agenda - shire of moorabool · 2017. 2. 1. · agenda . section 86 development assessment committee...

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AGENDA SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE WEDNESDAY 11 March, 2015 Council Chambers, Ballan 4.00pm – 5.00pm Committee Members: Cr Tonia Dudzik (Chair) Cr Paul Tatchell (Mayor) Cr John Spain Cr Allan Comrie Item Title Responsibility Page No. Action Required 1. Welcome, Present & Apologies Chair Noting 2. Conflict of Interest Chair Noting 3. Terms of Reference Chair Page 2 Noting 4. Growth & Development Reports Satwinder Sandhu Discussion 4.1 Planning Application 2014 105 41 and 43 Edols Street, Ballan. Satwinder Sandhu / Sian Smith Page 8 Resolution 5. Update on trends, issues & other matters Satwinder Sandhu Discussion 6. Next Meeting Wednesday 15 April, 2015 4.00pm – 5.00pm, Council Chambers, Ballan Chair Noting 7. Meeting Close Chair Noting Page 1 of 19

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Page 1: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

AGENDA SECTION 86 DEVELOPMENT ASSESSMENT

COMMITTEE

WEDNESDAY 11 March, 2015 Council Chambers, Ballan

4.00pm – 5.00pm

Committee Members: Cr Tonia Dudzik (Chair) Cr Paul Tatchell (Mayor) Cr John Spain Cr Allan Comrie

Item Title Responsibility Page No. Action Required

1. Welcome, Present & Apologies Chair Noting

2. Conflict of Interest Chair Noting

3. Terms of Reference Chair Page 2 Noting

4. Growth & Development Reports Satwinder Sandhu Discussion

4.1 Planning Application 2014 105 41 and 43 Edols Street, Ballan.

Satwinder Sandhu / Sian Smith Page 8 Resolution

5. Update on trends, issues & other matters Satwinder Sandhu Discussion

6. Next Meeting Wednesday 15 April, 2015 4.00pm – 5.00pm, Council Chambers, Ballan

Chair Noting

7. Meeting Close Chair Noting

Page 1 of 19

Page 2: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

Attachment 1 Terms of Reference Section 86 Development Assessment Committee

TERMS OF REFERENCE DEVELOPMENT ASSESSMENT COMMITTEE The Development Assessment Committee has been established under Section 86 of the Local Government Act 1989. Membership Membership of the Committee will comprise four (4) Councillors as appointed by Council. The membership of the S86 Development Assessment Committee shall be reviewed annually at the Statutory and Annual Appointments Meeting of Council. The General Manager Growth & Development or his/her delegate, along with planning officers and support staff will attend each Committee Meeting in a non-voting capacity. If a position on a Committee becomes vacant the Council shall appoint another Councillor to the Committee. Appointment of Chairperson The Chairperson will be appointed by Council or the Committee, and reviewed each year at the Statutory and Annual Appointments Meeting of Council. Where an appointed Chairperson is vacant for a meeting the Committee will appoint a replacement Chairperson for that meeting. Quorum A quorum for the meeting will be three (3) Councillors. It is expected that if a Councillor is unable to attend the meeting then he/she will nominate and arrange a proxy to attend on their behalf. Conduct of Meetings Meetings are conducted in accordance with the provisions of the Local Government Act 1989 and Council’s Meeting Procedure Local Law. Frequency and Location of Meetings Meetings of the S86 Development Assessment Committee will be held on the second Wednesday each month between the hours of 2.00pm and 4.00pm. Meetings will alternate between the Council Chambers in Ballan and the James Young Room, Lerderderg Library, Bacchus Marsh. Additional meetings can be called by the Chairperson or two members of the Committee.

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Page 3: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

Meetings will be advertised and open to the public, except where the meeting is closed pursuant to the provisions of Section 89(2) of the Local Government Act 1989. Committee Functions 1. To act as delegate of Council in determining certain below mentioned planning

applications made under the Planning and Environment Act 1987: The types of planning applications that will be referred to the Committee are:

a. Applications for single dwellings, multiple dwellings and/or buildings and works

ancillary to a dwelling where: i. There are unresolved* objections from five (5) or less separate properties.

b. Any other applications for use and/or development of a property and/or the

subdivision of land where there are unresolved* objections from ten (10) or less properties. *Unresolved objections is an objection that is considered by the General Manager Growth & Development or delegate to have planning merit and which has not been addressed by the imposition of conditions of consent.

c. Where the applicant or owner is Moorabool Shire Council, a Councillor or senior officer of staff; and

d. Any other planning application which is delegated to staff, where:

i. It has been ‘called in’ by a Councillor to be heard by the subject committee, or

ii. It is determined by the General Manager Growth & Development that a planning application is of a sensitive nature and/or has significant associated impact, and needs to be referred to the committee.

