minutes of the meeting of the development assessment panel of the clare … · 2019. 9. 19. ·...

Minutes of the Meeting of the Development Assessment Panel of the Clare & Gilbert Valleys Council held on Friday 17 April 2009, in the Council Chambers, 4 Gleeson Street, Clare, commencing at 7.00pm. 1. ROLL CALL 1.1 Present

Mr S Hains (Presiding Member) Mr D Hannaford Ms H Perry Mr T Peek Mrs E Calvert Mrs D Schwarz Mr RD Blight, CDAP Public Officer Mr TV White, CGVC Senior Planner (Consultant)

Miss GK Burgess, Development Officer – Planning Miss LR Pink, Minute Taker

1.2 Apologies Moved: E Calvert Seconded: D Hannaford That the following apologies be minuted: Mr HJ Weber Miss SP Giles, Development Officer – Planning

CARRIED

2. CONFIRMATION Moved: H Perry OF MINUTES Seconded: T Peek Minutes of the meeting of Council’s Development Assessment

Panel held on 20 March 2009 as contained within the agenda were confirmed as a true and correct record of the proceedings of such meeting.

CARRIED 3. BUSINESS 3.1 Declaration of Interest

ARISING Nil 4. DEVELOPMENT 4.1.1 Applications approved under delegated authority

ASSESSMENT Moved: D Hannaford Seconded: E Calvert

That Council’s Development Assessment Panel note development applications listed in the Schedule below, which were assessed and approved by the Authorised Officer/s under delegated authority for the month of March:

CARRIED

SCHEDULE

DEV. NO. NAME PROPOSAL LOCATION CONDITIONS

433/409/07 Lodged: 3/12/07

B & R Trezise

Dwelling & Carport CLASS: 1a & 10a AREA: 244.07m2 ZONE: Residential BUILDER: TBA

Lot 16 D24 Dennis Road AUBURN

P102, P104, P106, P124, P148, P170, P174, P172, P188, P258, P268, P272, P276, P306 +

• The external colour

scheme of the proposed Dwelling shall be in accordance with then proposed colour scheme submitted to and approved Council. Any changes to the proposed colour scheme must be approved by Council, prior to use. Reason: To maintain the visual amenity of the location

Privately certified for Building Rules Consent by Davis Langdon.

433/282/08 Lodged: 18/7/08

Greg Hayhoe Shed (2 Storey) CLASS: 10a AREA: 193.2m2 ZONE: Rural BUILDER: TBA

Lot 4 D68110 Marrabel Road RIVERTON

13 Planning Conditions as approved by CDAP on 27 February 2009 B1440, B1470, B1462

433/329/08 Lodged: 1/9/08

Alison Ward Extension & Renovation of Existing Dwelling CLASS: 1a AREA: 82m2 ZONE: Residential BUILDER: SJM Carpentry & Building

Lot 17 D9 11 Wright Street CLARE

P124, P104, P106, P138, P154, P170, P172, P244, P258, P268, P276

• The external colour scheme of the proposed Dwelling shall be in accordance with then proposed colour scheme submitted to and approved Council. Any changes to the proposed colour scheme must be approved by Council, prior to use. Reason: To maintain the visual amenity of the location.

B1440, B1450, B1458, B1470

433/389/08 Lodged: 22/10/08

Clare CFS 1 x Fire Danger Rating Signage CLASS: 10b AREA: ZONE: Rural (Horticulture) BUILDER: TBA

Lot 139 F190701 Main North Road CLARE

P124, P104, P106, P208, P210, P212, P216, P218 B1440

433/407/08 Lodged: 31/10/08

P Meadow Detached Dwelling CLASS: 1a AREA: 313.60m2 ZONE: Residential BUILDER: Distinctive Homes Pty Ltd

Lot 51 D74790 Paul Street RIVERTON

P124, P104, P106, P172, P306 +

• The external colour of the proposed roof must be colourbond sandbank or a darker colour to the reasonable satisfaction of the Council.

Privately certified for Building Rules Consent by George

Capetanakis

433/421/08 Lodged: 12/11/08

S Degenhardt & B Montgomery

Carport, Façade & Decking CLASS: 10a AREA: 63m2 ZONE: Residential BUILDER: Shane Degenhardt

Lot 67 F7336 4 Melrose Avenue CLARE

P124, P104, P106, P170, P172, P238, P244, P258, P276, P268, P306 B1440, B1470

433/428/08 Lodged: 18/11/08

Ken Murcott Implement Shed/ Home Workshop CLASS: 10a AREA: 90m2 ZONE: Country Township BUILDER: Owner

Lot 48 D23 Milne Street Rhynie

11 Planning Conditions as approved by CDAP on 27 February 2009 B1440, B1470

433/435/08 Lodged: 11/11/08

Anne McKeon Single Storey Detached Dwelling CLASS: 1a AREA: 159.09m2 ZONE: Rural BUILDER: Longridge Sarah Housing Group P/L

