2021-05-11 Planning & Environment Committee Meeting Agenda

PLANNING AND ENVIRONMENT COMMITTEE MEETING AGENDA                                       11 MAY 2021


The application was refused as it was not considered that the application met the following specific
outcome and probable solution, with the development having common property along the canal:

  Specific Outcomes                               Probable Solutions

  O12 Works for jetties are designed and          S12.6 Unit developments with common property
  constructed for the sole purpose of providing   along canal frontage met the following—
  access to vessels and are sited and designed
                                                  a) a maximum of 2 jetties per unit development; b)
  to avoid—
                                                  jetties are shared between unit owners;
  a) cluttering of watercourses;
                                                  c) a minimum of 20m separation is provided
  b) excessive traffic volumes within foreshore   between each jetty;
  areas, on adjoining lands and within the
                                                  d) the jetty is setback a minimum of 3m from the
  watercourse; and
                                                  prolongation of boundaries; and
  c) unacceptable risks to personal and public
                                                  e) jetty heads and pontoons are not constructed
  safety;
                                                  (Refer Figure 14-37);




The development consists of 20 dwellings units with an approximately 100m frontage to the canal
located not far from the lock and weir.
The existing development includes 1 x T jetty generally centrally located along the canal frontage
and the proposal would result in a total of 2 jetties for the development. The existing jetty does not
satisfy the demand for vessels of the development and as such during busy periods, vessels are
unlawfully moored (tied) to the revetment wall creating a risk to its structural integrity.
The proposal results in 2 jetties for the unit development, provides greater than 20m separation
between jetties and meets the prolongation provisions, but access to the proposed jetty is restricted
to the 2 dwelling units subject to this application. Access to the proposed jetty for other unit owners
is otherwise difficult as each unit has exclusive use area to the canal boundary generally
demarcated by landscape hedging. This creates a barrier for other unit owners and combined with
access being through exclusive use areas, access to the jetty is problematic. Furthermore, the jetty
is located to the most southern extent of the development making it inconvenient for mooring of
vessels from units located to the centre or further north.
The delegated officer report at the time noted that while there may be some grounds to approve
more than 2 jetties given the site’s extensive canal frontage, no overall plan was submitted to
Council to address how other unit owners will access the proposed jetty. Furthermore given the
number of units in the complex, it was considered unlikely that 1 new jetty would address the
number of vessel moorings required by the development and there are concerns that the need for
additional jetties will clutter the watercourse and result in adhoc development.
As a result of Council’s decision to refuse the proposed change, the applicant lodged an appeal to
the Planning & Environment Court seeking that the jetty be approved subject to reasonable and
relevant conditions.
During the course of the appeal, Council received legal advice on the prospects of the appeal. A
copy of the advice is included as Attachment 1 but in summary the advice is as follow:

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