2. To provide advice to the Council on trends, issues and other matters relating to planning

or development that have become apparent or arisen through the Committee’s assessment of applications under the Act; and

3. To perform other functions assigned to the Committee by the Council. Committee Delegations The Committee will have delegated authority to hear submissions and decide upon planning permits within its delegation. Applications outside this delegation and outside the Instrument of Delegations for Council staff will be referred directly to Council for resolution. Notwithstanding above, a Councillor may also call for any planning application to be heard either at the S86 Development Assessment Committee or to an Ordinary Meeting of Council with a written notice to the CEO. For further details refer to S86 Development Assessment Committee Protocol for Calling in Planning Applications. (Schedule 1)

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Page 4: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

Committee Meeting Procedure Agenda Distribution A list of items for the S86 Development Assessment Committee meeting will be included in the Councillor delivery (to all Councillors) two weeks prior to the scheduled meeting date. The full Agenda for the S86 Development Assessment Committee meeting will be included in the Councillor delivery (to all Councillors) on the Friday prior to the scheduled meeting date. Calling an Item to Council Once the agenda has been prepared and circulated, a Councillor may request a specific agenda item to be determined by all Councillors at an Ordinary Meeting of Council rather than by the Committee. Councillors may call any agenda item to Council for determination by submitting written notice to the CEO and following the procedure identified in the S86 Development Assessment Committee Protocol for Calling in Planning Applications. (Schedule 1) If an item is called to Council, the Chairperson will advise the public present at the Committee meeting when the next Ordinary Meeting of Council will be held to consider the "called item". Late Correspondence Late correspondence may be submitted to the Committee meeting: • By anyone wishing to provide additional information to the Committee on a listed agenda

item. • It must be received prior to 12.00pm on the day of the meeting. • It will be distributed to all Committee members at the start of the meeting. Meeting Procedure and Public Addressing the Committee Meeting The proceeding of the meeting will be as per the requirements of the Local Government Act 1989 and Council’s Local Law No. 8 in reference to Council meeting procedures. Members of the public may address the Committee on any planning application listed on the agenda. Members of the public are encouraged to register to speak as outlined in the correspondence circulated to all objectors and applicants advising when a Planning Application is being heard. If a member of the public has not registered to speak to an item prior to a meeting they will be afforded the opportunity to register their interest to speak by completing the speaker registration form upon arrival at the meeting venue. When an item is called for consideration, the Chairperson will ask whether there is anyone present who wishes to address the meeting. At this stage each person will be individually invited to come forward and make their presentation.

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Page 5: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

If a large number of people wish to address the Committee meeting on a particular item, it will be at the discretion of the Chairperson to determine, with a view to fairness of representation, how many people may address the meeting. Each person will be allowed to speak for three minutes. Members of the Committee may ask speakers questions or seek clarification of the matters raised by the speaker. At the conclusion of questions from Committee members to the person making the submission, the speaker is to resume their seat and take no further part in the debate unless specifically called to do so by the Chairperson. After a submission, a member of the Committee may ask Council staff to comment on the matters raised by the speaker. Outcomes from the Committee The Committee may make the following decisions: • Adopt the Council Officer's recommendation without change This becomes the decision of Council and Council staff will take action to implement the decision. • Adopt the Council Officer's recommendation with changes This becomes the decision of Council and Council staff will take action to implement the decision. • Adopt some other recommendation This becomes a deferred decision of Council for a period of one (1) week. If the application is not called in by any Councillor within the one (1) week period the decision becomes final and Council staff will take action to implement the decision. However, if the application is called in, it will be referred to an Ordinary Meeting of Council for decision making and the Committee’s determination lapses. • Defer the matter to a future Committee meeting The Committee may require additional information from interested parties or Council staff and therefore may defer the matter to a future Committee meeting to allow the additional information to be obtained. • Refer the matter to Council for determination The Committee may decide to refer the matter to Council for consideration. If this occurs the Committee may make a recommendation for Council to consider. The Chairperson will advise the members of the public present at the Committee meeting when the Ordinary Meeting of Council will be held to consider the recommendation. After the Meeting After each meeting Council staff will implement the decision of the Committee. Staff will also forward letters to all parties that made a formal submission to Council, advising the Committee’s decision. Minutes of the meeting Minutes of the meeting will be available on the following Monday after the meeting on Council's website.

