2018-07-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     10 JULY 2018


REPORT
1.    PROPOSAL
The applicant seeks representations on a development approval for a Material Change of Use -
Home Based Business - Type 3 Significant Scale.
The application is before Council as the Development Permit was originally determined by
Council.
2.    SITE DETAILS
2.1. Background
The applicant has applied for a retrospective approval for a Home Based Business - Type 3
Significant Scale. Allstar Fabrications is a steel fabrication business that currently operates from
an existing shed on the property with a gross floor area of 360m2.
The business, Allstar Fabrications have been operating from this site, within an existing shed for
5 years. Council received a complaint with regard to noise associated with business operations
and from motor bikes riding on the property in September 2017. The complaint expressed
concern about dirt mounds being created on the property to facilitate motor bike riding. Other
noise issues identified in that complaint were ‘clanging and banging’, the revving of cars, loud
music and the driving of race cars and motorbikes up and down Boronia Road. The letter
received had multiple signatories. These issues were also raised during the public notification
process.
The applicant subsequently submitted an application for the business use in response to the
compliance action. A qualified acoustic consultant provided a report that addressed noise
associated with business operations and the impacts on the amenity with regard to the
neighbours.
On 17 May 2018, Council approved a Material Change of Use to establish a Home Based
Business - Type 3 Significant Scale with reasonable and relevant conditions.
2.2. Site Description
The site is just under 4 hectares in size and is one of the two properties near the end of Boronia
Road, with parkland beyond. Boronia Road is sealed and ends as a cul-de-sac beyond this site.
The site is relatively flat with a small drainage channel extending along the eastern boundary.
The northern part of the site is densely treed and the remaining portion of the land is mostly
cleared. Some established vegetation occurs throughout the site. Two dams exist on the
southern part of the site.
2.3. Surrounding Land Uses
There is a mix of rural residential type lots and rural land holdings within the general area. The
subject property and surrounding properties were approved for subdivision of what is considered
typically rural residential size lots in 1999. Land use in this area is typically rural residential
lifestyle lots and environmental park areas. There is some land under cultivation observed on
larger lots on Junction Road.
The site adjoins a 55 hectare reserve which is north of the subject site.
3.    ASSESSMENT
Under the provisions of the Planning Act 2016 the applicant suspended its appeal period and
submitted representations to conditions of the approval. The Act requires Council to consider the
representations within 20 business days (unless timeframe is extended) and give a new decision
notice (a negotiated decision notice) to all relevant parties, where the representations are agreed
with. The applicant has agreed to extend the timeframe to allow Council to consider this report.
The representations primarily seek to delete Condition 20 with regard to the enclosure of the
cutting equipment (acoustic requirements) and amend Condition 21 to allow the use of the
compressor during business operating hours.

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