Council Minutes 21 January 2008 - Waratah-Wynyard Council

Planning Authority Reports
The assessment found that the risk of deep-seated instability is ‘very low’, the
potential for flooding or rock-fall hazard is ‘not credible’ and the potential for
landslip is ‘very low’. The potential for foundation slip is ‘low’, however it is
recommended that attention is paid to suitable drainage and surrounding
footings and drainage to avoid water accumulation in the foundation areas.
The risk of site instability and erosion from vegetation removal is low and
acceptable without formal controls. In summary, the geotechnical risk
associated with residential development is classified as very low. A number of
recommendations were made and these will, where possible, be recommended
to be included as permit conditions.
The report supporting the application recommends that a condition of approval
require a Part 5 Agreement stating that each lot should be provided with an onsite
tank for roof runoff capture of a minimum volume of 5000m 2 to be
incorporated in any house design. Whilst Council encourages on-site water
tanks for provision of non-potable water, there is no mechanism in the
Planning Scheme to require it. It is suggested that the developer include the
requirement as a covenant on each of the titles.
Advertising
The proposal was advertised for a period of 14 days in accordance with the
provisions of the Land Use Planning and Approvals Act, 1993. During this
time Council received two (2) representations:
• Michael Freeman, 143 Inglis St, Wynyard
• Chris and Bev Banks, 145 Inglis St, Wynyard
Michael Freeman
Issue Raised:
The representor bought land at the rear of his lot that was previously part of
the subject site when a previous subdivision design was proposed. As part of
the previous design, the representor would have had street access to the rear
of his lot. Concerned that the new subdivision design does not provide street
access to the rear of the representor’s lot.
Planning Comment:
It appears that the representor purchased the parcel of land at the rear of his lot
on the basis of a previous, approved subdivision design. The previous
subdivision design was such that a road connection could be provided to the
rear of both the representor’s and neighbours lots. There was never any
guarantee that the proponents of the previous subdivision would proceed with
it and the representor speculated on the purchase. The current design is
considered to provide appropriate road connections and there is no
requirement for the developer to provide a connection to the rear of number
143 and 145 Inglis Street. If this subdivision is approved, there is still no
guarantee that it will proceed.
Waratah-Wynyard Council – Ordinary Meeting Minutes – 21 January 2008 Page 48