L01 To NC -Request to Change · REC15/0011

    
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    Boundary Encroachments
    13. Certification must be submitted to Council from a Registered Cadastral Surveyor which certifies that:

            a. the boundary clearances for any existing buildings remaining on the site must either comply
               with the relevant provisions of the planning scheme and the Building Act 1975, or
               a $20,000 uncompleted works bond shall be taken prior to sealing of the survey plan for the
               house on lot 9 to remain onsite until either of the following occurs:
            • the building is modified to comply with the relevant provisions of the planning scheme and the
               Building Act; or
            • the building is removed entirely within 6 months from the sealing of the survey plan.


    The amendment is consistent with the email communication with Council’s Jack Lewis and Mark Lewis and in
    particular an email sent by Council on Tuesday, 6 December 2016 at 4:38 PM. The only additional change is
    to replace the term of “Licensed Surveyor” with the term “Registered Cadastral Surveyor” which is in
    accordance with the Surveyors Act 2003.

    In an effort to obtain a timely amended decision notice, the landowner has simply adopted the $20,000 figure
    estimated by Council to cover the cost to remove part of the house within the complying setback.




                                                                                       0.906 m setback
0.885 m setback




2.457 m setback




    Figure 1:         A Plan Showing the Location of the Existing Dwelling House


    STATUTORY REQUIREMENTS

    In accordance with section 367 of the Sustainable Planning Act 2009, a change to a development approval is
    defined as:

                  (1) A permissible change, for a development approval, is a change to the approval that
                  would not—
                       (a) result in a substantially different development; or
                       (b) if the application for the approval were remade including the change—
                                 (i) require referral to additional concurrence agencies; or