Nandroya Planning Report

leddy sergiacomi &
associates pty. itd.

LSA Ref: 45-021

 

4.5.2

In this regard, Council may give considerable weight to the draft planning scheme as a statement
of policy intent in accordance with the Coty Principal (Coty (England) Pty Ltd v Sydney City
Council (1957) 2 LGRA 117). Accordingly, consideration of the application with respect to the

provisions of the draft scheme has been provided below.

Proposed Development Definition and Zone

The subject allotment is located within the Rural Zone of the Cooroy and Lake McDonald
Locality Plan as identified on map ZM3 of the draft Scheme. The development seeks to establish
use rights over the land which are consistent with the Rural Zone but draw into effect a new table
of development assessment to minimise future requirements with respect to industrial
development consistent with that intended for the site. This is to be achieved by obtaining a

preliminary approval over the site and seeking a consequential amendment to the scheme.

While the extent of uses to be established on the site is not known at this stage, proposed Lots 1
—3 and 5 and 6 are anticipated to be developed for a range of uses consistent with the definitions
proposed by Council for industrial businesses which is defined as the conduct of an industrial
business activity, where goods or products are produced, manufactured, dismantled, altered, re-
packaged, repaired or stored at a scale of greater than that defined by retail business. The use
includes the sale of goods, resulting from such operations, provided that sales space does not
exceed 20% of the use area. Any space dedicated for administration or accounting work in
connection with such operations does not exceed 20% of the use area. The term includes the

following types:

Type 2 Production, alteration, repackaging & repairing: The use of premises for the
production, manufacturing, dismantling, altering, cleaning, re-packaging, freezing or
repairing of goods: The use includes food industries, textiles, mechanical, boat repair,

sandblasting.

In addition, it is intended that a narrow range of retail business is permitted on site, being defined
as business activities where goods or services are displayed or offered for sale to the public,
including Type 3 Landscaping & rural business: Selling products for landscaping, garden or

for rural uses in bulk.

 

14 November 2005 Department of State Development, Trade and Innovation Page: 48

Planning Report