LATE ITEM NO. 8.6 8.6 Chirnside Park Country Club Golf Course ...

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LATE ITEM NO. 8.6The other proposed changes to DPO3 relate to replacing the word „must‟ to „should‟ underpart 2 building envelope requirements, Part 3 decision guidelines and Part 5 requirementsfor the Development Plan. The reasons behind these proposed changes suggest that theproponent does not want to be bound by the requirements of the DPO. An analysis of theproponent‟s Development Plan, which will be discussed later in this report, identifies thatmany requirements of the DPO3 are in fact not met.There are aspects of the current DPO3 that are of concern but these are not the subject ofthe current Amendment request. The areas of concern include the following:A reduction in Public Open Space (POS) provision from 23 percent to 20 percent.The Development Plan showing POS to be in form of a linear design abutting the siteboundary.The alternative road access points utilising Rolling Hills Road and Peden Street.Not specifying an ultimate development yield but requiring medium density andhigher density housing.The requirement for a building envelope on each lot created.In responding to the Minister it is recommended that Council convey the above concernsof the current DPO3 and that it is willing to further discuss refinements to DPO3, but thatany change to the DPO should be undertaken through a normal planning schemeamendment, with full public notification.Minister to become the Responsible Authority for approving the development planUnder the DPO3, a development plan is required to be approved by the ResponsibleAuthority before permits can be issued for development of the site, including subdivision.As is the case for all development plans, the development plan must be prepared inaccordance with any requirements specified in the schedule to the development plan andany subsequent planning permit must be generally in accordance with the approveddevelopment plan. Planning permits that are generally in accordance with thedevelopment plan are exempt from third party notification and appeal rights.Following the Minister‟s intervention and approval Amendment C96, which rezoned thegolf course to a Residential 1 Zone and applied DPO3 to the site, it was understood thatthe proponent would be required to submit to Council a development plan for approval.Given the fact that the development plan would need to respond to the requirements ofDPO3 and was therefore likely to be different from the previously exhibited DevelopmentPlan, it was Council‟s understanding that approval of the development plan would involvefurther community consultation.YARRA RANGES SHIRE COUNCIL AGENDA - 09/11/10 4
LATE ITEM NO. 8.6Council officers are seeking clarification on the Minister‟s intention to undertake furthercommunity consultation, if he did become the Responsible Authority for approving thedevelopment plan. While this aspect is still not clear, there is a risk that he will approvethe Development Plan without further consultation, despite the proposal being substantiallydifferent from the original concept considered under Amendment C67. Should Councilagree to the Minister being the Responsible Authority for approval of the DevelopmentPlan, Council will lose the ability to negotiate with the proponent on the final design andhave no say on whether further consultation should occur as part of the Development Planapproval process. Council will also lose control over future requests to amend theDevelopment Plan, as such requests would become the responsibility of the Minister.Therefore it is recommended that Council does not support the Minister becoming theResponsible Authority for approving the Development Plan, as this will diminish the abilityof Council to be actively involved in planning the future development of this site. With theMinister as the Responsible Authority, this would also threaten the ability of the localcommunity to provide input into how the land should be developed.Planning scheme amendment requestOverall it is considered that the proposed changes requested to the DPO schedule are notwarranted. It is also recommended that the Minister should not utilise his powers undersection 20(4) of the Act to prepare and approve the amendment without furtherconsultation. The proposed changes are directly contrary to the provisions that wererecommended by the Advisory Committee and approved by the Minister. The justificationfor approving Amendment C96 under section 20(4) of the Act, was made on the basis thatthe proposal had been considered by an Advisory Committee and that therecommendations of that Committee had been implemented by applying the revisedDevelopment Plan Overlay Schedule 3. A copy of the Minister‟s Reasons for Decision toExercise Power of Intervention, outlines his reasons for preparing and approving theAmendment. In this summary, the Minister specifically states:“The Advisory Committee has considered it appropriate that any further consultationbe limited to the informal notification of a Development Plan if, in the view of theCouncil, the proposal deviates substantially from the plans considered at theCommittee hearing”.Under paragraph 15 it also states:All issues identified by the Advisory Committee have been addressed through theSchedule 3 to the Development Plan Overlay. The proponent will be required toprepare a Development Plan to the satisfaction of the Yarra Ranges Shire Council,having regard to the objectives, requirements and conditions, and the decisionguidelines set out in the overlay. A permit cannot be granted for the subdivision of theland into residential allotments until a Development Plan has been prepared.A copy of the Minister‟s Reasons for Decision to Exercise Power of Intervention isprovided in Attachment 4.YARRA RANGES SHIRE COUNCIL AGENDA - 09/11/10 5
Page 6 and 7: LATE ITEM NO. 8.6In approving Amend
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