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Page 6: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

Review of Terms of Reference The Terms of Reference of the S86 Development Assessment Committee will be reviewed by the Committee annually.

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Page 7: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

S86 Development Assessment Committee Schedule 1 Protocol for Calling in Planning Applications (a) Any Councillor may call in an application which would fall to be dealt with by officers

under delegated powers to be determined either by the:

a. S86 Development Assessment Committee, or b. At an Ordinary Meeting of Council.

(b) If a Councillor is considering calling in an application which is not located in their Ward,

the Councillor must inform the Councillor/s of that Ward prior to calling in the application. (c) Requests for planning applications to be called in must:

a. Be in writing (including email) to the CEO; b. Be supported by one (1) other Councillor; c. State if the application is to be called in if the officer’s recommendation is for

refusal or approval (but not both); and d. Give reasons to why the Councillor is requesting the application be called in.

(d) Furthermore, once the agenda for the S86 Development Assessment Committee has

been prepared and circulated a Councillor can also call in a specific agenda item to be determined by Council at an Ordinary Meeting of Council rather than the Committee.

The Councillor considering calling in an Agenda item to an Ordinary Meeting of Council will be required to adhere to section two (2) and three (3) of this protocol, except three c (3c).

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Page 8: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

Attachment 2 Agenda Item 4.1; Planning Permit Application 2014 105 Two (2) Lot Subdivision (Boundary Realignment at Lot 1 on TP566783 (formerly pt CA3, S26, Parish of Ballan) & Crown Allotment 4, Section 26, Parish of Ballan, 41 & 43 Edols Street, Ballan.

Application Summary:

Permit No: PA2014 105

Lodgement Date: 8 May, 2014

Planning Officer: Victoria Mack

Address of the land: 41 & 43 Edols Street, Ballan being Lot 1 on TP566783 (formerly pt CA3, S26, Parish of Ballan) & Crown Allotment 4, Section 26, Parish of Ballan.

Proposal: Two (2) Lot Subdivision (Boundary Realignment)

Lot sizes: 1011.83sqm & 1011.87sqm.

Why is a permit required? Clause 32.08-2 – General Residential Zone – permit required to subdivide land

Clause 42.01-2 – Environmental Significance Overlay – permit required to subdivide land

Public Consultation:

Was the application advertised?

The application was advertised due to the potential impact on adjoining properties.

Notices on site: One (1)

Notice in Moorabool Newspaper: No

Number of Objections: One (1)

Consultation meeting: Discussions were held with the objector on several occasions who indicated initially that the objection would be withdrawn but then decided against withdrawal. The objector has concerns about the future development of the larger allotment.

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Page 9: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

Policy Implications:

Key Result Area Enhanced Infrastructure and Natural Built Environment.

Objective Effective and efficient land use planning and building controls.

Strategy

Implement high quality, responsive, and efficient processing systems for planning and building applications

Ensure that development is sustainable, resilient to change and respects the existing character.

Victorian Charter of Human Rights and Responsibilities Act 2006

In developing this report to Council, the officer considered whether the subject matter raised any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited restricted or interfered with by the recommendations contained in the report. It is considered that the subject matter does not raise any human rights issues.

Officer's Declaration of Conflict of Interests

Under section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Manager – Sian Smith In providing this advice to Council as the Manager, I have no interests to disclose in this report. Author – Victoria Mack

In providing this advice to Council as the Author, I have no interests to disclose in this report.

Executive Summary:

Application referred? The application was referred externally to Central Highlands Water, Melbourne Water, Southern Rural Water and Western Water. The application was also referred internally to Council’s Infrastructure Department.

Any issues raised in referral responses?

None raised

Preliminary Concerns? There are no specific concerns with the subdivision (boundary realignment).

Any discussions with applicant regarding concerns

The issue of residential use was raised with the applicant who made the comment that this application is for subdivision only, but that in the future a three (3) unit development might be an option for the proposed Lot 1, with the existing weatherboard dwelling to be demolished.

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Page 10: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

Any changes made to the application since being lodged?

