Change Representations · MCU23/0139

a) they are not relevant to the development or the use of premises as a consequence of the
   development;
b) they are an unreasonable imposition on the development or use of premises as a consequence of
   the development;
c) they are not reasonably required in respect of the development or the use of premises as a
   consequence of the development; and
d) they serves no proper planning purpose.
                                              Particulars

a) Conditions 11 and 12 have the effect of requiring a 2m reserve dedication, widening of the
   carriageway, and provision of stormwater and landscaping work. Both Conditions 11 and 12 are not
   reasonably required given that given that:
        i. Table SC6.7.2 of the Planning Scheme only requires laneways to have a total reserve
              width of 8m and carriageway width of 5.5m;
        ii. Olivine Lane currently has a reserve width of 6.7m and carriageway width of 3m fronting
              the site;
        iii. The required 2m dedication would cause the reserve width to be beyond what is sought
              by the planning scheme for a laneway, and does not take into consideration any dedication
              that would be required by council associated with any development occurring on the
              opposite side of Olivine Lane;
        iv. Council has not required any land on the northern side of Olivine Lane to be dedicated for
              the purposes of reserve widening. This includes the adjoining property to the west, on
              which council approved a dual occupancy on 23 May 2007, and did not require any
              widening to occur. Consequently, the proposed widening would serve as an isolated piece
              of widened road on the northern side of Olivine Lane, with no ability to provide a contiguous
              width or serve any proper planning purpose.
        v. It is not practical to provide the reserve width and carriageway widening associated with
              the laneway on the northern side of Olivine Lane. The land falls downhill away from the
              road and would require retaining works in order to raise the level of the land to the existing
              road surface level. It would also not match the geometry of the existing dual occupancy on
              the adjoining land to the west that was approved by Council.
        vi. The reserve and carriageway widening for the laneway can more easily occur on the
              southern side of Olivine Lane, where it can match the geometry of the existing widening
              that has occurred to the east and west of the land. It would also improve the function of the
              stormwater network by continuing the kerb, channel and pipes already established on the
              southern side of the road.
        vii. Both dwellings at 15 Olivine Lane already exist and do not require any additional
              infrastructure to serve the use.
        viii. the development achieves the overall outcomes of the Cooroy Local Plan Code in that it
              does not impact on the laneway’s ability to provide vehicular access and servicing
              functions.