2022-09-06 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 6 SEPTEMBER 2022


Without the additional information regarding the above, Council cannot consider the facts and
circumstances surrounding these constraints in more detail, and therefore the application has not
demonstrated compliance with the relevant planning scheme requirements and is recommended
for refusal.
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 6 September 2022 regarding Application RAL21/0035 for a Development Permit for
Reconfiguring a Lot – 1 into 2 lots situated at 21 Jirrima Crescent, Cooroibah and:
A.    Refuse the application for the following reasons:
      1.    The application has failed to provide sufficient information to demonstrate that the
            proposed access to lot 2 is suitable for the intended use and achieves compliance with
            the Reconfiguration of a Lot Code – Performance Outcome PO13, Acceptable
            Outcome 13.1 and 13.3 and the Flood Hazard Overlay Code – Overall Outcome (2)(a),
            (c) and (e), Performance Outcomes PO4, PO5 and PO7.
      2.    The application fails to demonstrate compliance with Performance Outcome PO6,
            PO10 and Overall Outcomes (2)(c), (d), (e) of the Biodiversity, Waterways and
            Wetland Overlay Code and Performance Outcome PO7, Overall Outcomes 2(c) of the
            Reconfiguring a Lot Code in that:
            a.    The proposed environmental covenant area is deficient as it is proposed over all
                  of the site’s ecologically important areas, including linkages.
            b.    To achieve a suitable access for residents to lot 2 extensive work is likely required
                  within the riparian buffer area and waterway.
            c.    The applicant has proposed no fauna friendly fencing of the riparian buffer.
            d.    The applicant has proposed assisted natural rehabilitation of the waterway
                  however does not propose to rehabilitate the full extent of the riparian buffer area.
                  Assisted rehabilitation is not supported as active is planting required.
            e.    A 12 month maintenance period is proposed which is not supported, as a three
                  year maintenance period is required to ensure rehabilitation is stable and
                  sustainable over a long period and multiple seasons.
      3.    Compliance with PO7 of the Bushfire Hazard Overlay Code has not been
            demonstrated, as the application does not contain satisfactory information to
            demonstrate that a suitable buffer is maintained between the proposed future dwelling
            and the required revegetation area is achievable.
B.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


REPORT
1.    PROPOSAL
The proposal is to subdivide the subject lot into 2 lots. The applicant seeks to divide the block in a
battle axe arrangement to result in 1 lot behind the other. Proposed Lot 1 is proposed to contain
the existing dwelling and has an area of 2.567ha. Proposed Lot 2 has an area of 1.824ha and a
building envelope is proposed within Lot 2 to avoid flooding, and the riparian buffer area. An access
easement is proposed within lot 1 to provide access for Lot 2 along the northern side boundary.
The applicant proposes an environmental rehabilitation area for 10m either side of the high bank
of the water way and covers a total area of approximately 0.2ha.
The locality and proposal plans are included below.



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