Agenda 18 January 2011 - King Island Council

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Heritage Values Objectives To protect items, places or areas identified as having aboriginal, natural, cultural or maritime heritage significance. Comment The subject property is not recognised as having any cultural heritage attributes, however it would be prudent to condition consent with the requirement that the proponent comply with the Aboriginal Relics Act 1975 Access Objectives To ensure that telecommunications infrastructure does not impede movement of vehicular and other modes of transport. Comment The proposed development will not be constructed within a road reserve nor in close proximity to existing roads or tracks. PUBLIC INTEREST The application has been advertised in the local press, notified by mail to adjoining landowners and prominently signposted on site and on Council’s Notice Boards. One representation was received during the exhibition period. Issue: land) and Comment: The proposed facility will “impede our vision (of the sea and pastoral valuation on the property. The disturbance of visual amenity due to an adjoining development is a common grievance of neighbours. However, the matter has been generally dealt with on an appeals basis under a number of jurisdictions and the common finding is that a perceived loss of visual amenity other than from a public vantage point is not cause enough to prohibit a given development if it satisfies the relevant planning requirements. Measures may be undertaken to mitigate or minimise potential impacts by design amendments such as non-reflective coatings. No comment can be provided as to the possible variations in the value of adjoining property due to the commencement of the proposal as any statement would be deemed conjecture without supporting evidence. Unfortunately devaluation of property assets is not a consideration under neither the Land Use Planning Approvals Act 1993 nor the King Island Planning Scheme 1995. - 42 - Ordinary Council Meeting – 18 January 2011
CONCLUSION The planning authority may in determination of an application for a discretionary planning permit; • Approve the permit unconditionally. Issuing a planning permit without conditions would recognise that the proposed development complies with all relevant development standards within the planning scheme and there are no other matters of consideration to be addressed to satisfy overarching objectives, goals and principles inherent within the planning scheme, Council and State Policies. • Approve the permit with conditions. A planning permit may be issued with conditions that require the proponent to undertake such actions deemed necessary so as to mitigate potential negative impacts upon the natural and built environment. • Refuse to issue a permit. The permit may be refused for reasons that the proposed development conflict with those deemed matters of consideration under Clause 2.10 of the planning scheme. The proposed development of a telecommunications tower and supporting infrastructure as described in the application satisfies the goals of the planning scheme for the particular zone, if the recommended conditions are adopted, and complies with the relevant development standards. D W Burke DIRECTOR DEVELOPMENT & ENVIRONMENTAL SERVICES - 43 - Ordinary Council Meeting – 18 January 2011
Page 1 and 2: KING ISLAND COUNCIL NOTICE OF MEETI
Page 3 and 4: QUALIFIED ADVICE Section 65 of the
Page 5 and 6: A. ATTENDANCE AND APOLOGIES Item 1
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Page 9 and 10: D. COUNCIL WORKSHOPS Item 1 WORKSHO
Page 11 and 12: E. APPLICATION FOR LEAVE OF ABSENCE
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Page 17 and 18: J. DIRECTOR’S REPORT - Works & En
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Page 39 and 40: g) Whether the proposed use or deve
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Page 55 and 56: State Policies The State Coastal Po
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Agenda 18 January 2011 - King Island Council

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