Development Application (Old Naracoorte TAFE Site) - Multiple Dwellings

11th May 2020

Development Application (Old Naracoorte TAFE Site) – Multiple Dwellings

Council has received, and approved two development applications for:

Change of land use from educational establishment to multiple dwelling for 2 buildings only

The proposed development involves the change of use of two buildings, identified as buildings 4 and 6 in the proposal plans lodged with the Council, from its previous use as an educational establishment to 2 multiple dwellings.

The development proposed is described below.

Building 4

Internal alterations involving:

  • Three (3) private rooms each containing a double bed, wardrobe, two-seater couch, dining table and television;
  • One living room;
  • Two (2) wet areas each comprising a shower, toilet, and wash basin; and
  • A kitchen and laundry area; and
  • 6 occupants proposed
  • No external alterations are proposed to the building.
  • A carport is proposed just to the south west of the building.
  • An area of open space is shown on the plans at the rear of the building, however it is shown to be bounded by a landscape screen of Lilly Pilly which will ultimately form a 2.4m high hedge.

Building 6

Internal alterations involving:

  • Five (5) private rooms each containing a double bed, wardrobe, two-seater couch, dining table and television;
  • One living room;
  • Two (2) wet areas each comprising a shower, toilet, and wash basin; and
  • A kitchen and laundry area; and
  • 9 occupants proposed
  • A carport is proposed of 8.07m by 10.1m with a maximum height of 3.81 m at the apex to accommodate two vehicles undercover.
  • A small porch is proposed to provide weather cover to the front door.
  • A screened area at the rear of the building will provide some private open space for the occupants.

Any external works undertaken to the buildings will be limited to matters of access to ensure compliance with the Disability Discrimination Act (DDA).

Car parking is provided undercover in a single carport located just to the south west of the building. Car parking otherwise will be accommodated in the existing sealed car park located in the south western corner of the land.

QUESTIONS ABOUT THE DEVELOPMENT

From a Council perspective, a short Q&A is provided to assist in the understanding of these development applications, and the planning process. This is provided on the understanding that there is a reasonable level of community interest in the development of this site.

Can this decision be appealed by the public?

No - only the applicant can challenge the conditions of the approval.

Can the public view the whole development application file?

No, the public are only entitled to see the information contained in the Council Development Register. Application can be made under the Freedom of Information Act, but in this instance Council will provide access for viewing of the Applicants, rather than go through a bureaucratic FOI process.

Are copies available to the public?

No as it is not a requirement under the Development Act to notify adjoining neighbours. Applications can be made under the Freedom of Information Act.

What is the maximum number of people you can have in a detached dwelling?

Five - the moment that more than five people live independently in a dwelling, a change in land use to multiple dwelling occurs. This is why the applicant has lodged these as Multiple Dwellings.

How can these be Multiple Dwellings when they are using them as workers accommodation?

The applicant has lodged for multiple dwellings and the definition for multiple dwellings means one dwelling occupied by more than 5 persons who live independently of one another and share common facilities within that dwelling. Whether the occupants are ‘workers’ or not, they will be living independently and sharing facilities such that the nature of the development falls within the definition of a multiple dwelling.

Does this affect the current ERD Court hearing?

An applicant can lodge as many applications at any time with council on the same land. The new Development Applications do not impact on the application before the Court other than the applicants can exclude the smaller buildings from the appeal in which case any future proceedings should be limited to the use of the larger building on the land for workers accommodation.

Why didn’t they lodge the application for Multiple Dwellings to start with?

That is a question for the applicant. Council can only deal with the applications as they are lodged.

Has the first application for workers accommodation been withdrawn?

No the previous application is still before the ERD Court.

Should the public have been notified?

No - the public notification list in the Residential Zone specifies that a dwelling is a Category 1 form of development. That categorisation applies to all kinds of dwellings (other than those in a residential flat building) and includes a multiple dwelling.

On this basis, the applications are for a category 1 form of development not requiring public consultation.

Were the applications referred to any prescribed body or government agency?

The application was not required to be referred to any prescribed bodies under the Development Act or Regulations.

Can Elected Council stop this development?

No - elected Council does not have any role in considering or determining the outcomes of any development application.

Does Council support this development?

Council's position remains neutral – neither supportive nor opposed. We do have a regulatory planning role to undertake regardless of our views on any development.

Trevor Smart, Chief Executive Officer 10 May 2020