Lot 726 F16885 Frederick Road TARNMA

P124, P104, P106, P172, P268, P306 +

• The external colour scheme of the proposed dwelling shall be in accordance with then proposed colour scheme submitted to and approved Council. Any changes to the proposed colour scheme must be approved by Council, prior to use. Reason: To maintain the visual amenity of the location

• Medium Bushfire Risk Privately certified for Building Rules Consent by KBS Consulting

433/436/08 Lodged: 24/11/08

M & A Sanderson Garage CLASS: 10a AREA: 55.06m2 ZONE: Country Township BUILDER: Basic Steel Supplies

Lot 22 D23 Main North Road RHYNIE

P124, P104, P106, P108, P170, P175, P202, P238, P258, P268, P272, P276 B1440, B1470 +

• Footings to be founded 200mm into natural ground

433/466/08 Lodged: 17/12/08

K & M Higgins Transportable Dwelling CLASS: 1a AREA: 117.30m2 ZONE: Country Township BUILDER: Selecta Homes & Building co

Lot 5 D140 Main Road MARRABEL

• P124, P104, P106, P170, P172, P190, P202, P258, P268, P282 +

• The external colour scheme of the proposed dwelling shall be in accordance with then proposed colour scheme submitted to and approved Council. Any changes to the proposed colour scheme must be approved by Council, prior to use. Reason: To maintain the visual amenity of

the location

• No Stormwater Shall be disposed of into adjacent Robins Lane without prior consent of the Council being first obtained in writing. Reason: To ensure stormwater is disposed of in an acceptable manner

B1440, B1458, B1470

433/474/08 Lodged: 22/12/08

M Smith Store Rooms CLASS: 7 AREA: 56.64m2 ZONE: Town Centre (Mintaro) BUILDER: Jon Cragg Sapsford

Lot 10 D48509 Burra Street MINTARO

P124, P104, P106, P170, P172, P190, P238, P258, P268, P276 B1440, B1444, B1470

433/004/09 Lodged: 5/1/09

T K Thompson Storage Shed & 2 x 10,000 Gallon Water Tanks CLASS: 7 & 10b AREA: 288m2 ZONE: Rural BUILDER: Grant’s Sheds

Lot 3 D43216 Golf Course Road SADDLEWORTH

P124, P104, P106, P108, P152, P170, P172, P190, P244, P258, P272 B1440, B1444, B1470, B1648

433/009/09 Lodged: 14/1/09

M Sims & M Cook

Dwelling Extension & Deck CLASS: 1a & 10a AREA: 45.09m2 ZONE: Residential BUILDER: TBA

Lot 205 D69716 Wright Place CLARE

P124, P104, P106, P172, P174, P238, P244, P258, P244 +

• Structures to be 2.5m from any septic tank.

B1440, B1450, B1458, B1470

433/018/09 Lodged: 30/1/09

S & T West Dwelling Addition CLASS: 1a AREA: 32.4m2 ZONE: Country Township BUILDER: TBA

Lot 71 D67892 Range Road STOCKPORT

P124, P104, P106, P170, P172, P238, P258, P268, P272, P276 B1440, B1450, B1458, B1470

433/020/09 Lodged: 03/02/09

Saddleworth James Masters Senior Citizens Home Inc

Verandah CLASS: 10a AREA: 21m2 ZONE: Residential BUILDER: Simon Pilkington

Lot 1 D287 Spur Street SADDLEWORTH

P124, P104, P106, P170, P172, P244, P258, P268, P276 +

• The external colour scheme of the proposed verendah shall be in accordance with then proposed colour scheme submitted to and approved Council. Any changes to the proposed colour scheme must be approved by Council, prior to use. Reason: To maintain the visual amenity of the location

B1440, B1470

433/023/09 Lodged:

I & L Mattner Dwelling Addition & Re-Location of attached Verandah

Lot 150 D53195 St Vincent Street AUBURN

P124, P104, P106, P170, P172, P238, P244, P258, P268, P272, P276

10/2/09 CLASS: 1a AREA: 82m2 ZONE: Residential BUILDER: Owner

B1440, B1452, B1458, B1470

433/028/09 Lodged: 13/2/09

L & M Ward Decking CLASS: 10b AREA: 109.47m2 ZONE: Residential BUILDER: Owner

Lot 25 D68856 Trezise Way CLARE

P124, P104, P106, P244, P258, P268, P276 +

• Footings for the proposed structure to be 1m away from any septic tank.

