2021-05-28 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                                     28 MAY 2021


The application must be assessed against each of the following codes to the extent they are relevant
to the development:
     Reconfiguring a Lot Code;
     Coastal Communities Local Plan Code;
     Low Density Residential Zone Code;
     Acid Sulfate Soils Overlay Code;
     Coastal Protection and Scenic Amenity Overlay Code;
     Landslide Hazard Overlay Code; and
     Works Codes.
The application conflicts with a number of these codes. The pertinent issues arising out of the
assessment are discussed below:
Reconfiguring a Lot Code
The proposed lots meet the minimum lot size, shape and width specified by the Code for the Low
Density Residential zone of 600m2, but proposed lot 2 is not sufficiently sized to maintain the coastal
vegetation which currently assists in maintaining the site’s stability and provides a natural buffer from
coastal erosion processes.
Proposed lot 2 is also steeply sloping, with a steep access into the site and any future construction
on the lot is likely to require reduced setbacks for garages and necessitate earthworks and retaining
walls contrary to the code. Lot 2 has a longitudinal fall of up to 40%, some 8 times steeper than the
acceptable outcome specified by the code. The applicant has also not demonstrated that stormwater
can be satisfactorily managed without impacting on the coastal dune system.
The proposal will also increase the number of people and property at risk from natural hazards
(coastal erosion) along the highly sensitive coastal strip and increases the risk to other people and
property in the developed area to the west.
This code contains a number of provisions applicable to the proposed reconfiguring a lot, including
the following:
Overall Outcomes
2(b) Development provides for lots which are responsive to local character and site constraints
     such that the natural landform is not modified.
2(c) Development avoids significant adverse effects on the natural environment and landscape
     including waterways, drainage lines, wetlands and other ecologically important areas.
2(e) Development provides for subdivisions that result in the creation of safe and healthy
     communities by:
      (i)         avoiding or mitigating the risk to people and property from natural hazards;
      (ii)        ensuring lots have a suitable and safe means of access to a public road;
Acceptable Outcomes and Performance Outcomes
PO5     New lots have areas and dimensions that:
d)    allow for siting and construction of buildings, structures, access ways and car parking while:-
             i.   retaining ecologically important areas and ecological linkages;
         ii.      minimising risk of soil erosion, landslide, flooding and bushfire;
        iii.      minimising earthworks or retaining walls associated with construction on sloping sites;
        iv.       retaining the scenic amenity and vegetated character of the landscape;
         v.       retaining culturally significant features and protecting views to culturally significant
                  features;


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