2020-02-17 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                            17 FEBRUARY 2020


5.   CONSULTATION
The application was forwarded to the following internal Council officers:
   Strategic Planning
   Environment Officer
   Coordinator Engineering
   Asset Infrastructure
   Environmental Health
The application was also reviewed by external consultants with regards to traffic management,
stormwater and bushfire management. Their assessment forms part of this report.
6.   CONCLUSION
Consideration of this application was originally set down for a Special Meeting on 28 October
2019. At the meeting a deferral motion, which was requested by the applicant, was considered
and agreed to by Councillors. The motion deferred consideration of the application to 22
November 2019 to allow Council staff to undertake further discussions with the applicant in order
for the matter to be considered at the 21 November Ordinary Meeting. On 1 November 2019 the
applicant provided an amended survey plan and supporting documentation to Council.
Prior to the 21 November Ordinary Meeting the applicant was advised that the amendments had
not satisfactorily addressed the issues raised and the application would be recommended for
refusal.
Over the following months the applicant provided additional information which was reviewed by
Council’s officers. Despite numerous meetings and discussions with the applicant the additional
information failed to fully resolve all of the issues identified by Council officers. These issues
primarily related to koala offsets, bushfire management, vehicle access and the deed of variation
to the Infrastructure Agreement. Incremental extensions to the decision making period
accompanied the amended information provided by the applicant.
The updated information provided by the applicant on 22 January 2020 has now resolved a
number of the outstanding issues in relation to the proposed subdivision layout, with the
exception of addressing the sites significant koala habitat. However, due to the existing
Infrastructure Agreement Council is prohibited from including conditions relating to dedication of
land and works external to the site and payment of a monetary contribution to offset koala
habitat.
The applicant prepared a deed of variation to the Infrastructure Agreement however the deed
includes provisions which are not supported based on the following:
   The deed includes provisions stating that the intensity of the development permitted under
     the draft planning scheme is not greater than that envisaged by MP2. This position is not
     supported, noting that calculations by Council’s Infrastructure Assessment Coordinator has
     identified that development under the draft planning scheme would be of a great intensity
     than envisaged by MP2. Accepting that applicant’s position would result in Council
     foregoing approximately $4 – 10 million in Infrastructure Charges.
   The deed proposes a clause which seeks to acknowledge that previous dedications of
     Open Space fully offset the residual impact of any clearing of koala habitat trees to
     undertake development of the Shire Business Centre as contemplated by Master Plan 2.
     This position is not supported as previous land dedications are insufficient to satisfy the
     current offset requirements.
   The deed includes statements to the effect that the proposed development is consistent
     with the current and draft planning scheme. This is not agreed with.
   The deed does not adequately detail required works for the subdivision and the provisions
     should include the actual conditions.


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