B1440, B1442, B1596

433/031/09 Lodged: 16/2/09

Constellation Wines Australia

Demolition of Winery Sheds CLASS: N/A AREA: 1,036m² ZONE: Winery BUILDER: TBA

Lots 208 & 209 D377 Dominic Street CLARE

P124, P104, P268, P276, P300, P302, P304, P276 B1440

433/035/09 Lodged: 19/2/09

Phillip Skeers Swimming Pool CLASS: 46.8m2 AREA: 46.8m2 ZONE: Rural (Horticulture) BUILDER: TBA

Lot 7 D67905 Hayward Road ARMAGH/ CLARE

P124, P104 B1440, B1454

433/036/09 Lodged: 19/2/09

Michael Mildren 2 x Verandahs CLASS: 10a AREA: 69.6m2 ZONE: Country Living (CLARE) BUILDER: Oasis Pergolas

Lot 49 D64306 Norman Drive CLARE

P124, P104, P106, P154, P170, P172, P244, P258, P268, P276 B1440, B1470

433/039/09 Lodged: 20/2/09

MA & JA Miller 2 x Verandahs (1 attached, I free-standing) CLASS: 10a AREA: 47.88m2 ZONE: Rural BUILDER: Owner

Pce 91 F206852 SADDLEWORTH

P124, P104, P106, P172, P238, P244, P258 +

• Structures to be 2.5m away from any septic tank.

B1440, B1470

433/043/09 Lodged: 24/2/09

J Grosset Domestic outbuilding (Garage) CLASS: 10a AREA: 78.4m2 ZONE: Residential BUILDER: Peter Lowe

Lot 2 F3853 Church Street AUBURN

P124, P104, P106, P172, P238, P258 B1440, B1450, B1470

433/050/09 Lodged: 2/3/09

B Seymon

Underground Rain Water Tank (Concrete) CLASS: 10b AREA: 37.38m2 ZONE: Residential BUILDER: Owner

Lot 4 D73726 Tamblyn Street CLARE

BUILDING CONSENT ONLY B1440, B1442 +

• Tank to be protected from Vehicular Traffic

4.1.2 Applications for Planning Approval Only Moved: D Hannaford Seconded: E Calvert That Council’s Development Assessment Panel note development applications listed in the Schedule below, which were assessed and approved by the Authorised

Officer/s under delegated authority for the month of March:

CARRIED

SCHEDULE

DEV. NO. NAME PROPOSAL LOCATION CONDITIONS

433/212/07 Lodged: 27/7/07

D&D MacKenzie

3 x Buildings (1 x Undefined Use & 2 x Service Trade Premises) CLASS; 5, 6, 7B AREA: 678m2 ZONE: Mixed Use/ Town Approach BUILDER: Mackenzie Homes & Commercial

Lot 91 F209243 Main North Road CLARE

21 Planning Conditions as approved by CDAP on 20 March 2009.

433/281/08 Lodged: 21/7/08

B & D Would Dwelling & Verendahs (non-complyng) CLASS: 1a & 10a AREA: 199.5m2 ZONE: Rural BUILDER: Longridge Sarah Housing Group

Lot 5 D6811 Riverton-Marrabel Road RIVERTON

11 Planning Conditions as approved by CDAP on 16 December 2008.

433/429/08 Lodged: 19/11/08

Jane M Bannon

2 x Bed & Breakfast Accommodation Units CLASS: 1b AREA: 215.54m2 ZONE: Residential BUILDER: TBA

Lot 51 DP69391 3 Kingston Terrace AUBURN

P124, P104, P106, P114, P154, P170, P172, P182, P184, P190, P194, P200, P202, P204, P208, P210, P218, P234, P244, P258, P266, P268, P276, P306

• The external colour scheme of the proposed bed & breakfast buildings shall be in accordance with then proposed colour scheme submitted to and approved Council. Any changes to the proposed colour scheme must be approved by Council, prior to use. Reason: To maintain the visual amenity of the location

433/434/08 Lodged: 20/11/08

ABB Grain Pty Ltd

60M High Telecommunications guyed Mast, Panel Antennas, Microwave Dishes & Assoc. Equipment CLASS: AREA: ZONE: Commercial (Bulk Handling) BUILDER: N/A

Lot 52 D30211 Girth Street SADDLEWORTH

P124, P104, P106, P258, P268, P276, P306 +

• The external colour scheme of the proposed telecom facility shall be in accordance with then proposed colour scheme submitted to and approved Council. Any changes to the proposed colour scheme must be

approved by Council, prior to use. Reason: To maintain the visual amenity of the location

433/450/08 Lodged: 4/12/08

T Krawczyk Detached Dwelling, Verandah, Decking & 2 Rainwater Tanks CLASS: 1a AREA: 174.2m2 ZONE: Residential (Mintaro) BUILDER: TBA

Lot 104 F209749 Church Street MINTARO

P124, P104, P106, P114, P170, P172, P190, P244, P258, P268, P276, P306 + DEH Condition

• The Colour selected for the rendered walls may be to light and is subject to change. The colour selected for the rendered walls is to be agreed with the Heritage Advisor and Council prior to painting the walls, to the satisfaction of Council. Reason: To ensure that the colour selected is compatible with the character of the area.

