2018-04-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                    10 APRIL 2018


2                        PLANNING & ENVIRONMENT COURT APPEAL NO. D30 OF 2018 - NEGOTIATED
                         DECISION NOTICE FOR RECONFIGURING A LOT AT 29 & 35A TAIT ST & 30 EAGLE
                         DVE, TEWANTIN
DOCUMENT INFORM AT ION




Author                              Manager Development Assessment, Kerri Coyle
                                    Environment & Sustainable Development Department

Index                               ECM/ Application / REC17/0011 / Case/ Eaglerise Developments Pty Ltd

Attachments                         Nil



EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 April 2018 regarding Planning & Environment Court
Appeal No. D30 of 2018 and agree to defend the appeal.


REPORT
An application for a Development Permit to Reconfigure a Lot for 2 lots into 21 lots in Tewantin
was approved by Council at its Ordinary Meeting on 16 November 2017. The applicant proposed
to undertake the subdivision in 2 stages, with the first stage creating 10 lots and the second
stage an additional 11 lots. Part of the development included the creation of a stormwater
easement over 29 Tait Street and the construction of a detention basin in 14 Eagle Drive to
manage stormwater from the development. The application was required to follow a code
assessment process and so was not required to be publicly notified.
The applicant suspended the appeal period on 4 December 2017 and made representations on
20 December 2017 to the development approval conditions. The representations primarily
included a revised staging plan, sought to delete a condition requiring an alternative access for
lots 7 & 8 and a reduction to the infrastructure charges payable for the development.
The representations to the development approval were considered by Council at its Ordinary
Meeting on 15 February 2018 wherein Council agreed to amend conditions 2 and 15d and delete
condition 23b. Council refused to delete or amend conditions 3, 7, 13, 20, 21 and 22 and to offset
the infrastructure charges payable for the development. Conditions 3, 7, 13, 20, 21 and 22 state:
3.                       The north-eastern corner of proposed Lot 15 and the south-eastern corner of proposed Lot
                         12 must be truncated to provide a minimum 3.5m wide verge from the new kerb line. The
                         truncations must be created with 3 chords.
7.                       Access to proposed Lots 7 and 8 must be from the Road 86419 frontage only (northern
                         boundary) and the approved plans amended accordingly. The works must be undertaken in
                         accordance with an Operational Works approval and must be constructed prior to the
                         sealing of the survey plan. The works must include in particular:
                         a.   a half road construction consisting of 3m wide seal, kerbing and channelling and
                              extending from the Tait Street formation for a distance of 40 metres from Tait Street
                              (western boundary of Lot 6) terminating in a temporary turnaround;
                         b.   the intersection with Tait Street;


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