Planner's Report

     23. Pursuant to section 81(5) of the PA2016, Council may also give the weight it considers appropriate to the
         statutory instruments and documents that applied when or after the change application was made. Please
         refer to our assessment in sections 4.0 and 5.0 of this report.

     24. In this regard, we consider that the approved development is generally consistent with current laws and
         policies and the existing approval conditions give effect to the tenor of current laws and policies. The
         proposed changes to the layout result in a proposal that better responds to the current assessment
         benchmarks.


  (e) another matter that the responsible entity considers relevant.

JFP comment

     25. It is considered that the following matters are relevant to Council’s consideration and approval of the
         minor change application:

     a) The existing approval includes comprehensive conditions which are generally consistent with current laws
        and policies and will ensure maintenance and enhancement of ecological and amenity outcomes;

     b) the applicants have expended considerable money over time in obtaining the development approval and
        unfortunately Mr Hofmann’s poor health has delayed the applicants’ ability to carry out the approved
        development;

     c) the land was originally identified as generally suitable for the type of development proposed. As part of
        that approval, it was required to provide a not insignificant contribution of public benefit with respect to
        the road network, for which Council received the benefit of the Walter Hay Drive road dedication without
        paying any compensation. Properly understood, the approved development (including conditions of
        approval) the subject of the minor change application is generally consistent with earlier development
        proposals. The proposed change is a notable improvement on the existing approved layout in terms of
        ecological outcomes and community benefits;

     d) the land is currently designated in the Rural zone, but has no utility for sustainable rural uses due to
        matters including lot fragmentation and poor soils. Please refer to the agricultural land assessment in
        Appendix B;

     e) the land adjoins areas designated for Rural Residential and detached dwellings, and is in close proximity to
        areas designated for Industry and Shire Business Centre. The current Planning Scheme designates other
        land outside the Urban Growth Boundary for similar types of development, given that no areas of Rural
        Settlement are shown within the Urban Growth Boundary mapping on ZM9;

     26. In the circumstances, it is considered that the proposed amendments to the proposal plans are appropriate
         and that the proposed change ought to be approved.




JFP Ref: M1775                                                                                                Page 19