No

VCAT history? None

Previous applications for the site? None

General summary This application seeks approval for the re-subdivision of two existing lots. The existing lots are 1011.83sqm & 1011.87sqm respectively. It is proposed to create one lot of 590sqm with an existing occupied dwelling, at 41 Edols Street and a second ‘L’ shaped lot of 1481sqm with an existing unoccupied dwelling at 43 Edols Street.

The land is located within the General Residential Zone and subdivision is required to meet the purposes of the zone, which include in this instance to encourage development that respects the neighbourhood character of the area and to implement neighbourhood character policy and adopted neighbourhood character guidelines.

Creating the larger ‘L’ shaped lot does not in itself create a detriment to neighbours. Any future development proposal would require a planning permit and would be assessed on its merits at the time.

This report recommends that Council issue a Notice of Decision to Grant a Planning Permit for Subdivision (Boundary realignment) of the Land.

DAC 11 February 2015 This application was deferred from the previous DAC of 11 February, 2015 due to the applicant raising a concern over the inclusion of Condition 2. The concern was whether Council has the ability to charge a public open space contribution given this is a two lot subdivision of existing lots.

Council has now reviewed section 18 of the Subdivision Act and received legal advice. As no additional lot is being created Council does not have a mechanism to charge a public open space contribution in this case. Condition 2 referring to the open space contribution has now been deleted and the remaining conditions have been renumbered.

Summary Recommendation:

That, having considered all relevant matters as required by s.60 of the Planning and Environment Act 1987, Council issue Notice of Decision to Grant a Permit for a Two Lot Subdivision (Boundary Realignment) at 41 & 43 Edols Street, Ballan being Lot 1 on TP566783 (formerly pt CA3, S26, Parish of Ballan) & Crown Allotment 4, Section 26, Parish of Ballan subject to certain conditions.

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Page 11: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

Public Notice The application was advertised to adjoining landowners and occupiers, and a sign was placed on the site between 7 June 2014 and 30 June 2014. One objection was received. Summary of Objections The objection received is detailed below with officer’s comments accompanying them:

Objection Any relevant requirements

Over shadowing and loss of sunlight to adjacent properties, specifically on the east side being the rear of 39 Edols Street, and the proximity of a new dwelling at the rear of 41 Edols Street.

No buildings are proposed in this application. Any future development of the site would require a planning permit.

Officer’s response: The objector is assuming that a future multi-dwelling development will occur on the larger ‘L’ shaped Lot 1 if this subdivision is approved. The objector is concerned that such future development would impact on existing privacy, safety and general amenity of the area.

Proposal The lot known as 43 Edols Street has a weatherboard single storey dwelling with galvanised shedding to the rear, behind the dwelling which also services as a garage. At the time of inspection the dwelling was unoccupied. The lot known as 41 Edols Street has a brick single storey dwelling with attached garage and small ColorBond® shed at the rear. At the time of inspection this dwelling appeared to be occupied. This application seeks the subdivision (boundary realignment) of the two lots to create Lot 1 (41 Edols Street) which would be an ‘L’ shaped lot of 1481sqm, and Lot 2 (43 Edols Street) which would be 590sqm. Site Description The subject land consists of two rectangular lots that are located on the south side of Edols Street, Ballan, opposite the Ballan Primary School. The site is located approximately 700m east of the Ballan Railway Station and 1100m south-east of the Ballan town centre. Surrounding allotments are generally of similar size and orientation with single storey detached dwellings of brick or, more commonly, weatherboard construction, with ancillary outbuildings, and with no, or low, front fences. There is a school crossing directly opposite 43 Edols Street. This section of Edols Street is a wide paved street with kerb and channelling and native trees and shrubs in the road reserve.

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Page 12: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

Below is the proposed Plan of Subdivision:

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Page 13: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

Locality Map The site below indicates the location of the subject site and the zoning applicable to the surrounding area.

Planning Scheme Provisions Council is required to consider the Victoria Planning Provisions and give particular attention to the State Planning Policy Framework (SPPF), the Local Planning Policy Framework (LPPF) and the Municipal Strategic Statement (MSS). The relevant clauses are:

SPPF Title Response

Clause 11 Settlement The proposed two lot subdivision is consistent with this policy, which advocates sustainable development that takes full advantage of existing settlement patterns.

The proposal is broadly consistent with the emerging pattern of subdivision in the neighbourhood.

Subject site

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Page 14: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

Clause 11.02-1 Supply of urban land The proposal is generally consistent with this policy.

