Notice of Appeal_(Sealed)_1Dec2015 (PAE00394436-004)

20) The Decision Notice included condition 13.

13. A minimum of 30 car parking spaces must be provided on the site for the agricultural
use. The works must be undertaken in accordance with an Operational Works approval
and must include in particular:

a. a carparking area constructed with a suitable “all weather” surface that can cater for
the effects of occasional inundation by flood waters.

b. a carparking area that does not create any additional flooding on any adjoining
property.
21) Condition 13 should be amended.

a) The condition should be amended as follows:
“Car parking is to be provided within the site”.

b) This condition is not reasonable or relevant and is an unreasonable imposition on the
development.

PARTICULARS

(i) sufficient car parking is available on site near the packing shed;

(ii) the development does not create a need for the construction of 30 “all weather”
car parks.

(iii) the construction of a car park will result in an impairment of that land for future
agricultural, cultivation or other rural uses.

(iv) the location of carparking may change over time as the use of the land changes
and so it is not practical to construct a permanent car park on this land.

c) The condition, as part of the Development approval, has failed to have proper regard
to the lawful use of the Land and adjoining lands.

PARTICULARS

(i) the Land is in the Rural zone;

(ii) | the Land is in the Agricultural Land Conservation Area;

(iii) | the Land was used as a turf farm for the previous 30 years;

(iv) fertilisers were applied for the purpose of the turf farm;

(v) herbicides were applied for the purpose of the turf farm;

(vi) agriculture is an as of right use in the Rural zone;

(vii) tomatoes could be grown on every part of the Land previously utilised for a
turf farm without an approval;

(viii) the impacts of the proposed use are consistent with the lawful use of the Land.

d) the condition is not imposed as a consequence of the development as the impacts of
the proposed use are consistent with the lawful use of the Land. However the
Appellant accepts the imposition of the amended condition.

22) The Decision Notice included condition 16.

16. The use must be undertaken in accordance with the Stormwater Management Plan Rev

a, by O2 Environmental and dated 07/10/2015, subject to the following amendments;

a. the infiltration basin must be located outside of the Riparian Buffer Area;

b. The proposed filter media basin must be designed to hold water for no longer than
the time period modelled in the MUSIC model Stormwater Management Plan Rev a,
by O2 Environmental and dated 07/10/2015. Where groundwater recharge is
expected, a Geotechnical Engineer must provide certification to confirm that the

 

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