REC16/0015 Planning & Environment Court Appeal 123/2017 For A Development Application For A Reconfiguring A Lot (1 Lot Into 2 Lots & Access Easement Situated At 2 David Low Way, Castaways Beach

REC16/0015 PLANNING & ENVIRONMENT COURT APPEAL 123/2017 FOR A DEVELOPMENT APPLICATION  FOR A RECONFIGURING A LOT (1 LOT INTO 2 LOTS & ACCESS EASEMENT SITUATED AT 2 DAVID LOW WAY, CASTAWAYS BEACH

Document information

Author	Development Planner, Wilhelm Koschade
Planning & Infrastructure Department

Index	ECM / Applications / REC16/0015 & Case / 123/2017

Attachments	1. 	Proposed Subdivision Layout
2. 	Negotiated Subdivision Layout

APPLICATION DETAILS
Applicant	Nicholls Building Pty Ltd
Proposal	Reconfiguring of a Lot (1 Lot into 2 Lots & Access Easement)
Number of Submissions	Not Applicable
Appeal Filed	16 January 2017

PROPERTY DETAILS
Property Address	2 David Low Way, Castaways Beach
RP Description	Lot 706 P 93127
Land Area	9,677m²
Existing Use of Land	Duplex

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches Locality
Zone	Detached Housing Zone

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 7 March 2017 regarding Planning & Environment Court Appeal 123/2017 and agree to defend the appeal.

REPORT
A report on a development application for a Reconfiguration of a Lot (1 Lot into 2 Lots & Access Easement), situated at 2 David Low Way, Castaways Beach was considered by Council’s Planning & Environment Committee on 6 September 2016 (Agenda Item 2, Page 36).  At its Ordinary Meeting on 15 September 2016, Council resolved to issue a Preliminary Approval for a Reconfiguration of a Lot (1 Lot into 2 Lots & Access Easement).
The following reasons were identified for the issue of a Preliminary Approval in lieu of a Development Permit:
A Bushfire Management Plan (BMP) was not submitted as part of the supporting material for the development application. The BMP was required to address Medium Bushfire Hazard that affects the northern and southern portions of the site in conjunction with analysis of minimum vegetation setbacks to a proposed covenant and default building envelopes.
An effluent disposal report was not submitted as part of the development application. The effluent report was required in order to identify the capacity of existing onsite systems and whether each system (including trench areas) are wholly located within each proposed lot they intend to serve.
The applicant submitted representations on 27 September 2016 and provided a BMP and effluent disposal report both of which are discussed below in more detail:
Bushfire Management Plan
The submitted BMP broadly addressed Council’s concerns regarding fire hazard and management over the site. However, the BMP recommended minimum vegetation setbacks of 12m to any building area on proposed Lots 1 and 10m to proposed Lot 2.
As depicted in Attachment 1, an amended proposal plan was provided incorporating the recommendations of the BMP which also included a 747m2 indicative building envelope to proposed Lot 1 and a 648m2 envelope to proposed Lot 2. The recommended minimum vegetation setback was also provided to the perimeter of each building envelope resulting in a significant reduction to the proposed covenant.
Following negotiations with the applicant and various amendments to the proposal plans comprising namely reductions to indicative building areas and enlargement of the proposed covenant, agreement was reached and a Development Permit for a Reconfiguration of a Lot (1 Lot into 2 Lots & Access Easement) was issued on 6 December 2016. The negotiated subdivision layout is provided in Attachment 2.
Effluent Disposal Report
The submitted effluent report confirmed existing systems onsite are substandard and do not meet minimum industry standards. The matter was referred to Council’s Building and Plumbing Section for investigation.
The effluent report confirmed existing systems onsite are wholly within each proposed lot they intend to serve, with the disposal area located outside the agreed covenant area.
Following issue of a Negotiated Decision Notice for a Development Permit for a Reconfiguration of a Lot (1 Lot into 2 Lots & Access Easement), an appeal was lodged with the Planning and Environment Court on 16 January 2017 by the applicant. The appeal seeks a reduction to the approved covenant area over both proposed lots as shown on the approved plans submitted by the applicant.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 15 September 2016, Item 2, Page 6
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 6 September 2016 regarding Application No. REC16/0015 for a Development Permit for Reconfiguring a Lot (1 lot into 2 lots and Access Easement) situated at 2 David Low Way, Castaways Beach and issue a Preliminary Approval in accordance with the conditions contained in the Planning & Environment Committee Agenda dated 6 September 2016.
Finance & Risk
There will be costs for Council involved in defending the appeal and it is premature to advise on the appeal prospects at this stage.

Consultation
External Consultation – Community & Stakeholders
Nil.
Internal Consultation

Departments/Sections Consulted:

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	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
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			Waste & Environmental Health		Revenue Services
					
	Executive Office	X	Planning & Infrastructure		
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	Sustainability				

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	7 MARCH 2017