433/460/08 Lodged: 12/12/08

Mr & Mrs Kelly

Dwelling & Garage (UMR) & Verandah CLASS: 1a AREA: 350.65m2 ZONE: Country Living BUILDER: TBA

Lot 7 C23933 Washington Road RIVERTON

P124, P104, P106, P114, P154, P170, P190, P258, P268, P276, P306 +

• The external colour scheme of the proposed dwelling shall be in accordance with then proposed colour scheme submitted to and approved Council. Any changes to the proposed colour scheme must be approved by Council, prior to use. Reason: To maintain the visual amenity of the location

4.2 Land Division Applications

4.2.1 433/D029/07 (lodged 13/12/2007) in the name of DPW Development Pty Ltd for Land Division (Create 20 Additional Allotments), at Lot 10 (F100468), 5 Kelly Street, RIVERTON

Moved: H Perry Seconded: D Hannaford

That Council’s Development Assessment Panel DEFERS any decision for application 433/D029/07 for DPW Developments Pty Ltd, for the division of land at Lot 10 (F100468), 5 Kelly Street, RIVERTON, subject to further discussion between the applicant and Council Planning Staff in regards to meeting the requirements of Residential Zone PDC 6(d), as contained within Council’s Development Plan.

CARRIED

4.2.2 433/D003/09 (lodged 22/01/2009) in the name of Pinksterboer & Associates for Land Division (2 Additional Allotments) at Lot 8 (D242), 122 Main North Road, CLARE Moved: T Peek Seconded: D Hannaford That Council’s Development Assessment Panel, pursuant to Section 33(1)(a) and (c) of the Development Act 1993 as amended, GRANTS development approval to application 433/D003/09 for Pinksterboer & Associates, for the division of land at Lot 8 (D242), 122 Main North Road, CLARE, subject to the following conditions:

Council Conditions:

1. The proposal shall be developed in accordance with the details lodged with the application, except where varied by the conditions herein.

Reason: To ensure the proposal is established in accordance with final amended plans.

2. Provision of a 4.5m x 4.5m corner cut-off at the south-

east corner of proposed Lot 1. 3. Payment of $10,000 shall be made to the Clare &

Gilbert Valleys Council (2 allotment(s) @ $5,000/allotment) for the Community Wastewater Management System (CWMS) pond and pipework maintenance and increase in capacity.

4. Each allotment is to be provided with independent

connections to the CWMS scheme. The applicant/owner is to provide Council with a CWMS layout plan, indicating the location of the new connection(s), the off-set from property boundaries and the size and depth of the connection(s).

5. The effluent and drainage works need to comply with

the ‘Septic Tank Effluent Drainage Scheme Design Criteria’, AS 1260 (Parts 1-3 inclusive), As 3500.2. The

depth of the connection point is to be no less than one (1) metre. For further information with regards to this condition please contact Council’s Environmental Health Officer on 8842 6400.

6. Driveway(s) to proposed allotments 1, 2 and 3 shall be

sealed from the property boundary to the edge of the existing sealed carriageway, in a manner satisfactory to Council. Drainage opening(s) to the driveway(s) shall be provided to cater for side drainage along the road(s). The applicant should contact Council’s Engineering Department regarding the roadside drainage requirements, prior to undertaking the works. All costs with these works shall be borne by the developer.

7. The financial requirements of the SA Water

Corporation shall be met for the provision of water supply. (SA Water 00159/09)

8. Payment of $4978.00 shall be made into the

Planning and Development Fund (2 allotments @ $2489.00/allotment). Cheques shall be made payable and marked “Not Negotiable” to the Development Assessment Commission and payment made on the 5th Floor, Roma Mitchell House, 136 North Terrace, Adelaide, or sent to GPO Box 1815, Adelaide, or via the internet at www.planning.sa.gov.au.

9. A certified survey plan being lodged with the

Development Assessment Commission for Certificate of Approval purposes.

Department for Transport, Energy and Infrastructure Conditions:

1. Allotment 1 shall gain access via Houghton Street and not directly from/to Main North Road.

2. Any new access point created along Houghton Street

must be located as far as practicable from the south eastern corner of the property, as per Figure 3.1, AS/NZS 2890.1:2004, in order to minimise conflicting vehicular movements in the vicinity of the Main North Road/Houghton Street junction.

NOTE: SA Water Corporation further advise that should this application be approved and new assessment numbers created, all internal water pipe-work that cross the allotment boundaries would be required to be severed, such that the pipe-work

relating to each allotment is contained within its boundaries.

