2018-01-15 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                    15 JANUARY 2018



Reasons Compliance Not Achieved                       Action Required to Achieve Compliance

1.   The Decision Notice requires lodgement of an     Lodge an application for a Development Permit for
     Operational     Works       application   for    Operational Works for stage 1 with appropriate
     subdivisional works for each stage.              documentation and management plans as required
                                                      by conditions of the Development Permit to
                                                      Reconfigure a Lot (152006.1999).
2.   Amended plans have not been submitted            Submit amended plans prior to the issue of the first
     pursuant to the Decision Notice.                 Development Permit for Operational Works.
3.   The Performance Bond required by Condition       Submit the Performance Bond of $60,000 to
     17 of the Development Permit to Reconfigure      Council.
     a Lot (152006.1999) has not been lodged with
     Council.
4.   Works required to be completed for stage 1 as    Complete the required works for stage 1 in
     set out in the Development Permit to             accordance with a Development Permit for
     Reconfigure a Lot (152006.1999) have not         Operational Works and the Development Permit to
     commenced or been completed.                     Reconfigure a Lot (152006.1999).


5.   The Infrastructure Charges for the approved      Pay the Infrastructure Charges for stage 1 of the
     development have not been paid pursuant to       development of $163,398 (at cpi March 2017)
     the Infrastructure Charges Notice 449.
6.   Council’s rates are outstanding      for   the   Pay the outstanding rates for the property.
     property as of 13 July 2017.

In accordance with SPA, the Action Notice must also state a time period in which the applicant
may again make an application to Council to avoid lapsing of the compliance assessment
application. The initial Action Notice issued gave the applicant 3 months, ending on 21 October
2017.
The applicant subsequently made representations to this Action Notice advising that Council’s
rates had been paid and seeking an extension to the period within which to complete the
outstanding items to 5 July 2019.
Council officers responded to the request and advised the applicant that “…Council does not
agree to your request to extend the period within which to complete these outstanding items to 5
July 2019 as:
1.   Condition 1 of the Court Order dated 5 July 2013 approving the development requires that
     all works relevant to the particular stage be completed prior to the submission of the
     subdivision plan for the particular stage.
2.   The requested extension seeks an extension beyond the relevant period identified in the
     Court Order.
3.   Council has refused to extend the relevant period of the Court Order.
The Council notifies 1 December 2017 as the date by which a further request for compliance
assessment may be made failing which the request for compliance assessment lapses”.
The applicant has subsequently lodged an appeal against this response seeking that Council’s
Action Notice be changed to allow until 5 July 2019 to complete the outstanding the actions. The
applicant submits that the period set by Council for taking the actions is not reasonable.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.




                                                                                       Page 103 of 135