Council meeting agenda - 4 June 2012 - Clarence City Council

Council meeting agenda - 4 June 2012 - Clarence City Council Council meeting agenda - 4 June 2012 - Clarence City Council

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CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE 2012 74 � Comment There is sufficient area for development to occur on Lot 2 and be wholly located outside of a frontal dune system within the Coastal Management Overlay. Any future Development Application on the vacant lot would be required to demonstrate that any development within the Coastal Management Overlay is not within a frontal dune system, as this is Prohibited development under the Scheme. Any development within the Coastal Erosion Hazard Overlay will require an engineering report showing erosion hazards can be mitigated through structural or siting methods and that the development will not increase the level of risk to the life of the users of the site or hazard for adjoining properties. 5.2. Risk Associated with Future Tidal Events Based upon past events, concern is raised that any future building on the site will become a victim of the sea as the dunes continue to retreat. It is said that the 50m distance from high water mark is very subjective and if it was based upon the highest event last year, the 50m distance would reach behind the shed in the north-eastern rear corner. � Comment The site is subject to the Coastal Erosion Hazard Overlay which identifies that the site may be subject to erosion, recession or wave runup related to coastal processes. The purpose of this Overlay is to control impacts on development from coastal hazards, so any future development will have to be appropriately designed to mitigate this risk. 5.3. Development of Adjoining Properties Concern is raised that an application to build on the adjacent property at 10 Jetty Road, South Arm was refused by Council within the last 5 years as a result of the many conditions of building on sand dunes adjacent to the sea.

CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE 2012 75 � Comment A Development Application (D-2004/135) was made upon 12 Jetty Road in 2004 proposing to develop a Single Dwelling requiring variation to the high water mark and side setbacks under the Eastern Shore (Area 2) Planning Scheme 1986. The application was never determined by Council as the application was withdrawn at the request of the applicant. 5.4. Wastewater Disposal Concern is raised that the wastewater from any future building will enter the beach and put the public at risk. � Comment A wastewater report was submitted with the application demonstrating that all wastewater can be disposed of appropriately within the site boundaries. 5.5. Property Boundaries on the Beach Concern is raised that over time the dune face to the beach will break down to a manageable slope and will result in the western boundary of the subdivision being on the beach. � Comment The current Title has boundaries extending to the dune face at the beach. This situation may occur as a result of coastal processes even if the subject subdivision never proceeds and the Title boundaries remain as existing. The covenant agreed to by the developer will Prohibit further development within this area of the site. 6. STATE POLICIES AND ACT OBJECTIVES 6.1. The proposal is consistent with the outcomes of the State Policies, including those of the State Coastal Policy. 6.2. The proposal is consistent with the Objectives of Schedule 1 of LUPAA.

CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 74<br />

� Comment<br />

There is sufficient area for development to occur on Lot 2 and be<br />

wholly located outside of a frontal dune system within the Coastal<br />

Management Overlay. Any future Development Application on the<br />

vacant lot would be required to demonstrate that any development<br />

within the Coastal Management Overlay is not within a frontal dune<br />

system, as this is Prohibited development under the Scheme. Any<br />

development within the Coastal Erosion Hazard Overlay will require an<br />

engineering report showing erosion hazards can be mitigated through<br />

structural or siting methods and that the development will not increase<br />

the level of risk to the life of the users of the site or hazard for<br />

adjoining properties.<br />

5.2. Risk Associated with Future Tidal Events<br />

Based upon past events, concern is raised that any future building on the site<br />

will become a victim of the sea as the dunes continue to retreat. It is said that<br />

the 50m distance from high water mark is very subjective and if it was based<br />

upon the highest event last year, the 50m distance would reach behind the shed<br />

in the north-eastern rear corner.<br />

� Comment<br />

The site is subject to the Coastal Erosion Hazard Overlay which<br />

identifies that the site may be subject to erosion, recession or wave runup<br />

related to coastal processes. The purpose of this Overlay is to<br />

control impacts on development from coastal hazards, so any future<br />

development will have to be appropriately designed to mitigate this<br />

risk.<br />

5.3. Development of Adjoining Properties<br />

Concern is raised that an application to build on the adjacent property at 10<br />

Jetty Road, South Arm was refused by <strong>Council</strong> within the last 5 years as a<br />

result of the many conditions of building on sand dunes adjacent to the sea.

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