Council Minutes - Town of Cambridge

COUNCIL
TUESDAY 22 MAY 2012
Planning Approval Granted under Delegated Authority - 15 November 2011
The planning assessment against the Residential Design Codes (R Codes), which gave rise
to the November 2011 approval, was examined as well as the delegated authority used in
this case to grant the approval. In this regard, attention was also given to the provisions of
the R Codes as they relate to neighbour consultation and the exercise of Council discretion.
From this review it was concluded that the approval was granted within the power of the
Town Planning Scheme and as such there are no grounds for issuing the Directions Notice
requested by the Council.
Discussion with Landowner
Further to the Council decision in March 2012, discussions have been held with the
landowner to see if there is the opportunity to modify the works, to reduce the visual impact
as viewed from the street. In response, the landowner has indicated that he is willing to
discuss this matter, however, he is not prepared to do this until he has a better
understanding of his legal position.
Natural Ground Level
A question had been raised as to whether the fill associated with the November 2011
approval creates a new ground level datum from which building height would be measured
for any future development. Previous advice from the solicitors representing the neighbours
indicated that this was not the case and this advice is confirmed by our solicitors.
In addition to the above matter, there have been allegations of unauthorised fill being placed
on the site when it was purchased in 2005. Preliminary investigations have revealed that
there appears to be some increase in levels on parts of the site. A surveyor has been
engaged to investigate this matter in greater detail.
POLICY/STATUTORY IMPLICATIONS:
There are no policy or statutory implications related to this report. The proposal was
assessed against the provisions of the Residential Design Codes (R Codes), Town Planning
Scheme No.1, and the Town Planning Scheme Policy Manual.
FINANCIAL IMPLICATIONS:
There are no financial implications related to this report.
STRATEGIC DIRECTION:
Consideration of this application is consistent with the Town's Strategic Plan 2009-2020 for
the priority area 'Planning for our Community'.
COMMUNITY CONSULTATION:
This matter has been assessed under the Community Consultation Policy. This is a legal
question, which does not require consultation.
H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\MAY 2012\B DV.DOCX 43