Notice of Appeal (sealed) 31Jan2023

 

10. On 23 December 2022, Council responded to the Deemed Approval Notice and
issued a Decision Notice, which states that on 21 December 2022, Council decided to
refuse the Application.

11. The reasons for refusal provided by the Decision Notice lists a multitude of alleged
non-compliances with the Planning Scheme, which can be distilled into the following
issues:

a. whether the Application has demonstrated that the development complies
with PO2(c), PO2(b), PO7, POS and PO11 of the Water Quality and Drainage
Code (Stormwater Quality and Drainage);

b. whether the Application has demonstrated that the development complies
with PO1, PO3, POS and PO10 of the Flood Hazard Overlay Code (Flooding);

c. whether the development complies with PO22 and AO22.1 of the Medium
Density Residential Zone Code (Earthworks);

d. whether the development complies with PO1, PO3, POS, PO6, PO9, and
PO10 of the Biodiversity, Waterways and Wetlands Overlay Code
(Environmental Impacts);

e. whether the development complies with PO14 of the Medium Density
Residential Zone Code (Design); and

f. whether the development complies with PO7 of the Hinterland Villages
Local Plan Code (Character).

THE APPEAL

12. The Appellant appeals against the Council’s decision to refuse the Application.

Stormwater Quality and Drainage

13. The development complies, or can be conditioned to comply, with the assessment
benchmarks of the Planning Scheme’s Water Quality and Drainage Code mentioned
in Council’s reasons for refusal.

14, In the event of any noncompliance (which is not admitted), the Court ought to
exercise its discretion to approve the development taking into account the
following:

a. the development has a lawful point of discharge, being the existing drainage
line and culverts under Church Street on the eastern boundary of the Land;

b. the development includes a stormwater treatment system, which is
integrated with the landscape, to treat the quality of stormwater and
achieve the necessary load-based reduction targets; and

c. the development will not result in any unacceptable stormwater quality or
drainage impacts.