Council meeting agenda - 4 June 2012 - Clarence City Council

CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE 2012 83
3. The lots proposed in the Subdivision do not comply with the qualities
of a minimum lot as provided for under Section 109 Subsection (3)(h)
and (i) of the Local Government (Building and Miscellaneous
Provisions) Act, 1993.
B. That the details and conclusions included in the Associated Report be recorded
as the reasons for Council’s decision in respect of this matter.
________________________________________________________________________
ASSOCIATED REPORT
1. BACKGROUND
The subject property was created by subdivision approved by Council on 26 May
1997 by reference 96/0741. The approval enabled the creation of the proposed and 2
neighbouring lots.
The proposal plan originally submitted as part of that application showed a singular
right-of-way to service the 3 lots. This plan was not considered acceptable by
Council and an amended plan was submitted which provided a separate 3.6m wide
right-of-way to each lot, which formed the approved plan.
2. STATUTORY IMPLICATIONS
2.1. The land is within both the Rural zone and the Landscape and Skyline
Conservation zone and is subject in part to the Vegetation Management
Overlay under the Scheme.
2.2. The Council Policy C3.13 Shared Rights-of-Way is relevant to the proposal in
terms of the number of rights-of-way providing access at this location. The
Policy states as follows.
“Where lots have frontage and/or access by way of shared rights
of way with other lots, a maximum usage of four lots sharing such
accesses shall be regarded as “reasonable vehicular access” for
the purposes of Section 109(f) of the Local Government (Building
and Miscellaneous Provisions) Act 1993”.