2020-05-18 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                   18 MAY 2020


2.   BACKGROUND
On 21 June 2005 an application was lodged over the subject site for a Material Change of Use of
Premises - Duplex Dwelling and Operational Works for Landscaping, Car Parking, Access,
Stormwater Drainage & Sediment and Erosion Control. On 30 June 2005, an application was
lodged over the adjoining property at 7 Park Crescent, also for a Duplex Dwelling and
Operational Works. The two lots were under the same ownership at the time, and the proposals
were designed by the same designer to be developed concurrently, and were similar in design,
scale and character. As such, the applications were assessed concurrently, with a joint report
written for the two applications. In 2011, 7 Park Crescent was sold to a separate entity, and as
such, the two properties were no longer under the one ownership.
At the time the original application was publicly notified, 2 properly made submissions were
received for the application over the subject site. The submitters were primarily concerned with
setbacks.
On 23 March 2006, Council issued a preliminary approval for a combined Material Change of
Use and Operational Works for a Duplex Dwelling under the superseded planning scheme.
Following a negotiated decision process, a development permit was issued on 13 October 2006.
Following the issuing of the approval, the following extensions to the currency period have been
approved:
   An extension to the relevant period was approved for 2 years on 29 April 2010 to 13
     October 2012.
   An extension to the relevant period was approved for 2 years on 20 September 2012 to 13
     October 2014.
In 2013, the property was purchased by the current owners. Since the change of ownership, the
following extensions have been issued:
   An extension to the relevant period was approved on 17 October 2014 extending the
     relevant period to 23 March 2016.
   An extension to the relevant period was approved on 29 February 2016 extending the
     relevant period until 23 March 2018.
   An extension to the relevant period was approved on 23 March 2018 extending the relevant
     period until 23 March 2020.
The original officer’s report and subsequent extension reports have raised concerns with the
extent of fill and potential overlooking/privacy issues created by each individual application at
both 5 and 7 Park Crescent as stand-alone developments. The proposed fill and design were
accepted based on the fact the two developments were designed to work in conjunction with
each other, with each design considering the other in order to achieve a suitable outcome.
The new owners of both 5 and 7 Park Crescent were made aware that should the neighbouring
approval lapse or the design change, the individual developments would create overlooking /
privacy concerns and issues in relation to fill, and as such, the proposals were supported only
whilst the neighbouring approval remained current. The approval over 7 Park Crescent lapsed on
23 March 2020, with the property owner being informed of the lapsing on 30 March 2020. The
applicant of this extension request was also informed that the approval over 7 Park Crescent had
lapsed, and as such, the request to extend the currency period of the subject approval would
unlikely be supported by Council Planning Officers due to the matters previously discussed with
the property owners in regards to issues with the proposal as an individual development.




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