Clause 11.05-2 Melbourne’s hinterland areas

The proposal supports facilitation of residential development within the urban growth boundary of Ballan township.

Clause 15.01-3 Neighbourhood and subdivision design

The proposal would contribute to diverse lot sizes in Ballan consistent with the neighbourhood and with no unreasonable environmental impacts.

Clause 15.01-5 Cultural identity and neighbourhood character

The proposal is an acceptable response to the neighbourhood and landscape character of this part of Ballan.

LPPF Title Response

Clause 21.03-2 Urban Growth Management

The proposal supports the growth of Ballan, taking advantage of existing infrastructure without any detrimental impacts on the environment or character of the area.

Clause 21.03-3 Residential Development

The proposal would facilitate some diversity of lot size in the immediate area.

Clause 21.03-4 Landscape and Neighbourhood Character Objective

The proposal supports the emerging character of the area without any unreasonable amenity impacts.

Clause 21.08 Ballan The proposal supports urban growth in the Ballan township in accordance with the character of the neighbourhood and emerging pattern of subdivision in the area.

Zone General Residential Zone (GRZ) – Schedule 1 The development lies within the General Residential Zone and the provisions of Clause 32.08 and Schedule 1 to the Zone apply. A permit is required for subdivision of land under Clause 32.08-2 of the Scheme. The purpose of the GRZ is to: • Encourage development that respects the neighbourhood character of the area;

• Implement neighbourhood character policy and adopted neighbourhood character

guidelines;

• Provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport; and

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Page 15: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

• Allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

The proposal contributes to achieving the purpose of the zone and is supported by provisions of Clause 56 as required by the zone. Overlays Environmental Significance Overlay – Schedule 1 A permit is required under the Environmental Significance Overlay – Schedule 1 for the subdivision of land. The site is connected to reticulated water and sewerage. Relevant Policies Council adopted the Urban Growth Policy Statement at the OMC of the 19th September 2012. Council can give weight to this document under the provisions of section 60(1A) (g) of the Planning and Environment Act 1987. The policy states that: The Moorabool Growth Strategy 2041 aims to provide a vision for the type of community Moorabool Shire will be in 2041 and to outline how Council can facilitate an outcome that both allows for growth and keeps the community connectedness, character and sense of place so valued by our current residents. The urban strategy is about planning and managing the pressures of growth in a proactive manner so that a sustainable environment where people can live, work, access retail, social and recreational services and be involved and connected. The strategy looks at what our future population will be and what employment, services and infrastructure will be required to meet their needs so that Council can identify what growth options will meet these needs in a sustainable and cost effective manner. Council released the Ballan Structure Plan for public consultation in May 2013 as a strategic tool to guide the future development of Ballan. The area containing the subject site is identified for infill development. These policies have been considered to the extent appropriate in the writing of this report. Particular Provisions Clause 52.01 Public Open Space Contribution and Subdivision A subdivision is exempt from a public open space requirement specified in this scheme if it subdivides land into two lots and the council considers it unlikely that each lot will be further subdivided. In this instance it is considered that the proposed re-subdivision is exempt from a public open space contribution as no additional separately disposable parcels of land will be created. This is in accordance with Section 18(1) of the Subdivision Act 1988.

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Page 16: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

Clause 56 – Rescode standards for subdivision Clause 56 provides objectives and standards for residential subdivision. This clause requires the submission of detailed information. Residential subdivisions should meet the objectives and standards contained within the clause. The proposal complies with all standards of ResCode (Clause 56). General Provisions Clause 65 – Decision Guidelines have been considered by officers in evaluating this application. Clause 66 - stipulates all the relevant referral authorities to which the application must be referred. Referrals The following referrals were made pursuant to s.55 of the Planning and Environment Act 1987 and Council departments were provided with an opportunity to make comment on the proposed development plan.

External Authority Response

Southern Rural Water

Central Highlands Water

Melbourne Water

Western Water

No objection subject to 1 condition

No comment

No objection, permit notes

No objection no conditions

Internal Referral Response

Infrastructure No objection subject to 3 conditions

The external Referral Authorities have provided responses not unusual to this type of development. Council’s Infrastructure Department has consented to the proposal. Discussion The proposal responds well to the State and Local Planning Policy Frameworks, the purpose of the General Residential Zone and the requirements of the Particular Provisions of the Moorabool Planning Scheme. With the inclusion of specific conditions it is considered that the proposal for subdivision (boundary realignment) would not create a detriment to neighbours or the immediate area. Financial Implications The recommendation to issue a Notice of Decision to Grant a permit for subdivision of the land will not represent any financial implications for Council other than the potential for the matter to be taken to VCAT for review.