CARRIED

4.2.3 433/D002/09 (lodged 22/01/2009) in the name of Pyper Leaker Surveying Services for Land Division (Realignment of boundaries to create 2 allotments from 2 existing allotments creating no additional allotments) at Lot 3 (FP104533) and Lot 348 (FP175668), Main North Road, RHYNIE

Moved: D Hannaford Seconded: E Calvert That Council’s Development Assessment Panel, pursuant to section 33(1)(a) of the Development Act 1993, as amended, GRANT development approval to the application for consent to realign existing allotment boundaries on Lot 3 (FP104533) and Lot 348 (FP175668) Main North Road, Rhynie; subject to the following conditions:

Development Assessment Commission Conditions:

1. The financial requirements of the SA Water Corporation shall be met for the provision of water supply (SA Water 08/09186).

1. Two copies of a certified survey plan shall be lodged for Certificate purposes.

Council Condition:

1. Driveway(s) to proposed Lots 800 and 801 shall be constructed with an “all weather access” material from the property boundary to the edge of the carriageway, in a manner satisfactory to Council. Drainage opening(s) to the driveway(s) shall be provided to cater for side drainage along the road(s). The applicant should contact Council’s Engineering Department regarding the roadside drainage requirements prior to undertaking the works. All costs with these works shall be borne by the developer.

Council Notes:

1. All excavation, trenching and underground services in existing road pavements and verge areas shall be reinstated in accordance with Council requirements.

2. All services, including electricity and telecommunication services are to be provided underground.

3. Retaining walls shall be used to contain cut and fill within the subject land and shall be installed before the commencement of other building work upon the site.

SA Water Conditions:

1. The financial requirements of SA Water shall be met for the provision of water supply; and

2. On approval of the application, all internal water piping that crosses the allotment boundaries must be severed or redirected at the developers/owners cost to ensure that the pipework relating to each allotment is contained within the boundaries.

Department of Transport, Energy and Infrastructure (DETI) Conditions:

1. The vehicular access from/to proposed allotment 800 is to be gained via the existing access only; and

2. The vehicle access to allotment 801, via Main North Road, shall be constructed comply with the Safe Intersection Sight Distance (SISD) requirements outlined in Austroads ‘Guide to Traffic Engineering, Part 5 – Intersections at Grade’.

CARRIED

4.2.4 433/D001/08 (lodged 9/01/2008) in the name of RA & JA Smyth C/- Mosel Browne Surveyors for Land Division (Boundary Re-alignment) at Lot 94 (D49416), High Street and Lot 18 (F106931), West Terrace, LEASINGHAM/HD UPPER WAKEFIELD Moved: T Peek Seconded: H Perry That Council’s Development Assessment Panel supports the Land Management Agreement (LMA) as described as an acceptable compromise, subject to final review of the LMA by Council’s legal counsel, and the inclusion of a legal access to proposed lot 2 as detailed below:

"Access shall be provided to proposed allotment 2 within the proposed plan of division from High Street by virtue of a registered right of way to be created in favour of proposed allotment 2 over Allotments 115 & 116 Filed Plan 212496 being land also in the ownership of R A & J F Smyth. A reference to the existence of the registered right of way in favour of proposed allotment 2 shall be included within the proposed draft Land Management Agreement with the owner undertaking to ensure that

the right of way remains registered on the relevant titles in favour of proposed allotment 2 to the Council's satisfaction’.

CARRIED

4.3 Applications to be determined by the Panel

4.3.1 433/017/09 (lodged 29/01/2009) in the name of North Building Design (for I & J Trengove), for Detached Dwelling and Garage (UMR), Shed, 130,000L Water Tank & Associated Earthworks, at Lot 13 (DP64305), Allenby Street, CLARE Moved: H Perry Seconded: E Clavert That Council’s Development Assessment Panel pursuant to Section 33(1)(a) of the Development Act 1993, as amended, GRANT Development Plan Consent for Development Application 433/017/09 by North Building Design (for I & J Trengove) for a detached dwelling and garage (UMR), domestic outbuilding (shed), 130,000L water storage tank and associated earthworks, at Lot 13 (D64305), Allenby Street, Stanley Flat, Hd Clare, subject to the following conditions:

1. The proposal shall be developed in accordance with the details and plans lodged with the application, except where varied by the conditions herein.

Reason: To ensure the proposal is established in accordance with the submitted plans.

2. Compliance in all respects with the requirements of the

Building Rules and any other relevant legislation. 3. All materials used to be of high quality and maintained

at all times in good repair and condition. 4. That the domestic outbuilding (shed) herein approved

being restricted to domestic storage and related purposes only with no trade, business activities, or human habitation, being carried out or taking place or allowed at any time.

5. Vegetation cover around the battered banks of the cut

and fill area shall be established within 6 months of the date of the excavation and maintained in good condition at all times.

Reason: To ensure vegetation cover is established within a reasonable time and that it is well maintained.

