Redland Shire Council

Report

 

Date: 21 September, 1999

File: MC005317

To: General Meeting

From: Assessment Services

Subject: Request to Revise Preliminary Approval Decision Notice 29-37 Moreton Bay Road, Capalaba

Background

Council granted the applicant, Jexville Pty Ltd a Preliminary Approval subject to conditions of which one of the conditions (Condition 4) required that prior to an application for a Development Permit for a Material Change Of Use being made to Council, the applicant is to liaise with and satisfy the Environmental Protection Agency that the impacts pertaining to the development activities of the subject land are acceptable.

Purpose

Upon receipt of a written request for the negotiation of the Decision Notice for a Preliminary Approval to revise conditions of the approval and in particular seek the deletion of Condition 4 requiring liaison with the Environment Protection Agency to resolve the perceived environmental concerns prior to a Development Permit being made

Consultation

Assessment Services has held discussions and meetings with the applicant and the Environmental Protection Agency,

Discussion and Conclusion

To date Council officers, the applicant and Environment Protection Agency have held a number of discussions and meetings in order to progress the matter further. This has been undertaken in a Conciliatory manner and notwithstanding that there is considerable doubt from a legal point of view that the condition is reasonable and relevant for the purposes of the Integrated Planning Act and the Integrated Development Assessment System (IDAS) process contain therein,

(a) Corporate/Program Plan Implication

Nil

(b) Financial implications

Nil

(c) Policy Implications

Nil

Officer's Recommendation

That the Development Assessment Committee be delegated authority to determine the matter, as the written representation to negotiate the Decision Notice for a Preliminary Approval has yet to be submitted and a report on same prepared.

 

B Appleton,
Manager Assessment Services

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