2023-01-16 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                  16 JANUARY 2023


Condition 12
The driveway, including the crossover from Sunrise Road, must be sealed to the reasonable
satisfaction of the Manager Development Assessment.
Applicant’s Representation
It is an unreasonable imposition on the applicant to seal the entire length of the driveway and
crossover access to Sunrise Road.
The applicant agrees to seal the shared entry to Sunrise Road for a distance of 10 metres in
accordance with Council’s standards relevant to rural properties. The sealing of the crossover to
Sunrise Road will provide improved access to all properties who benefit from the easement
including 393, 399, 403 and the subject site 401 Sunrise Road.
It is unreasonable for Council to require the applicant to seal the complete length of the driveway
(in addition to the 6 metres agreed), a length of approximately 100 metres, when:
     The driveway is utilised by the subject site and three (3) additional properties (393, 399 and
      403 Sunrise Road). As such, any works undertaken, and the associated costs should be
      jointly shared by the property owners who benefit from the sealing and driveway
      improvement; and
     The use of the dwelling for Short-term Accommodation is of a lessor scale and intensity than
      that of the dwelling being used for permanent residence and occupied 100% of the time. As
      such, is it unfair for the applicant to be burdened with all of the costs associated with the
      sealing of the entire driveway.
It is proposed that Condition 12 of the Decision Notice is amended to read as:
12.   The crossover from Sunrise Road must be sealed for a length of 10 metres to the reasonable
      satisfaction of the Manager Development Assessment or to Council’s relevant standard for
      rural driveways.
Assessment of Representation
It is considered that the short term accommodation use will increase vehicle traffic using the shared
access driveway and surrounding roads due to the amount of guests able to be accommodated at
any given time. The increase in use of the driveway has the potential to create a greater dust and
noise nuisance to the adjoining properties at 393, 399 and 401 Sunrise Road that share the
driveway with the subject site. As such, it is not considered unreasonable to require the shared
access driveway to be improved to retain amenity for surrounding neighbours and safety of the
road network.
A site inspection confirmed that a majority of the shared access driveway has previously been
sealed, with approximately 34 metres (including the crossover from Sunrise Road) of the access
driveway not currently sealed (see Figures 2-4 below).
It is recommended that the applicant’s representations to seal only the crossover from Sunrise
Road be refused as it is considered that this will not be sufficient to cater for safe vehicular access
to the subject site and surrounding properties. Alternatively, it is recommended to agree to change
the condition to include the sealing of the crossover from Sunrise Road and an approximate length
of 21 metres of the shared access driveway to connect to the existing sealed portion of the
driveway. It is recommended that condition 12 reads as follows:
12.   The driveway, including the crossover from Sunrise Road, must be sealed for a length of 34
      metres to meet the existing sealed portion of the driveway, to the satisfaction of the Manager
      Development Assessment.




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