Negotiated Report (Representations made) 131998 981211 5

                    Assessment Type                 Representations made to original approval



               1.     BACKGROUND
               A development approval for an Other Change to Development Approval (12637DA) to include
               Group Farm Stay Accommodation (undefined use) and associated supporting infrastructure
               (maximum 88 beds), situated at 59 Kabi Rd Cootharaba was issued on 19 December 2024
               The applicant suspended the appeal period and made representations on 14 February 2025 to the
               development approval conditions. The representations are detailed below, primarily focusing on
               deleting or amending various conditions, such as Biological Farmers accreditation requirements,
               fire access track plans, and on-site buses. Additionally, conditions regarding building height,
               vegetation removal, and external works upgrades are requested to be updated to align with current
               standards and the reduced scale of the development.
               At the time the application was publicly notified 2 properly made submissions were received. The
               submitters were primarily concerned with validity of the existing approval, scale and intensity,
               consistency with the zoning intent and character and impacts on agricultural land.
               2.     ASSESSMENT
               An assessment in relation to each of the submitted representations is provided below:
               Existing Condition 44
               44.     The owner/operators of the proposed development are required to be members of the
               Biological Farmers of Australia. Accordingly there is not be any use of non-organic chemicals on
               the site.
               Applicant’s Request
               The applicant has requested existing condition 44 be deleted due to changes within the
               associations covering organic farm.
               Assessment of Request
               No objection is raised to the deletion of the condition as existing conditions detail that the golf
               course is to be undertaken as part of an Agricultural (permaculture) use whilst new conditions have
               been imposed that refer to the development to be consistent with the recommendations of The
               Permaculture, Syntropic and Regenerative Agriculture Food Systems report included as part of the
               application. The request is supported.
               Recommendation
               It is recommended existing condition 44 be deleted.


               Existing Condition 57
               57.   The Group Farm Stay Accommodation and Associated Activities use lapses if the use has
               not happened by 19 December 2026 unless an application to extend the currency period is
               approved by Council.
               Applicant’s Request
               The applicant has requested existing condition 57 be amended and the currency period be
               extended to 6 years from decision taking effect. The applicant indicates that this is in accordance
               with the planning act for MCU approvals, as well as allowing time to construct buildings and
               infrastructure.
               Assessment of Request
               No objection is raised to the change to condition to reflect current legislative time frames.
               Recommendation
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Document Set ID: 23659436
Version: 9, Version Date: 23/04/2025