2016-01-11 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                 11 JANUARY 2016


REPORT
A report on the development application for Material Change of Use for Cultivation Type 2 –
Intensive (Greenhouse) & Reconfiguring a Lot (Access Easement) at 271 & 305 Lake Macdonald
Drive, Lake Macdonald was considered at its Ordinary Meeting on 19 November 2015. Council
resolved to approve the application, subject to conditions.

Under the Sustainable Planning Act 2009, the applicant has the option to make representations to
the development approval and negotiate changes to the conditions. In this instance, no
representations to the development approval were made and the applicant lodged an appeal with
the Planning and Environment Court on the 1 December 2015.

The appeal seeks the Court amend or delete conditions 1, 5, 6, 7, 9, 13, 16, 17, 18, 19, 20 and 21
of the Development Permit for Material Change of Use, and condition 1 of the Development Permit
for Reconfiguring a Lot. The condition changes mainly relate to flooding and water quality
management, onsite access upgrades, and an increase in the timeframe to remove fill on the site.

A ‘without prejudice’ conference has been set for 21 January 2016 to narrow and resolve the issues
relating to conditions imposed in the decision notice. It is in order for Council to defend the appeal
and the recommendation is worded accordingly.

Previous Council Consideration
Ordinary Meeting, 19 November 2015, Item 3, Page 56
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 13 October 2015 regarding Application No. MCU14/0039 &
REC15/0012 for a Development Permit for Material Change of Use - Cultivation Type 2 – Intensive
(Greenhouse) & Development Permit for Reconfiguring a Lot (Access Easement) situated at 271
& 305 Lake Macdonald Dr, Lake Macdonald and:
A.   Approve the applications in accordance with the following conditions:
Development Permit for Material Change of Use - Cultivation Type 2 – Intensive
(Greenhouse)
     PLANNING
          When Conditions must be Complied With
     1.   Unless otherwise stated, all conditions of this Decision Notice must be complied with
          prior to the use commencing, and then compliance maintained at all times while the
          use continues.
          Approved Plans
     2.   Development undertaken in accordance with this approval must generally comply with
          the approved plans of development. The approved plans are listed in the following table
          unless otherwise amended by these conditions.
              Plan No.          Rev.    Plan/Document Name                          Date
              D-01569-06-B              Site Plan drawn by Martoo Consulting        23/06/2015
      3.    The development must be undertaken and operated in a manner that causes no
            detrimental effect upon the amenity of the neighbourhood by reason of the creation of
            excessive noise, lighting nuisance or other emissions.
            Building Height
      4.    The maximum height of the development must not exceed 8 metres above the finished
            ground level and the natural ground level.




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