2021-06-08 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           8 JUNE 2021


      See our comments at (b) below, we are of the view that this is a matter capable of being
      conditioned.
      (b)      Overall Outcome (b)(i) of the Detached Dwelling Code in that the proposed dwelling units
               would adversely impact the occupation and use of buildings and the site having regard
               to the nature of development including that the non-residential uses that are proposed to
               occur below the dwelling units are presently unknown;
      We suggest a condition could be included requiring that the ancillary dwelling unit not be
      occupied independently of the industrial use i.e. if the use were to change, the ancillary
      dwelling unit would need to be vacated, to avoid any adverse impact on the occupation of the
      buildings.
      (c)      Overall Outcome (b)(ii) of the Detached Dwelling Code in that the proposed dwelling
               units would inhibit the conduct of existing approved land uses being the non-residential
               uses below the dwelling units; the exact nature of which are presently unknown;
      Please refer to our comments provided in respect of point (b) above.
      (d)      Specific Outcome 26 of the Detached Dwelling Code in that the proposed dwelling units
               are not located and designed to avoid significant amenity impacts having regard to the
               existing approved land uses being non-residential uses the exact nature of which are
               presently unknown;
      In respect of amenity issues, it is difficult to envisage how the occupation of ancillary dwelling
      units within the industrial complex could create amenity concerns. We note that in the Notice
      of Appeal for the 64 Gateway Drive matter, the Appellant suggests that conditions could be
      imposed to address potential reverse amenity impacts. They suggested:
              Double glazed windows, noise attenuating installation and air-conditioning; and
              By limiting the occupation of the ancillary dwelling unit to the caretaker, owner or
               employee of the use conducted on the lower level of the land.
2.    The proposed development cannot be conditioned to comply with the above assessment
      benchmarks.
      Seems unlikely.
3.    Pursuant to s.27(f) of the Planning Regulation 2017 the proposed development should be
      refused having regard to the existing approval for the subject land which allows industrial uses
      to occur below the proposed dwelling units.
      Please see our comments at 1(b).
4.    Having regard to the Court’s residual discretion for code assessment, the proposed
      development should also be refused having regard to:
      (a)      the fact that the proposed development does not comply with fire separation
               requirements under the Building Code of Australia;[1]
      In our view, Council could impose a condition requiring the Appellant to submit revised plans
      that are compliant with the fire separation requirements under the Building Code. Otherwise,
      it may be difficult for the Appellant to receive certification on the buildings which we understand
      would preclude them from residential use in any event.
      (b)      the difficulties with monitoring the development to ensure compliance with the
               requirements of the definition of “Ancillary Dwelling Units”.
      We understand that compliance issues is not in itself a reason for refusal of a development
      application. We suggest that as per our comments at 1(b), that a condition be imposed
      requiring the developer to prove that the use of the ancillary dwelling unit is ancillary to the
      industrial use occupying the premises.
[1]
            a matter admitted by the Appellant (see para 34 of the Notice of Appeal)

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