6. Retaining walls shall be installed before the commencement of other building work upon the site.

Reason: For the protection of adjoining land. 7. All stormwater from the buildings and paved areas shall

be disposed of in a manner and with materials to the reasonable satisfaction of Council before occupation of the building.

Reason: To ensure stormwater is disposed of in a controlled manner.

8. The stormwater shall be disposed of in such a manner

that it does not flow or discharge onto land of adjoining owners or lie against any building or create insanitary conditions.

Reason: To ensure adequate compliance with the provisions of the Development Act, 1993.

9. All driveway, access and designated carparking areas

shall be constructed with an “all weather access” material in a manner satisfactory to Council within six months of Development Approval.

Reason: To ensure provision within a reasonable time. 10. All existing trees within the subject land not directly

affected by site and building work shall be retained and protected during development.

Reason: To maintain the amenity of the locality in which the subject land is located.

11. Unless otherwise approved by Council, outside lighting

shall be restricted to that necessary for security purposes only and shall be directed and shaded in such a manner so as not to cause light overspill and/or nuisance to adjacent occupiers or distraction to drivers on adjacent public roads.

Reason: To ensure that floodlighting does not cause nuisance or danger to adjoining occupiers or road users thereby reducing the amenity of the locality and/or making road use unsafe.

12. The external colour scheme of the proposed detached

dwelling and garage (UMR), domestic outbuilding (shed) and 130,000L water storage tank shall be in accordance with the proposed colour scheme submitted to and approved by Council. Any changes to the proposed colour scheme must be approved by Council, prior to use.

Reason: To maintain the visual amenity of the location 13. During the period that the development is being

undertaken all paper, plastic, rubbish and other waste

material associated with the building work shall be appropriately secured to ensure that it is contained within the subject land which is to be kept in a generally neat and tidy condition to the reasonable satisfaction of the Council.

Reason: To maintain the tidiness and amenity of the locality.

14. The external roof sheeting and wall cladding of the

proposed domestic outbuilding (shed) shall consist of sound, undamaged materials of uniform colour and appearance.

Reason: To enhance the appearance of the locality. 15. A dedicated water supply comprising of a minimum of

5,000 litres must be available at all times for the purpose of fire fighting and is located adjacent to the building or in another convenient location on the allotment accessible to fire fighting vehicles.

Reason: To comply with Principle of Development Control 230 (c)(i) and (ii) of the Clare & Gilbert Valleys Council Development Plan (21 June 2007 – consolidation).

CARRIED

4.3.2 433/133/08 & 433/135/08 (lodged 3/04/2008) in the

name of Fairmont Homes for Anthony Barnett, for Detached Dwelling & Garage (UMR), at Lot 43 (D71447), Harriet Street, CLARE and Lot 42 (D71447, Main North Road, CLARE

Presentation by Representors: Michael Doyle 7.28pm– 7.33pm Allotments created too small for the proposed development; streetscape not in keeping with country town character; water sustainability should be promoted – dwelling footprints too large to allow for more than minimum 1000L tank. Robert Stevens 7.34pm – 7.36pm Proximity of proposed dwellings to boundaries inappropriate; concerned with density (one dwelling would have been more suitable than two). Garnet Mahon 7.37pm – 7.43pm Concerned with the potential impact excavation will have on structures on adjoining properties. Presentation by Owner: Anthony Barnett 7.44pm – 7.49pm

In Response to representor Mr G Mahon, no works will encroach on adjoining properties. Water wise landscaping will be established to screen development along property boundaries and avoid overlooking of neighbours. Proposal developed in consultation with Council planning staff to meet the requirements of the development plan and will provide low maintenance housing close to town centre, suitable for retirement living.

Moved: D Hannaford Seconded: T Peek That Council’s Development Assessment Panel pursuant to Section 33 1(a) of the Development Act 1993, as amended, GRANTS Development Plan Consent for application 433/133/08 for Fairmont Homes for a Detached Dwelling and Carport (UMR) at Lot 43 (D71447), Harriett Street, Clare, subject to the following conditions:-

1. The proposal shall be developed in accordance with the

details, plans, and the letter of agreement lodged with the application, except where varied by the conditions herein.



Building Rules and any other relevant legislation.

3. All materials used to be of high quality and maintained at all times in good repair and condition to the satisfaction of Council.

4. The site generally, but around the building specifically

being appropriately landscaped by the planting of ground covers, trees and shrubs prior to the completion of the planting season after the completion of the building to the reasonable satisfaction of Council such planting to be maintained and nurtured thereafter for all time.


5. Retaining walls shall be used to contain cut and fill within

the subject land.

Reason: For the protection of adjoining land.



