2021-11-15 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                15 NOVEMBER 2021


   waterway, but noted that a wider buffer was applied to the stream due to the connectivity
   function/opportunity with the adjoining reserve to the west. It was also noted that the proposed
   lot boundary followed an existing cleared pathway and the proposed subdivision could retain
   existing vegetation, facilitate improvements to the riparian buffer and establish a building
   envelope to ensure no new works or structures were constructed in the riparian buffer.
   Accordingly, at mediation it was agreed the applicant would:
       prepare a revegetation concept plan for the site focusing on weed removal and
        rehabilitation around the waterway but also undertake plantings to improve the
        connectivity function along this waterway focusing on the western side of the waterway
        where it links with the adjacent reserve.
       be agreeable to a covenant area over the most significant areas of the riparian buffer,
        including a requirement that no fencing would be constructed in the covenant area.
   Following mediation the applicant provided the revegetation concept plan and a revised survey
   plan detailing the proposed covenant area and identifying a building envelope, which is
   included as Attachment 1. These have been reviewed by Council’s consultant who advises the
   plan reflects the on-ground conditions with the proposed species mix appropriately matching
   the adjoining remnant regional ecosystem.
   Based on this further specialist environmental advice it is recommended that the appeal be
   settled with reasonable and relevant conditions.
   Previous Council Consideration
   Ordinary Meeting Minutes, 17 June 2021, Item 1, Page 20
   That Council note the report by the Coordinator Planning to the Planning & Environment
   Committee Meeting dated 8 June 2021 regarding Application No. RAL20/0019 for a
   Development Permit for Reconfiguring a Lot (1 into 2 lots), situated at 23 Jirrima Crescent,
   Cooroibah and:
   A.   Refuse the application for the following reasons:
        1.     The proposal is not consistent with the 8.2.2.2 (1), (2)(a), (b), (c), (d), (e), (f), (g)
               and (i), Acceptable Outcomes AO6.1, AO6.2 and PO6 of the Biodiversity,
               Waterways and Wetlands Overlay as:
               a.    The proposal results in development within the Riparian Buffer Area, with the
                     proposed lot boundaries traversing the buffer area.
               b.    The proposal seeks to enhance, rehabilitate and protect only part of the
                     identified Riparian Buffer Area.
               c.    The proposed development increases the scale and intensity of development
                     within and adjacent to an ecologically important area which has the potential
                     to adversely impact on the site’s ecological values.
               d.    The proposal has the potential to result in additional clearing of vegetation in
                     the Riparian Buffer Area due to the vegetation clearing exemptions permitted
                     by the Planning Regulation 2017 and the planning scheme for lot boundaries
                     and fencing.
        2.     The proposal is not consistent with 9.5.1.2 (1) (d) and (e) and Overall Outcomes
               2(b),(c), Acceptable Outcome AO7.5, AO7.7 and AO7.9 and Performance
               Outcome PO7 of the Reconfiguring a Lot Code as:
               a.    The development does not provide for a lot layout that is responsive to the
                     natural environmental values present on the site.
               b.    The proposed lot boundaries traverse ecologically important areas and
                     ecological linkages.

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