2022-09-06 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 6 SEPTEMBER 2022


and acceptable outcomes AO6.2 of the Biodiversity Code and PO7, Overall Outcomes 1 d, e and
2 c of the Reconfiguring a Lot Code.
Bushfire Hazard Overlay
The Lot is mapped as having areas of high potential bushfire intensity (western edge and band
through riparian) and Potential Impact Buffer for the majority of site. The development proposes
the Lot 2 building envelope sits within the area not mapped as having the bushfire hazard overlay
with the Bushfire Hazard Report detailing that a 60m separation will provide a new dwelling within
Lot 2 a setback distance sufficient to achieve less than 10kW/m2 radiant heat impact and will result
in an acceptable level of bushfire risk to the proposed dwelling.
The bushfire management plan however, does not take into account separation distances to the
required revegetation of the riparian buffer (discussed above) to the east of the building envelope.
Instead, the applicant submits that revegetation would introduce a new unit of hazardous
vegetation within the site resulting in an unacceptable bushfire risk to the development.
Based upon this information there is a possibility that the setback requirements to the revegetated
riparian buffer area would result in the building envelope area being relocated to the west of its
current position and within the PMF flood area.
Therefore, without an updated bushfire management plan Council is unable to determine
compliance with the Bushfire Hazard code and in particular PO7 that lot design and building siting
minimises bushfire hazard risk to people and property
3.     CONSULTATION
3.1    Referral Agencies
3.2    Internal Council Referrals
The application was forwarded to the following internal Council officers:
      Coordinator, Development Engineering
      Environment Officer
4.    CONCLUSION & REASONS FOR DECISION
The application seeks to subdivide the existing lot into 2 lots however the applicant has not
demonstrated an appropriate lot can be provided. The lot is constrained by flooding, bushfire and
biodiversity protection requirements. Whilst the applicant has provided a Building envelope outside
the PMF, they have failed to demonstrate a suitable access to the rear lot across the waterway in
flood events and that a sufficient bushfire buffer can be provided for the building envelope given
the scheme’s requirement to rehabilitate the riparian buffer and wildlife link.
Despite requests to provide this information so that Council cannot fully consider the facts and
circumstances surrounding these constraints in more detail, the applicant has chosen not to
provide the information needed. Accordingly, the application is recommended for refusal.
Departments/Sections Consulted:
      Chief Executive Officer         Community Services                      Corporate Services
      Executive Officer               Community Development                   Financial Services
      Executive Support               Community Facilities                    ICT
                                      Libraries & Galleries                   Procurement & Fleet
                                      Local Laws                              Property
                                      Waste & Environmental Health            Revenue Services

      Executive Services          x   Environment & Sustainable Development   Infrastructure Services
      Community Engagement            Building & Plumbing Services            Asset Management
      Customer Service            x   Development Assessment                  Buildings and Facilities
      Governance                      Economic Development                    Civil Operations
      People and Culture              Environmental Services                  Disaster Management
                                      Strategic Land Use Planning             Infrastructure Planning,
                                                                              Design and Delivery



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