The Unexpected Impact of an RFI: Merry Christmas

We were recently contacted by a permit applicant who had received a long list of RFI requirements from Council and was looking for assistance:

Dear Sir,

Council has carried out a preliminary review of your application and requires the following information in order to further consider your application:

  • A waste management plan;
  • An odour assessment;
  • An acoustic report outlining proposed methods for noise mitigation;
  • Swept path diagrams;
  • Evidence of rights of carriageway over all privately owned land (where applicable);
  • Clarification of the proposed hours of delivery;
  • The application does not appear to comply with the relevant Disabled Access Standards;
  • The gradient of a number of the nominated loading / unloading areas does not appear to comply with Australian Standard AS4970;
  • The application appears to also trigger a planning permit for ‘animal keeping’ and may result in significant ‘vegetation removal’. Please amend your application accordingly;
  • It is considered that the proposal may not comply with the definition stated on the application and instead may constitute ‘industry’, which is a prohibited use in the Residential Zone.

Please note that this application will be required to be publicly notified. However due to the Christmas blackout period, advertising will not be conducted between 20 November 2014 and 4 February 2015.

Based on the extent of concern about the proposal, this application is unlikely to be supported in its current format. Due to the heavy workloads of Council staff, we request your patience and advise that planning decisions are taking longer than usual to issue during this busy period.

Unfortunately, but perhaps understandably, our client has decided to abandon the application, due to the cost of obtaining the required reports, the delays involved and the extent of uncertainty in the process.  He has also amended his list of ‘naughty’ and ‘nice’ Council planners accordingly and resolved to only allow his reindeer to alleviate themselves whence over Municipal land from now on.

Clause 1 Planning wishes all BDAV Members and management a joy-filled Christmas period as well as a safe and prosperous 2015.  We look forward to working with you all again in the New Year.


 

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