DA daze no more

The Progress Association was fortunate to be able to meet with Council’s planning gurus recently to gain a better understanding of the Development Application (DA) process and how the community can participate more effectively.

The hierarchy of planning instruments was explained. State legislation requires all councils to have a Local Environmental Plan that provides the overarching guidelines of what is permissible in the various zones.

The Development Control Plans are the Council’s detailed design guidelines that determine how developments impact ‘on the ground’ and the controls that can be put in place, to get the best outcome that fits in with the City’s Vision.

When a DA is lodged a council officer is allocated to the project depending on the experience of the officer, workload and the complexity of the application.

One of the most interesting bits of information gleaned from the meeting was that not all DA’s have to be notified. DA’s that do not require notification include 

• Development of a minor nature that will not adversely affect the amenity of adjoining land or locality.
• New residential dwelling houses up to and including two storeys, with a maximum height of eight metres measured from existing ground level; and
• Additions to residential dwelling houses up to and including two storeys, with a maximum height of eight metres measured from existing ground level.

The details of the other exemptions from notification are in DCP Section 1.9. 

The most effective way to get your views on DA’s heard is to make your views known…to Council, to Councillors, your neighbours, your friends and even your long lost aunt if she has a connection to the community. The more people that contact the Council the more ‘complex’ the application and more senior people will have to consider the merit of the proposal. The more community comment the more personnel involved. If it becomes ‘controversial’ or is very expensive, Councillors will also be involved. Most applications are dealt with under delegated authority to Senior Council staff not the community elected Councillors.

Getting your point across is important too. You don’t have to have a planning degree but you do have to plan what you say. Emotions cloud the issues so try and make logical arguments based on your understanding of the community and the impacts of the development. Some of the areas you may want to make comment on scenic quality, tree preservation, heritage, waste management, stormwater, transport and access, community character, landscape design. You can have a look at the DCP guidelines  to get a feel for some of the areas you may want to comment.

The ‘planning gurus’ said that talking about your broad concerns is very valid as well and the final bit of advice was to use your Council Officers and talk to them.

Keeping up with what developments are happening locally has been made easy by Councils Development Tracking System which also includes a map and recent listings.

Sincerest thanks to LMCC for providing the staff and the time to talk to the Progress Association about the community concerns over recent developments.

Local Environment Plan Guidelines or Grief?

The Local Environment Plan as a guideline for development is causing considerable grief in the local community at present with cumulative 'minor amendments' culminating in major impacts, street frontage 'standards' disregarded for subdivision and inconsistencies  in proponent/opponent deadlines for dealing with Council compounding stress.

The Progress Association is interested in better understanding the planning instruments and is pursuing a public community meeting with Council officers and representatives to clarify the LEP guidelines and processes that are resulting in conflicting messages and outcomes from the original intent of the Lifestyle 2020 vision. A date is yet to be determined. Some of the issues of concern are outlined below.

In the meantime the CPPA is encouraging locals to attend the Council meeting, most likely early May, when the application is discussed and determined. This is an opportunity to better understand the process and what is at stake, especially in regards to subdivision standards in our community. 
The Council hearing in regards to DA 16/2009 had been proposed for April 18th but was deferred pending more information from the proponents. Opponents to the subdivision have been denied public access and so community support is needed.

Sub Division standards: e.g DA 16/2009-A resident is facing a subdivision proposal that was originally a prohibited 1 into 3 lot subdivision/dual occupancy, resubmitted as two lot subdivision and new dwelling, which did not change any features of the questionable subdivision only the dedication of land to Council being removed. The DA proposal does not comply with LEP standards of a 14m street frontage, instead 11.29m is proposed setting a whole new precedent for the area disregarding the current LEP standards.  This will be discussed and determined on 18/4/11. 

Minor Infringements: e.g DA 301/2010-Residents are facing a 2m high planting in lieu of a colourbond fence, down to the foreshore which effectively creates a visual and physical barrier in the neighbouring areas and permanently changes the outlook. The new development will include two double car garages, a 9.8m long hobby store and the house. Ten  'minor infringements' were allowed including overdevelopment of the site, front and side setbacks contrary to council controls and fencing beyond the foreshore building line as part of pool and fencing. As these were all considered 'minor'  no re-notification was triggered denying the opportunity for negotiation or further comment by interested parties.

If you are interested in following Development Applications around the community LMCC provides a DA map at www.lakemac.com.au/page.aspx?pid=1119&vid=12  and there is also PlanningAlerts.org.au.