2014-04-28 General Committee Meeting Agenda Pages 1-64

GENERAL COMMITTEE MEETING AGENDA                                                      28 APRIL 2014


Representations were made by the applicant to the conditions, with a negotiated decision issued
13 October 2005.
On 1 December 2005, Council received ‘notice’ that the application was being called in by the
then Minister for Local Government and Planning (Desley Boyle) to assess and decide the
application pursuant to section 3.6.6 of the Integrated Planning Act 1997. The Minister advised
that the application was ‘called-in’ as the development involved matters of state interest,
including a state wildlife corridor through the site, impact on wildlife habitat, the movement of
koalas, and the site contains remnant vegetation.
On 6 March, 2006, the Minister issued a Decision Notice for a Material Change of Use for 26
multiple dwelling units (21 x 3 bedrooms & 5 x 2 bedrooms) and an accommodation building
comprising 12 x 1 bedroom units.
On 17 October 2008, the Department of Natural Resources and Water issued a permit for the
clearing of native vegetation on the site. This permit was issued after the applicant undertook
vegetation offset planting on part of the adjacent Viridian site to offset the proposed clearing of
remnant vegetation on the subject site. The offset rehabilitation was completed and the covenant
established on the title. The clearing permit gave the applicant until the 15 October 2013 to clear
the subject site for the development.
On 21 April 2009, Council issued a Preliminary Approval for Operational Works – Drainage,
Stormwater, Vegetation Clearing, Water & Sewerage, Earthworks and Access & Parking. A
Preliminary Approval was issued because the payment of contributions and bonds were
outstanding. The payment of these is required before a Development Permit can be granted.
On 13 July 2009, Council extended the relevant approval of the Ministerial approval and the
associated Operational Works preliminary approval until the 15 October 2013, which was the
date the State’s vegetation clearing permit was to expire. This aligned the expiry date for all
approvals.
On 31 October 2013, the Department of State Development, Infrastructure and Planning agreed
to extend the relevant period for two (2) years to allow for clearing of vegetation on the site
associated with the development.
3. Assessment
The applicant requests an extension to the relevant periods for both the Material Change of Use
and Operational Works approvals for two years. The current landowner purchased the site three
years ago, after the previous owner went into receivership.
The applicant indicates that a revised, less dense and more sympathetic development is the
likely outcome that will be sought on the land. However, until such a revised outcome is applied
for, the extension of the current approval gives certainty in ensuring the development entitlement
for the site. The applicant indicates that due to the relatively short time for the current land owner
to act on the existing approvals, or finalise an alternative outcome, an extension is requested.
In accordance with Section 388 of the Sustainable Planning Act 2009, in deciding a request to
extend the relevant period, the assessment manager must only have regard to:
(a)   the consistency of the approval, including its conditions, with current laws and policies
      applying to the development, including, for example, the amount and type of infrastructure
      contributions, or infrastructure charges payable under an infrastructure charges schedule;
(b)   the community’s current awareness of the development approval;
(c)   whether, if the request were refused-
      (i)  further rights to make a submission may be available for a further development
           application; and
      (ii) the likely extent to which those rights may be exercised;
(d)   the views of any concurrence agency for the approval.


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