2021-06-08 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                               8 JUNE 2021


RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 8 June 2021 regarding Application No. RAL20/0019 for a Development Permit for
Reconfiguring a Lot (1 into 2 lots), situated at 23 Jirrima Crescent, Cooroibah and:
A.    Refuse the application for the following reasons:
      1.    The proposal is not consistent with the 8.2.2.2 (1), (2)(a), (b), (c), (d), (e), (f), (g) and (i),
            Acceptable Outcomes AO6.1, AO6.2 and PO6 of the Biodiversity, Waterways and
            Wetlands Overlay as:
            a.    The proposal results in development within the Riparian Buffer Area, with the
                  proposed lot boundaries traversing the buffer area.
            b.    The proposal seeks to enhance, rehabilitate and protect only part of the identified
                  Riparian Buffer Area.
            c.    The proposed development increases the scale and intensity of development
                  within and adjacent to an ecologically important area which has the potential to
                  adversely impact on the site’s ecological values.
            d.    The proposal has the potential to result in additional clearing of vegetation in the
                  Riparian Buffer Area due to the vegetation clearing exemptions permitted by the
                  Planning Regulation 2017 and the planning scheme for lot boundaries and fencing.
      2.    The proposal is not consistent with 9.5.1.2 (1) (d) and (e) and Overall Outcomes 2(b),(c),
            Acceptable Outcome AO7.5, AO7.7 and AO7.9 and Performance Outcome PO7 of the
            Reconfiguring a Lot Code as:
            a.    The development does not provide for a lot layout that is responsive to the natural
                  environmental values present on the site.
            b.    The proposed lot boundaries traverse ecologically important areas and ecological
                  linkages.
            c.    The proposed environmental covenant area is only proposed over part of the
                  Riparian Buffer area and will not provide suitable protection to this ecologically
                  important area.
B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


REPORT
1.    PROPOSAL
The proposal is to subdivide 1 lot into 2 lots at 23 Jirrima Crescent, Cooroibah. The applicant seeks
to generally divide the block on an east/west alignment to result in a total of 2 lots. Proposed Lot 10
area is 2.571ha and proposed Lot 11 has an area of 1.5ha. An access easement is proposed within
lot 11 to provide access for Lot 10 to the western side of the waterway.
The applicant proposes an environmental covenant over part of the riparian buffer area extending a
minimum of 30 metres from the top of bank on either side of the waterway. It is proposed that the
covenant area would be rehabilitated.
The applicant maintains that the proposal would meet the overall outcomes of both the Biodiversity,
Waterways and Wetlands Overlay Code and the Reconfiguring a Lot Code.
The following figures provide a locality plan, aerial, and a proposed plan of subdivision.




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