2017-02-07 Planning and Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                              7 FEBRUARY 2017


              8A. The Pine Street/Bagnells Road bend must be upgraded to include curve
              widening to facilitate safe passing of heavy rigid vehicles in opposite directions.
              Curve widening is to be affected on the outside of the bend with an appropriately
              remarked centre line. Appropriate measures must be implemented at the bend, to
              mitigate its existing substandard design speed, in accordance with the
              requirements of the Manual of Uniform Traffic Control Devices.
B.   Refuse to change conditions 65.1.4 and 65.1.5 for the following reasons:
     1.    There is sufficient area within the road reserve for the works.
     2.    The works will provide for pavement upgrade that facilitates safe vehicle movement
           and lot frontages consistent with the planning scheme requirements for residential
           lots.
C.   Delete Conditions 75.2 and 123.


REPORT
1.   BACKGROUND
On 25 May 2006 Council granted approval for a Material Change of Use of Premises and
Reconfiguration of a Lot for the staged subdivision at Greenwood Grove in Cooroy. A Negotiated
Decision Notice was subsequently issued on the 7 September 2006.
Two subsequent changes were made to the approval on the 15 May & 24 November 2008. The
changes concerned amendments to Conditions 65.1.1, 65.1.2, 65.1.3 (Upgrading Garnett & Pine
Streets) & 132 (Service Easements).
In June 2010 Council agreed to extend the relevant period, with a corresponding change to
Condition 4.
An application seeking to amend Condition 65.1.3 to allow a partial monetary contribution in lieu
of upgrade works required to Garnet Street was refused in November 2010.
A further change to the Development Approval was approved by Council on 6 April 2011. The
changes amended conditions 65.1.2 and 65.1.3 to allow for the option of an Infrastructure
Agreement (IA) to be substituted for the full upgrade works required to Garnet Street.
On 20 November 2014 Council amended the Development Approval agreeing to a further
change to condition 65.1.2, with an additional condition included.
2.   PROPOSAL
The applicant seeks to amend conditions of the approval (conditions 65.1.4, 65.1.5, 65.1.6 and
65.1.7), delete condition 123 and proposes a sub-staging of Stage 8 of the approved
development to clarify the Pine Street design.
The proposed changes primarily relate to road works in Pine Street and Bagnells Road.
There are issues with the provision of kerb and channel on the inside of the Bagnalls Road / Pine
Street bend as it is not possible to increase the radius of the bend because there is no land
available on the inside of the bend.
3.   STATUTORY PROCESS
The applicant has requested to make a change to a development approval under s369 of the
Sustainable Planning Act 2009. A request to change a development approval under s369 can
only be made in circumstances where that change would constitute a ‘permissible change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a permissible change on grounds that:



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