2021-06-08 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         8 JUNE 2021


The primary issue arising from the proposed reconfiguration is the dissection of the riparian buffer
area by the proposed new lot boundary. This approach is not supported as it conflicts with the
planning scheme’s intent to protect ecologically important areas, inclusive of riparian buffer areas
and waterways.
The riparian buffer area covers a significant portion of the rear of the site, extending for a distance
of approximately 80 metres either side of the waterway and covers approximately 50% of the site.
The following image details the extent of the riparian buffer area.




                                Figure 4 – Extent of Riparian Buffer Area

The planning scheme seeks to protect riparian buffer areas and waterways from development so as
to ensure the protection of the ecological values. The creation of a lot boundary through the riparian
buffer area threatens these ecological values as it creates the opportunity for default and exempt
clearing and increases the potential for impacts on the riparian buffer.
The proposed lot layout would result in multiple landowners having access to the riparian buffer area
as opposed to the current arrangement where the occupation is limited to one household. The
applicant has proposed an environmental covenant which due to the form of the proposed layout
would apply to two separate landowners. The proposed covenant is also only proposed over part of
the riparian buffer and not the full area identified as riparian buffer.
Where multiple land owners are a party to an environmental covenant it results in an uncoordinated
approach to the management of the covenant requirements and therefore increases the potential for
non-compliance with these covenant requirements. Whilst the applicant has proposed a covenant
area which extends 30 metres from the top of the bank and rehabilitation of this area the extent of
the covenant area and rehabilitation does not satisfy the scheme requirements. The extent of
covenant and rehabilitation as proposed by the applicant would result in approximately 50 metres of
land each side of the waterway being unprotected by covenant and not rehabilitated. The planning
scheme seeks to protect an area of approximately 20,167m2 whilst the applicant proposes an area
of 8,106m2.
Furthermore, the creation of a new lot boundary through the riparian buffer will likely result in the
development of a new fence on the common boundary - the planning scheme allows for the
clearance of vegetation up to 5 metres either side of the new fence line.
It should be noted that considerable time has been spent with the applicant to explore whether an
alternative lot layout can be achieved without creating a boundary through the riparian buffer area.
The alternatives proposed by the applicant resulted in undersized lots, impractical lot arrangements
and limited areas outside the riparian buffer area suitable for the development of a dwelling and
associated outbuildings.


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