090644_Council_Representation_010811 · 132008.169

Condition 6
Condition 6 requires the external colours and finishes to be of muted/environmental tones that blend
with the natural environment. There are no provisions of the planning scheme that require or limit
colour schemes for development of detached houses. This condition is neither relevant to nor
reasonably required in respect of the development.

Accordingly, we request that Condition 6 be deleted.


Condition 7
Condition 7 restricts the type of hot water system that can be installed. There are no provisions of
the planning scheme that require specific types of hot water systems for a detached house. This
condition is neither relevant to nor reasonably required in respect of the development and places an
unreasonable imposition of the development.

Accordingly, we request that Condition 7 be deleted.


Condition 8
Condition 8 requires a 10m setback to the northern (National Park) boundary. The planning scheme
only requires a 3m setback to this boundary and which has been complied with by the proposal plans.
Further, there are no mitigating circumstances that would warrant an increased setback in this
instance as evidenced by the supporting documentation submitted with the application and the advice
agency response from Department of Natural Resources and Resource Management in relation to the
National Park which did not request any additional setbacks from the 3m shown. A 10m setback
results in detrimental impacts to the proposed design and substantially compromises the design
integrity. This condition is neither relevant to nor reasonably required in respect of the development
and places an unreasonable imposition of the development.

Accordingly, we request that Condition 7 be deleted.


Condition 10
Condition 10 requires all building/structures to be removed from the Coastal Management District
setback. There are no requirements of the planning scheme restricting development within the
coastal management district (CMD) and in fact development within the CMD has been approved and
allowed by Council within the surrounding area under the planning scheme. Further, this requirement
is contrary to the approval of Department of Natural Resources and Resource Management as a
concurrence agency for the Coastal Management District for building within this area as shown on the
proposal plans. This condition is neither relevant to nor reasonably required in respect of the
development and places an unreasonable imposition of the development.

Accordingly, we request that Condition 10 be deleted.


Conditions 11 - 15
Conditions 11 – 15 require the provision of an environmental covenant over land largely within the
coastal management district setback area. The documentation submitted with the application has
demonstrated that the Non Urban Zoned portion of site is not of environmentally significance to
warrant exclusion of the proposed development and is capable of sustaining the proposed
development. The superseded planning scheme already recognises the environmentally significant
portion of the site through inclusion within the Open Space Zone. The proposed development does
not impact the Open Space Zoned area. Councils planning report suggests reasons for the
environmental covenant include:
 Greater setback from wetland – however no requirements from DERM as referral agency for the
    wetland was required;