2023-03-07 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    7 MARCH 2023


     b)    the development will not fill below the DFE within the creek floodplain;
     c)    the proposed units will not cause flood impacts downstream of the site and there are
           existing flood-inundated properties at risk.
3.   The proposed extent of earthworks does not comply with AO22.1 and PO22 of the Medium
     Density Residential Zone Code as the proposal will have significant impact on the landform,
     proposing to fully reprofile and change the site’s landform, channelising and redirecting the
     northern watercourse and intruding into the riparian buffer and beyond the top of bank of the
     southern watercourse adversely disturbing the site’s natural features.
4.   The development does not comply with PO1, PO3, PO5, PO6, PO9 and PO10 of the
     Biodiversity, Waterways and Wetlands Overlay as:
     a)    the proposed development and development works are located in the riparian buffer
           and extend beyond the surveyed top of bank of the site’s southern waterway impacting
           the ecological values of this waterway and limiting the ability to enhance this area.
     b)    The waterway along the northern boundary is not protected and enhanced with the
           waterway filled and a drainage solution of hard concrete channel and pits and pipes
           proposed.
     c)    The extent of earthworks, retaining walls and built form is not sufficiently setback from
           the site’s waterways and will lead to adverse edge effects during construction and from
           future users of the development.
5.   The proposed development’s design does not contribute positively to the locality with
     insufficient individual design elements to add visual interest to the development incorporated
     contrary to PO14 of the Medium Density Residential Zone Code.
6.   The proposed built form does not comply with the PO7 of the Hinterland Villages Local Plan
     Code as the buildings are not consistent with and reflective of the traditional character of
     Pomona in terms of form, composition and use of materials.
The application, after extensive discussions with the applicant, was refused by delegation pursuant
to the delegations for code assessable applications, to avoid the application being deemed
approved, as the applicant was not agreeable to extending the decision period further.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the development be approved
subject to reasonable and relevant conditions.
The proposed multiple dwelling comprises 20 single storey dwelling units, including 7 x three
bedroom units and 13 x two bedroom units, with 15 of the units meeting the scheme’s current
definition of small dwelling units.




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