7. All stormwater from the buildings and paved areas shall be disposed of in a manner and with materials to the reasonable satisfaction of Council before occupation of the building.






shall be constructed, paved and sealed with an impervious hardpaving material in a manner satisfactory to Council within six months of Development Approval.

Reason: To ensure provision within a reasonable time.

10. All vehicles shall enter and exit the subject land in a

forward direction.

Reason: To ensure the safe movement of vehicles associated with the land use.


shall be restricted to that necessary for security purposes only and shall be directed and shaded in such a manner so as not to cause light overspill and/or nuisance to adjacent occupiers or distraction to drivers on adjacent public roads.


12. During the period that the development is being undertaken all paper, plastic, rubbish and other waste material associated with the building work shall be appropriately secured to ensure that it is contained within the subject land which is to be kept in a generally neat and tidy condition to the reasonable satisfaction of the Council.


NOTES

1. The site being maintained to the reasonable satisfaction of the Council at all times.

2. The clearance of any vegetation which is subject to the

provisions of the Native Vegetation Act is prohibited, except where approved by the Native Vegetation Council.

2. Engagement of Private Certifier for Provisional Building Rules Consent The applicant is advised that pursuant to Section 97 (1)(b) of the Development Act, 1993, as amended, provides that a private certifier must ensure that any development authorization given by the private certifier is consistent with any other development authorization that has already been given in respect of the same proposal.

Accordingly, the applicant is advised to provide the private certifier with copies of all documentation approved by Council in association with this Provisional Development Plan Consent.

CARRIED

Moved: D Hannaford Seconded: T Peek That Council’s Development Assessment Panel pursuant to Section 33 1(a) of the Development Act 1993, as amended, GRANTS Development Plan Consent for application 433/135/08 for Fairmont Homes for a Detached Dwelling & Garage (UMR) at Lot 42 (D71447), Main North Road, Clare, subject to the following conditions:-

1. The proposal shall be developed in accordance with

the details, plans, and the letter of agreement lodged with the application, except where varied by the conditions herein.




3. All materials used to be of high quality and maintained at all times in good repair and condition to the satisfaction of Council.

4. The site generally, but around the building specifically

being appropriately landscaped by the planting of ground covers, trees and shrubs prior to the completion of the planting season after the completion of the building to the reasonable satisfaction of Council such planting to be maintained and nurtured thereafter for all time.


5. Retaining walls shall be used to contain cut and fill

within the subject land.




7. All stormwater from the buildings and paved areas shall be disposed of in a manner and with materials to the reasonable satisfaction of Council before occupation of the building.






shall be constructed, paved and sealed with an impervious hardpaving material in a manner satisfactory to Council within six months of Development Approval.

Reason: To ensure provision within a reasonable time.

10. All vehicles shall enter and exit the subject land in a

forward direction.



shall be restricted to that necessary for security

purposes only and shall be directed and shaded in such a manner so as not to cause light overspill and/or nuisance to adjacent occupiers or distraction to drivers on adjacent public roads.


12.During the period that the development is being

undertaken all paper, plastic, rubbish and other waste material associated with the building work shall be appropriately secured to ensure that it is contained within the subject land which is to be kept in a generally neat and tidy condition to the reasonable satisfaction of the Council.


NOTES

1. The site being maintained to the reasonable satisfaction of the Council at all times.

2. The clearance of any vegetation which is subject to

the provisions of the Native Vegetation Act is prohibited, except where approved by the Native Vegetation Council.

3. Engagement of Private Certifier for Provisional

Building Rules Consent The applicant is advised that pursuant to Section 97 (1)(b) of the Development Act, 1993, as amended, provides that a private certifier must ensure that any development authorization given by the private certifier is consistent with any other development authorization that has already been given in respect of the same proposal.

Accordingly, the applicant is advised to provide the private certifier with copies of all documentation approved by Council in association with this Provisional Development Plan Consent.

CARRIED

Discussions followed in regards to the processing of the associated land division applications. Moved: H Perry Seconded: D Schwarz That Council planning staff prepare an information report to the next CDAP meeting detailing the assessment

process and subsequent approval of land division applications 433/D056/04 and 433/C040/05.

CARRIED

4.3.3 433/469/08 (lodged 19/12/2008) in the name of Anne

& Dennis Schilling, for Change of Use from a dwelling to a Bed & Breakfast Facility at Lot 4 (H230500), Spring Gully Road, CLARE

Moved: H Perry Seconded: D Hannaford That the Development Assessment Panel, pursuant to Section 33(a) of the Development Act, 1993, as amended, GRANTS Development Plan Consent for a ‘change in use’ of a dwelling located on Lot 404, (H230500), Spring Farm Road, Clare, subject to the following conditions:

1. All work being carried out in accordance with plans and specifications submitted with and forming part of the application.

2. The site being maintained to the reasonable

satisfaction of the Council at all times. 3. Compliance in all respects with the requirements of the


4. All existing trees within the subject land shall be retained and protected from the site operations, to the reasonable satisfaction of Council.

