2015-03-03 Planning & Organisation Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                  3 MARCH 2015


RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 3 March 2015 regarding a request for a Negotiated Decision
Notice for Reconfiguring 3 lots into 17 lots situated at 55 Lake Macdonald Drive, Cooroy and:
A.   Agree to change the Preliminary Approval to a Development Permit with a relevant
     period of 4 years;
B.   Agree to issue a Negotiated Decision Notice and change Condition 1 and 15 to read
     as follows:
           Stormwater Detention and Flooding
     1.    The Development must be carried out in accordance with the revised Stormwater
           Detention and Flooding Report, prepared by BSM, dated 10 February 2015.
           a.    Deleted
           b.    Deleted
           Active Park
     15.   Active park embellishments must be provided generally in accordance with
           drawing number 14/005-S01, titled Erindale Park, Cooroy Proposed Park Land
           Development Concept Plan, prepared by Play Environment Consulting dated
           17.11.14 and 14/005-S02, titled Erindale Park, Cooroy Proposed Park Land
           Development Concept Plan, prepared by Play Environment Consulting dated
           17.11.14. All works to be dedicated are “non-trunk infrastructure” for the
           purposes of the Sustainable Planning Act 2009.
C.   Execute the Infrastructure Agreement for the provision of Park embellishments.



REPORT
1.   BACKGROUND
Council issued a Preliminary Approval on the 18 December 2014 to subdivide 3 lots into 17
lots. The Preliminary Approval was issued instead of a Development Permit because the
applicant provided a flood detention strategy which raised concerns and posed unacceptable
risks to surrounding residents and to Council. A condition was imposed to ensure an
acceptable revised flood strategy was submitted prior to the issue of a Development Permit.

As part of the application the applicant requested to provide a playground in lieu of the Park
portion of the Infrastructure Charges under the provisions of the Sustainable Planning Act
2009. No park embellishments are identified in the Priority Infrastructure Plan and
consequently are not currently identified as Trunk Infrastructure. Therefore, to deliver the
Park embellishments an Infrastructure Agreement was proposed in lieu of the Park Charge
or if the Park Charges is paid, a refund of the Park Contribution amount paid.

The Park embellishments were discussed in the officer’s report at the time it was presented
to Council. The Infrastructure Agreement was not executed at the time as a draft
Infrastructure Agreement was being reviewed by Council’s solicitor.
2.   PROPOSAL
The applicant seeks to upgrade this Preliminary Approval to a Development Permit through
the negotiated decision process. The applicant has provided a revised flood detention
strategy in accordance with Condition 1 of this Preliminary Approval. The Infrastructure




                                                                                  Page 38 of 147