173 Agreement South Gippsland Shire

South Gippsland Shire Council 7 November 2007
Agenda Mirboo North
Page 129
C.8 BUFFALO WARATAH ROAD, TARWIN LOWER (LOT 1 ON TP805426P) ¨C
SUBDIVISION (REFERENCE: 2006/151)
Author: Daniel Strachan
Manager: Johann Rajaratnam
PURPOSE/INTRODUCTION
This matter is currently before the Victorian Civil and Administrative Tribunal,
where an application has been lodged by the permit applicant to review an
earlier decision of the South Gippsland Shire Council to refuse the subdivision
of the subject land into 5 lots. This report summarises a proposed
amendment to the subdivision in order to realise 4 lots as opposed to 5 lots.
This has been necessitated by the recent introduction of the Farming Zone.
Council previously considered this matter on 21 March 2007, where the
Planning Department recommended that the proposal be approved, subject to
the removal of the small lot known as Lot 1. However, Council resolved to
refuse the grant of a permit for the whole of the subdivision. The permit
applicant subsequently applied to the Victorian Civil and Administrative
Tribunal to have Council¡¯s decision reviewed.
On the 12 July 2007, the Minister for Planning introduced the Farming Zone
to the South Gippsland Planning Scheme. The Farming Zone replaced all
areas previously zoned Rural. Under the provisions of the Farming Zone, the
form of subdivision originally proposed is no longer permissible. As such, the
Tribunal would legally be unable to consider the proposal in such a form.
The applicant has therefore submitted to Council an amended proposal that is
permissible within the Farming Zone. This is essentially a four-lot subdivision
relatively consistent with the initial proposal, save for the deletion of the small
lot (Lot 1).
Officers are of the view that ¨C despite Council¡¯s refusal of the previous
proposal ¨C the revised proposal is consistent with the provisions of the South
Gippsland Planning Scheme and should be supported. The recommendation
of Officers therefore follows as set out below.
Should Council adopt the recommendation to approve the proposal, it is likely
that the permit applicant will apply to the Tribunal for a consent order, as
there are no other parties to the proceedings. In this case, Council would
likely be directed to issue a planning permit for the 4-lot subdivision.
South Gippsland Shire Council 7 November 2007
Agenda Mirboo North
Page 130
RECOMMENDATION
That Council notifies the Victorian Civil and Administrative Tribunal that
it offers no objection to the proposed subdivision of the land into 4 lots,
at Buffalo Waratah Road, Tarwin Lower (Lot 1 on TP805426P) subject to
the following conditions:
1. The layout of the subdivision, as shown on the approved plan,
must not be altered or modified without the consent in writing of
the Responsible Authority.
2. Prior to the issue of a Statement of Compliance an Agreement
under Section 173 of the Planning and Environment Act 1987 must
be entered into with the owner of each lot created which ensures
that all future land owners are advised that the lots hereby
approved are located in close proximity to the future ¡®Bald Hills¡¯
Wind Energy Facility and as such, residents on the lots may
experience detrimental amenity affects arising from the facility
such as noise, blade glint and blade flicker.
The Agreement must be registered on title pursuant to Section 181
of the Planning and Environment Act 1987. All costs relating to the
preparation and registration of the Agreement shall be borne by the
applicant. The applicant is responsible for undertaking the
registration of the Agreement on title, and must present to Council
a dealing number or similar from the titles office prior to Council
releasing the Statement of Compliance.
3. The owner/applicant must comply with the following t-squared
conditions:
3.1 The plan of subdivision submitted for certification must be
referred to SPI Electricity Pty Ltd in accordance with Section 8
of the Subdivision Act 1988.
3.2 Enter into an agreement with SPI Electricity Pty Ltd for the
extension, upgrading or rearrangement of the electricity
supply to lots on the plan of subdivision as required by SPI
Electricity Pty Ltd. A payment to cover the cost of such work
will be required and easements internal and external to the
subdivision and provision of sites for substations may also be
required.
4. The owner/applicant must comply with the following Telstra
conditions:
4.1 That the plan of subdivision submitted for certification must
be referred to Telstra in accordance with Section 8 of the
Subdivision Act 1988.
4.2 The applicant must pay Telstra the reasonable costs of any
works necessary, as a result of the subdivision, to remove, or
South Gippsland Shire Council 7 November 2007
Agenda Mirboo North
Page 131
alter the position of any existing facility on the subdivision, or
on any adjacent land or Government, pursuant to Clause 53 of
Schedule 3 of the Telecommunications Act 1997. Refer to Dial
Before You Dig, phone 1100.
5. This permit will expire if:
a) the subdivision is not commenced within 2 years of the date
of this permit; or
b) the subdivision is not completed within 5 years of the date of
commencement.
The Responsible Authority may extend the periods referred to, if a
request is made in writing before the permit expires or within 3
months afterwards.
The starting of the subdivision is regarded by Section 68 (3A) of
the Planning and Environment Act 1987 as the certification of a
plan, and completion is regarded as the registration of the plan.
FOOTNOTES:
1. The property owner should check with the relevant service
authorities (eg: Telstra, SPI Electricity) for the location of
underground services before any excavation work is undertaken.
2. The owner/applicant should carry out a ¡®Dial Before You Dig¡¯
enquiry to check the location of underground services before any
works are commenced on site.