Bugger That!

Things that don't feel right

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#1 2019-04-03 22:53:15

From: 47 Amy
Registered: 2019-03-27
Posts: 22

Council site visit on 2 April 2019

A quick summary of the site visit.  If you took something else away from the meeting (or disagree) please commit.

Basically her first point was council does care about parking concerns as they reject the DA on this.

  • My reading for the rules, they can, and I've sent her a message asking for a better explanation.

  • In any case, make this object, at least in term of street amenities.

She did say we should the points:

  • The bulk and scale of the development

  • for us in 47, the effect on our jacaranda tree

It appear the sun does not matter, as long as we get 2 hour in mid-winter.  Our side windows and green wall don't matter as other development might have the same effect. It does matter our light has been reduced by 80% on this day, if we get this minimum of 2 hours  on 8 sq metres of our living space.

Neighbours at the rear and sides have privacy issues that can be used as an objection.

Not mentioned, we all should be able to object to the large 2 floor deck.

my message to council:

I wrote:

        I just want to follow up on something you tried very hard to explain to us. Parking and why the council can not reject the application because they don't supply the prerequisite amount.

        My reading on of act: 

        State Environmental Planning Policy (Affordable Rental Housing) 2009
        29   Standards that cannot be used to refuse consent
        (2)  A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:
        (e)  parking
        (iia)  in the case of development not carried out by or on behalf of a social housing provider—at least 0.5 parking spaces are provided for each boarding room,

        I read this as if they satisfy the IF clause (iia in this case) then they can not be refuse consent (based on any our parking condition the council might have). They do not satisfy the if clause.

        Much like the you can't refuse on height 29/2/a if the stay under the LEP 9 meter for the street, but it they go over say 12 m or 9.6 m in this actual develop then you have the right to refuse content.


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