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
CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE 2012 92 Reasonable access, as described above by Council Policy C3.13, would allow for up to a maximum of 4 lots having shared rights-of-way. The only means of achieving this proposal would be to create a further 2 rights-of-way and increase the width of the existing right-of-way, which would result in a total of 5 rights-of-way. This would be in conflict with Council Policy. 4.4. Vegetation Management Overlay The site is subject in part to the Vegetation Management Overlay, the Purpose of which is as follows. “(a) To implement the Planning Policy Framework. (b) To protect areas of significant vegetation and bushland habitat including forested skylines, prominent ridgelines and hills which contribute to important vistas and in particular those which create a natural backdrop to the urban setting for the City. (c) To protect and enhance areas of high, very high and extremely high vegetation significance and bushland habitat. (d) To ensure that development is sited to minimise the loss of native vegetation. (e) To maintain and enhance habitat and corridors for indigenous fauna”. The proposal does not, as noted, incorporate the clearing of vegetation on-site and therefore does not require a permit under this Overlay. That said the future development of the site in terms of the building envelopes proposed for the 2 vacant proposed lots would require clearing at the time of development. Such clearing would be subject to a Development Application at that stage and would involve consultation with the Department of Primary Industries, Water and the Environment in terms of the presence of threatened species on the site. 4.5. External Referrals The proposal was referred to the Tasmania Fire Service (TFS) as part of the advertising process and comments were received on 7 May 2012.
CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE 2012 93 The proposal has been assessed by the TFS as being compliant with the Tasmania Service Guidelines for Development in Bushfire Prone Areas. It was noted that no dwellings are proposed at this time and that a bushfire management plan for any development on the lots would be required at that time to ensure compliance with the Guidelines. 5. REPRESENTATION ISSUES The proposal was advertised in accordance with statutory requirements and 3 representations (1 in support from the TFS, as discussed above) were received. The following issues were raised by the representors. 5.1. Width of Frontage Concern was expressed by the representors regarding the lack of width of frontage proposed. � Comment As discussed above in detail, the proposal does not satisfy the frontage requirements of the Scheme and cannot be approved for this reason. 5.2. Existing Roadway Comments were made with respect to the maintenance and use of the existing roadway that comprises the rights-of-way over the subject property. � Comment The issue of maintenance of the roadway is a shared matter between the relevant landowners and is a civil matter. It is not specifically relevant to this proposal. Despite this, the existing arrangement was put in place through the approval of the original subdivision in 1997 and it would seem unreasonable to put further maintenance burdens on the other owners in the same Sealed Plan.
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CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 93<br />
The proposal has been assessed by the TFS as being compliant with the<br />
Tasmania Service Guidelines for Development in Bushfire Prone Areas. It<br />
was noted that no dwellings are proposed at this time and that a bushfire<br />
management plan for any development on the lots would be required at that<br />
time to ensure compliance with the Guidelines.<br />
5. REPRESENTATION ISSUES<br />
The proposal was advertised in accordance with statutory requirements and 3<br />
representations (1 in support from the TFS, as discussed above) were received. The<br />
following issues were raised by the representors.<br />
5.1. Width of Frontage<br />
Concern was expressed by the representors regarding the lack of width of<br />
frontage proposed.<br />
� Comment<br />
As discussed above in detail, the proposal does not satisfy the frontage<br />
requirements of the Scheme and cannot be approved for this reason.<br />
5.2. Existing Roadway<br />
Comments were made with respect to the maintenance and use of the existing<br />
roadway that comprises the rights-of-way over the subject property.<br />
� Comment<br />
The issue of maintenance of the roadway is a shared matter between<br />
the relevant landowners and is a civil matter. It is not specifically<br />
relevant to this proposal.<br />
Despite this, the existing arrangement was put in place through the<br />
approval of the original subdivision in 1997 and it would seem<br />
unreasonable to put further maintenance burdens on the other owners in<br />
the same Sealed Plan.
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