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MCU15/0095 & REC15/0022 PM Submissions Object - Petition

of 27

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Code Objective                      Developer's    Assessment       Objectors'     Assessment

                                                                    provides     no justification     for its

                                                                    derived value of 30% other than it is
                                                                    what will fit on the site given its
                                                                    proposed configuration.


                                                                    The design of the facility on the
                                                                    Property as currently proposed clearly
                                                                    is not suitable as the Applicant is
                                                                    unable to comply with the planning
                                                                    scheme and must be rejected.

BUIDLING WORKSCODE

01 Buildings and other              S1.1 Complies                   Does not Comply
structures    are appropriately     Setbacks comply with            The setbacks specified in Schedule 1
designed and sited to-       a)     Schedule 1.                     address probable, but not definitively
provide   amenity    for users of                                   compliant      solutions    in the specific
the premises as well as                                             circumstances.      Given the nature           of
preserve the visual and                                             the proposed Development the
acoustic privacy of adjoining                                       Applicant has not demonstrated that
and nearby land uses;                                               structures are appropriately designed
                                                                    and sited to preserve the visual and
                                                                    acoustic     privacy of the adjoining
                                                                    School.


018 lighting associated with        S18.1- S18.3 Not Applicable     Does not Comply
the use or works does not                                           Iwhere possible'       is insufficientl     an

have an adverse impact              S18.4 Complies                  obfuscation,     and furthermore          an

upon the amenity      enjoyed       All lighting will comply with   acknowledgement            that it is not

by users of adjoining or            the relevant   requirements     possible for the Applicant in its
nearby premises nor do it           where possible.                 current proposal to comply with
cause unreasonable                                                  relevant     requirements       without

disturbance    to local fauna.                                      qualification as required under the
                                                                    planning     scheme.
                                                                    The Applicant has failed to show by
                                                                    any reasonable      objective     justification

                                                                    that lighting associated with the use
                                                                    or operation of the proposed
                                                                    Development       does not have an

                                                                    adverse impact upon the amenity
                                                                    enjoyed by users of the adjoining
                                                                    School.




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