Council meeting agenda - 4 June 2012 - Clarence City Council

CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE 2012 91
As noted above, the subject property has an access strip with a width of
9.214m to Kings Road which is encumbered by 3 rights-of-way which provide
access to the 3 separate properties that comprise the same Sealed Plan. This
leaves the site with an available frontage as defined by the Scheme of 3.6m.
What this application proposes is to add a further 2 properties to this existing
access arrangement, claiming that “when Lot 1 on Sealed Plan 130283 (64
Kings Road, Cambridge), is subdivided into 3 lots as proposed, each of them
will inherit the existing Rights-of-Ways”.
This is an incorrect interpretation as the rights-of-way relate to Lots 2 and 3
also of the same Sealed Plan. They cannot be inherited by the proposed lots as
Lots 2 and 3 of the same Sealed Plan are not part of this Subdivision
application and their accesses cannot be compromised.
It is further noted that the Scheme is specific in terms of the frontage
definition, in that land required as the sole and principal means of access for
any other lot cannot be considered frontage. The impact of this is that the
existing rights-of-way cannot be compromised and that 3 new rights-of-way of
a minimum of 6m in width must therefore be provided from the boundaries of
each of the proposed lots to Kings Road. This is not proposed, nor is it
proposed to include additional land to facilitate this.
It is therefore considered that the proposed subdivision does not satisfy Clause
6.8.3(c) of the Scheme and is therefore Prohibited. Advice was sought as part
of this assessment from Council’s Solicitor, who confirms this position.
It is further noted that Section 109 of the Local Government (Building and
Miscellaneous Provisions) Act, 1993 describes the qualities of a minimum lot
in terms of the subject property as “having reasonable vehicular access from
the carriage-way of a road to a boundary”.