Agenda 18 January 2011 - King Island Council

1) Identify land for the establishment and operation of land based resource
enterprises. The realignment of boundaries within the property will not fetter
land based resource enterprises on the subject lands, nor adjacent property,
insofar as regards the proposed development. Further development of the
land for purposes other than agricultural pursuits would require discretionary
determination by Council.
2) Protect the environmental, conservation and landscape values from
inappropriate development. The proposal, by itself, would not be
detrimental to the cited values.
Clause 3.10.5 (c) of the King Island Planning Scheme provides for the excision of a house
given ‘that the house existed as at 6 th October 2000, and the balance lot is not less than
50ha, and no part of the dwelling unit is closer than 50 metres to the new boundaries of
the created lot containing the house’.
A ‘house’ is defined in Part 8 of the Scheme as meaning:
‘Any land used for a single dwelling on its own allotment, and includes any outbuilding
ordinarily appurtenant thereto.’
The application states that the existing dwelling on the proposed excision allotment has
been on the present site prior to the nominal date. There no records for a building
permit pertaining to the construction.
The balance lot to be created will be approximately 122ha in area. This satisfies the
requirement for a balance block to be 50ha at minimum.
The new boundaries of the excised lot will not satisfy the planning scheme standards
insofar as required setbacks. The proposed south and west boundaries, nominally 40m
and 34m respectively, are drawn so as to retain existing infrastructure and vehicular
access pertinent to agricultural production on the balance allotment.
The existing infrastructure include a functioning shearing shed and associated structures
and buildings including a loading race for stock, a dairy, concrete water tank and a
crush. The vehicular entry from North Road on the proposed south boundary enables
efficient access to the shearing sheds.
The planning scheme states that where setbacks cannot be achieved, the excision would
be allowable if, “any existing or potential development and use of agricultural land in
the vicinity is likely to cause no impact, or only minor impact, on the residential amenity
of the house taking into consideration:
• The topography of the land; and
• The location of water catchments; and
• and the location of neighbouring dwellings; and
• buffers created by natural features.
- 33 - Ordinary Council Meeting – 18 January 2011