TRC Tablelands Regional Council - Agenda
Thursday 06 February 2014
Condition 4.6 - Roadworks – External Construction This condition currently reads… Prior to Council's endorsement of the plan of survey: (a) Where Foster Road traverses the Council Recreation Reserve (Lot 143 on CWL262) the Applicant/Developer must realign the road such that it is entirely located within the road reserve (currently unconstructed) from the intersection with Flaggy Creek Road to connect with the north-south alignment of the constructed section of Foster Road within the road reserve. The new section of road must be constructed to a rural standard in accordance with FNQROC Development Manual standards (as amended) for the applicable planning scheme area to the satisfaction of Council’s delegated officer; OR (b) Should the section of Foster Road that traverses the Council Recreation Reserve (Lot 143 on CWL262) be dedicated as road reserve, the Applicant/Developer must upgrade the subject section of Foster Road to a rural standard in accordance with FNQROC Development Manual standards (as amended) for the applicable planning scheme area to the satisfaction of Council’s delegated officer. The cost of the works would be credited to the Applicant/Developer in lieu of roadworks contributions. Prior to works commencing, plans for the works described above must be approved as part of an Operational Works application. Representation by Applicant The Applicants' representations are provided as Attachment 2. In summary, they consider that neither of the conditioned options is considered a reasonable requirement given the likely increase in traffic associated with one additional lot. The Applicants are prepared to pay a roadworks external contribution of $15,000.00, which they consider to be a sufficient amount for Council to undertake the necessary upgrades to Foster Road. It is therefore requested that condition 4.6 be deleted given that the $15,000.00 roadworks external contribution is already included in the Adopted Infrastructure Charges Notice. The representations also query whether Council has any intention to action either of the above options if the Applicant chooses not to act upon the approval. Response Where an Applicant proposes to create an additional lot, the relevant provisions of the planning scheme require that the lot has access from a gazetted, appropriately constructed road. In this case, the existing, constructed access track is not constructed to the required standard, and is not a gazetted road. In response to Council's directions, officers developed a condition that would permit the Applicants to proceed with the subdivision on a lawful basis. The current wording of Condition 4.6(b) ensures that any funds expended by the Applicant/Developer in bringing Foster Road up to the required standard would be credited against any roadworks external contribution. This condition passes the test of what is a "relevant and reasonable" condition under section 345 of the SPA.
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