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Page 17: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

Risk and Occupational Health and Safety Issues The recommendation of approval of this development does not implicate any risk or OH &S issues for Council. Communications Strategy Notice was undertaken for the application, in accordance with s.52 of the Planning and Environment Act 1987, and further correspondence is required to all interested parties to the application as a result of a decision in this matter. The applicant was invited to attend this meeting and invited to address Council if desired. Options Council could consider refusing this application on the grounds that the subdivision would create an expectation that development can occur in the future without any details of a future development. A refusal may trigger an application for review at VCAT by the applicant. Conversely a recommendation that a Notice of Decision to Grant a Permit is issued may result in the objector seeking a review at VCAT. Conclusion The proposal is generally consistent with the relevant policies contained within the Moorabool Planning Scheme. The subject land is located within the residential area of Ballan and has access to essential services. The proposal provides for an appropriate development of residential land and has been assessed against the relevant sections of the Moorabool Planning Scheme, and found to be supported by the policies therein. The application should be issued with a Notice of Decision to Grant a Permit. Recommendation: That, having considered all matters as prescribed by s.60 of the Planning and Environment Act, Council issues a Notice of Decision to Grant Permit PA2014105 for a two lot subdivision (boundary realignment) at 41 & 43 Edols Street, Ballan being Lot 1 on TP566783 (formerly pt CA3, S26, Parish of Ballan) & Crown Allotment 4, Section 26, Parish of Ballan, subject to the following conditions: 1. The formal plan of subdivision lodged for certification must be in accordance with

the endorsed plan and must not be modified except to comply with statutory requirements or with the written consent of the Responsible Authority.

2. The owner of the land must enter into an agreement with:

a) A telecommunications network or service provider for the provision of

telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

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Page 18: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

b) A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

3. Before the issue of a Statement of Compliance for any stage of the subdivision

under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

a) A telecommunications network or service provider that all lots are connected

to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

b) A suitably qualified person that fibre ready telecommunication facilities have

been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

4. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with the authority’s requirements and relevant legislation at the time.

5. All existing and proposed easements and sites for existing or required utility

services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.

6. The plan of subdivision submitted for certification under the Subdivision Act 1988

must be referred to the relevant authority in accordance with Section 8 of that Act.

Infrastructure Conditions: 7. Sediment discharges must be restricted from any construction activities within the

property in accordance with relevant Guidelines including Construction Techniques for Sediment Control (EPA 1991).

8. Unless otherwise approved by the Responsible Authority there must be no

buildings, structures, or improvements located over proposed drainage pipes and easements on the property.

9. Any existing works affected by the development must be fully reinstated at no

cost and to the satisfaction of the Responsible Authority.

Southern Rural Water Condition: 10. The plan of subdivision submitted for certification must be referred to Southern

Rural Water in accordance with Section 8 of the Subdivision Act 1988.

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Page 19: AGENDA - Shire of Moorabool · 2017. 2. 1. · AGENDA . SECTION 86 DEVELOPMENT ASSESSMENT COMMITTEE . WEDNESDAY 11 March, 2015 . Council Chambers, Ballan. 4.00pm – 5.00pm . Committee

Melbourne Water Conditions: 11. Pollution and sediment laden runoff shall not be discharged directly or indirectly

into Melbourne Water’s drains or waterways 12. Prior to certification, the Plan of Subdivision must be referred to Melbourne Water,

in accordance with Section 8 of the Subdivision Act 1988.

Expiry Condition: 13. This permit will expire if one of the following circumstances applies:

a) The plan of subdivision is not certified within 2 years of the date of this permit; or

b) The registration of the subdivision is not completed within five (5) years of the date of certification of the plans of subdivision.

The Responsible Authority may extend the time referred to at condition 64 (a) if a request is made in writing before the permit expires or in accordance with the timeframes as specified in Section 69 of the Planning and Environment Act 1987. Permit Notes: Melbourne Water If further information is required in relation to Melbourne Water’s permit conditions, please contact Melbourne Water on 9679 7517, quoting reference number: 238593. Report Authorisation Authorised by: Name: Satwinder Sandhu Title: General Manager Growth & Development Date: 12 February, 2015

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