Notice of Appeal (sealed) 31Jan2023

  

d. the recommendations contained in the Ecological Assessment Report dated
8 July 2022, which was submitted with the Application.

Design

15. The development complies, or can be conditioned to comply, with the PO14 of the
Planning Scheme’s Medium Density Residential Zone Code.

16. In the event of any non-compliance (which is not admitted), the Court ought to
exercise its discretion to approve the development taking into account the
following:

a. the development will present an attractive frontage to Church Street and
will be landscaped including revegetation of the waterway along the
southern boundary;

b. the view of the development from the street and from the south is largely
screened by existing and proposed vegetation; and

c. the development’s design is sympathetic to the surrounding development
and positively contributes to the locality by advancing the Planning
Scheme’s intention for the Land to be used for medium density residential
development.

Character

17. The development complies or can be conditioned to comply with PO7 of the
Planning Scheme’s Hinterland Villages Local Plan Code.

18. In the event of any non-compliance (which is not admitted), the Court ought to
exercise its discretion to approve the development taking into account the
following:

a. the buildings, structures and landscaping proposed by the Application are
sympathetic to the existing character of the area having regard to Planning
Scheme’s intention for the Land to be used for Medium Density Residential
development; and

b. the development will be partially screened by both existing vegetation
fronting Church Street and the proposed rehabilitation of the Riparian Buffer
Area.

Resolution of the Appeal

19. The proposed development complies, or can be conditioned to comply, with the
relevant assessment benchmarks.

20. To the extent of any non-compliance (which is not admitted), the Application should
be approved because the development:

a. is consistent with the Planning Scheme intentions for the land and is in
substantial compliance with the relevant assessment benchmarks;