Negotiated Report (Representations made) MCU20 0125 · MCU20/0125

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Coordinator Planning, Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0125
Development Approval	Development Permit for Material Change of Use of Premises (Dwelling House)
Applicant	Lilly Anne Studdock TTE
Representations Received On	6 January 2021

PROPERTY DETAILS
Property Address	1089 Cootharaba Road Cootharaba
RP Description	Lot 7 SP 142413
Land Area	40.02ha
Existing Use of Land	Vacant rural

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Zone	Rural
Overlays	Acid Sulfate Soils Overlay Agricultural Land Overlay Biodiversity Waterways and Wetlands Overlay Bushfire Hazards Overlay Flood Hazard Overlay
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Material Change of Use of Premises (Dwelling House) was issued on 17 December 2020
The applicant suspended the appeal period and made representations on 6 January 2021 to the development approval conditions. The representations are detailed below but primarily relate to 6 which prescribes a minimum setback to the southern side boundary.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 6
Setback
The dwelling must be setback at least 23 metres from the southern side boundary adjacent to Lot 5 on RP 836653.
Applicant’s Representation
The applicant has advised that whilst the planning report submitted with the application detailed a 23 metre setback to the southern side boundary that it is intended that the dwelling be setback 20 metres from the southern side boundary. Accordingly it is requested to amend the condition to read:
The dwelling to be setback at least 20m from the southern side boundary adjacent to lot 5 on RP 836653.
Assessment of Representation
The applicants request to amend the condition raises no concerns noting that the proposed setback is generally consistent with the original approval and complies with the planning scheme setback requirements. The minor change to the setback does not alter the original assessment that the construction of a dwelling in this general location unlikely to result in significant adverse effects or conflicting land use.

conclusion & reasons for decision
The minor change to the southern setback is supported noting that the matters considered in the original assessment will not be impacted upon by the change.
RECOMMENDATION
With regard to Application No. MCU20/0125, and the representations made, Council on 22 January 2021 decided to:
A.	Agree to amend condition 6 to read as follows:
The dwelling must be setback at least 20 metres from the southern side boundary adjacent to Lot 5 on RP 836653.
B.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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