2018-01-15 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                               15 JANUARY 2018


2.    SITE DETAILS
2.1. Background
The site has an existing approval for a duplex under TPC 2566 issued in 1993 and reflects the
existing two buildings on the site.
The most recent approval over the site relates to a reconfiguration of a lot to create 2 lots and
access easement under REC16/0015. Due to issues relating to bushfire and effluent disposal, a
Preliminary Approval was issued by Council in September 2016. Following lodgement of
submissions and further reports addressing the above issues, Council issued a Negotiated
Decision Notice for the Reconfiguration. The applicant subsequently lodged an appeal to the
Planning and Environment Court of 16 January 2017 seeking a reduction in the approved
covenant area of the lots. Council’s experts for the appeal have been appointed and are currently
reviewing the matter with Council’s solicitor. A copy of the negotiated subdivision layout is
detailed in Figure 6 – Negotiated Subdivision Layout for REC16/0015. The approved plan
detailed two lots with significant areas of the site including existing vegetation to be retained.




Figure 6 – Negotiated Subdivision Layout for REC16/0015

The applicant had a pre-lodgement meeting prior to lodging this application proposing a 1 into 3
lot subdivision. At that meeting officers indicated a 1 into 2 lot subdivision was more appropriate
reflecting the existing approval for the duplex.
Given the site is located within the Coastal Management District the applicant was advised they
should consult with the Department of Infrastructure, Local Government and Planning (State
Assessment and Referral Agency) which they did on 30 June 2017. The Department supported
vegetation covenants along David Low Way and the northern part adjoining Burgess Creek.
The current development application was lodged on 11 August 2017, with a Council information
request issued 6 September 2017. This information request detailed sixteen items to be
addressed, including clearance of vegetation, Biodiversity provisions, Unexploded Ordnance
(UXO) clearances, bushfire, fauna, size of building envelopes, water quality and stormwater,
easement and covenant details and sight lines and access. The applicant responded to the items
raised on 10 November 2017.
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