2017-01-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                16 JANUARY 2017


The applicant lodged representations on 14 September 2016 seeking changes to conditions 10,
25, 35 and 40. Officers by delegation decided to amend conditions 10 and 25 and delete condition
40.
    Amendment to condition 10 modified delivery hours to allow for the delivery of bread and
      milk on Sundays and public holidays.
    Amendment to condition 25 deleted the requirement for a shower cubicle.
    Deletion of condition 40 removed the requirement to provide stormwater harvesting tanks.
The representation which sought to delete conditions 35(c) and (d) was not supported as further
investigations are required to demonstrate the works will not adversely impact on existing assets
and other properties downstream.
By negotiated decision notice dated 29 November 2016, Council approved the Development
Application, subject to conditions.
Following issue of the Negotiated Decision Notice, an appeal was lodged with the Planning and
Environment Court on 21 December 2016 by the applicant.
The appellant is appealing conditions 35(c) and (d) which state:
35.   Stormwater drainage works must be undertaken in accordance with an Operational Works
      approval. The works must be generally in accordance with Drawing No P002 Rev E - Job No
      15087 dated 27/06/2016 and titled Preliminary Stormwater Drainage Layout and Details,
      prepared by VT Consulting Engineers and must include but not be limited to:
      a.   removal of the redundant sections of the 525mm RCP stormwater drainage pipeline
           within the site and in the Garnet Street road reserve
      b.   amendment to the alignment of the proposed 750mm by connecting the new pipeline
           directly into the existing downstream stormwater manhole on the vehicular crossover
           for Lot 46 C5602 (No 4 Emerald Street) on the opposite side of Wimmers Lane.
      c.   Investigation of the capacity and the condition of the existing downstream system to
           ensure:
           i.     No adverse impact on operation of the existing stormwater system.
           ii.    No additional surcharge due to the new stormwater works, or only controlled
                  surcharge in accordance with the requirements of QUDM.
           iii.   CCTV investigation and field inspection report of the existing downstream system
                  extending to Emerald Street must be submitted to Council to demonstrate that
                  the downstream system is in good condition and all required repair or
                  improvements works are identified.
      d.   where necessary, undertake improvement works on the receiving stormwater drainage
           system to ensure the overall stormwater drainage system functions in accordance with
           the requirements of QUDM and/or to the satisfaction of Council.
      Section a. to c. of this condition is imposed pursuant to s665 of the Sustainable Planning Act
      2009 being non-trunk infrastructure.
      Section d. of this condition is imposed pursuant to s646 of the Sustainable Planning Act 2009
      being necessary trunk infrastructure identified by Council’s LGIP.




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