Reason: To maintain the amenity of the locality in which the subject land is located

5. The storm water shall be disposed of in such a manner

that it does not flow or discharge onto land of adjoining owners or lie against any building or create unsanitary conditions.


6. All driveway, access and designated car parking areas shall be constructed, and maintained with an ‘all weather access’ material in a manner satisfactory to Council at all times.

Reason: To ensure material is not transported to surrounding sealed roads by vehicles entering or leaving the subject land

7. All vehicles shall enter and exit the subject land in a forward direction.


8. Apart from any signs which may be permitted for the

zone, no advertisement or advertising display, including portable easel or A-frame signs, other than those depicted on the approved plans, shall be erected and/or displayed within the subject land or on any building or structure within the subject land

Reason: To restrict the proliferation of advertisements on site

9. Unless otherwise approved by Council, outside lighting shall be restricted to that necessary for security purposes only and shall be directed and shaded in such a manner so as not to cause light overspill and/or nuisance to adjacent occupiers or distraction to drivers on adjacent public roads.


10. Any audible burglar alarm system shall be connected to

a time switch set to turn off after 2minutes of warning.

Reason: To reduce the degree of nuisance/ disturbance to the neighbouring land owners or occupiers

11. No fencing shall be erected between the property

boundaries and existing structures on the subject land

Reason: To maintain the amenity of the locality

12. The existing rural fencing (post and wire) shall be

maintained and not replaced with any other form of fencing, without Council approval

Reason: To maintain and enhance the amenity of the locality

13. The Bed & Breakfast facility shall not accommodate

any more than four (4) persons at any time.

14. This approval does not include approval for signage

and a separate application for signage approval shall be lodged with the Council

15. A dedicated water supply comprising of a minimum of

5,000 litres (to satisfy CFS requirements) must be available at all times for the purpose of fire fighting and is located adjacent to the building or in another convenient location on the allotment accessible to fire fighting vehicles.

Reason: To comply with Principle of Development Control 230 (c)(i) and (ii) of the Clare & Gilbert Valleys Council Development Plan (21 June 2007 – consolidation)

CARRIED

4.4 Statistics

Moved: D Hannaford Seconded: D Schwarz

That the statistics for the previous month be received. CARRIED

5.0 OTHER 5.1 433/395/04 (lodged December 2004) in the name of BUSINESS Roaring 40’s (Hydro Tasmania) Waterloo Windfarm,

(Extension to Provisional Development Plan Consent) WATERLOO/ BLACKSPRINGS

Presentation by Applicant: Justin Cooper & David Pollington 8.06pm-8.26pm Shortage of capital in previous years has lead to request for extension. Finance now secured. Substantial preliminary works completed to date including 3 years of wind data for assessment, supplier agreements, and putting steps in place to meet development plan consent conditions. Working towards connecting to the electricity grid Apr/May 2010. (included PowerPoint presentation showing proposed timeframe for works). Question from a member of the gallery: James Stewart-Rattray 8.27pm-8.31pm Concern in regards to RAAF low flying exercises in the area. What consultation has taken place between Roaring 40’s and RAAF? Response from the Applicant: Justin Cooper 8.31pm-8.32pm Consultation with the Civil Aviation Safety Authority (CASA) was part of the application process. CASA in

turn, notified and sought responses from all effected stakeholders, including RAAF.

Moved: T Peek Seconded: D Hannaford That Council’s Development Assessment Panel pursuant to Section 33 1(a) of the Development Act 1993, as amended, GRANTS Roaring 40s an extension of Provisional Development Plan Consent for a period of 9 months, until 8 February 2010. Any futher time extension will need to be requested in writing before this date to allow further consideration by Council’s Development Assessment Panel.

CARRIED

5.2 433/395/04 (lodged December 2004) in the name of Roaring 40’s (Hydro Tasmania) Waterloo Windfarm, (Varying of Provisional Development Plan Consent) WATERLOO/ BLACKSPRINGS

Moved: D Hannaford Seconded: E Calvert That Council’s Development Assessment Panel DEFER any decision on the request for variation of the provisional development plan consent conditions, to allow both parties time to seek further legal advice on the matter.

CARRIED

5.3 Matters for Council Consideration Nil

5.4 Next Meeting The date of the June meeting of Council’s Development Assessment Panel will be changed to Friday 19 June 2009 (instead of Friday 12 June 2009), so that Presiding Member Mr S Hains and Deputy Presiding Member Mrs E Calvert could both be in attendance. Member Mrs D Schwarz will be an apology for the meeting on Friday 19 June 2009.

6.0 CLOSURE 6.1 Meeting closed at 8.46pm

minutes of the meeting of the development assessment panel of the clare … · 2019. 9. 19. ·...

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