2019-07-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         9 JULY 2019


It is likely that many current members of the community would not be aware of the development
approval as the application to subdivide the site in 2006 was code assessable and did not require
public notification and the land is zoned as Rural. Considerable time has also elapsed since the
application was lodged in 2006 with a decision being determined by the Planning and Environment
Court in 2013.
Since the development approval was issued in 2013 the property owner could have undertaken a
range of activities to progress the development approval. These activities include:
    Lodgement of an Operational works application for Operational Works for Subdivisional
      Works;
    Lodgement of amended plans with Council to satisfy the requirements of the Decision Notice;
    Subdivisional works including road works;
    Environmental works to the park, lots and parts of Hollett Rd; and
    Submission of detailed management plans relating to stormwater and acid sulphate soils.
The property owner has not undertaken any of these steps to progress the development.
Current appeals
Previous applications were made to extend the currency period of the approval, the applications
were made under the Sustainable Planning Act and the Planning Act 2016. These applications
were refused by Council in July and August 2017 respectively. In this regard, the applicant advises:
      …….the current development permit is still valid while it is the subject of the Planning and
      Environment Appeals. This minor change application is necessary to ensure the validity of
      the permit in respect to the sunset clause. This change application ought to be approved to
      ensure that the approval does not lapse due to the operation of the sunset clause, particularly
      in circumstances where the appeals to the Planning and Environment Court are not yet
      resolved.
The applicant’s position that this current minor change application should be approved as the
Planning and Environment Court appeals have not yet been resolved is not supported. Should the
Court agree to extend the currency period of the approval it would be possible for the sunset clause
to also be amended at the same time. At this stage it is unjustified for Council to extend the sunset
clause for a development for which it has not agreed to extend the currency period.
5.    DRAFT PLANNING SCHEME
Under the draft planning scheme the site is zoned Rural. The minimum lot size requirement for
each new lot under the draft planning scheme is the same as the existing planning scheme, being
100 hectares. The subject site is 77 hectares in area. The extent of land affected by the Biodiversity
Overlay is consistent with the existing planning scheme, similarly the extent of Bushfire Hazard
and Flood Hazard.
6.    CONSULTATION
6.1. Referral Agencies
IDAS Referral Agencies
Initial application
Department of Natural Resources & Water (DNR&W)
The initial application was referred to the Department of Natural Resources & Water (DNR&W) as
a concurrence agency due to the site containing mapped vegetation and a wetland regional
ecosystem. DNR&W finalised their assessment on 27 June 2008 and directed Council to refuse
the application. The applicant subsequently suspended the decision period to make
representations to DNR&W and when this period expired requested that Council not decide the
application for an extended period.

                                                                                     Page 75 of 128