4.6 2 cabal court, mulgrave extension of time - a … · existing dwelling 4.6 2 cabal court,...

Council Meeting, 28 April 2015 Section 4.6 – Page 99

2 Cabal Court, Mulgrave - Extension Of Time - A Single Storey Dwelling To The Rear of The Existing Dwelling

4.6 2 CABAL COURT, MULGRAVE EXTENSION OF TIME - A SINGLE STOREY DWELLING TO THE REAR OF THE EXISTING DWELLING

(TPA/33297/A)

EXECUTIVE SUMMARY:

An application has been received to extend the time for completion of Planning Permit TPA/33297/A for a single storey dwelling to the rear of the existing dwelling. The original permit TPA/33297 was issued on the 23 February 2006. The permit has been extended on five previous occasions – 15 February 2008, 27 November 2008, 5 February 2010, 30 March 2011 and 26 April 2012. Public notification of the application for an extension of time is not considered necessary given that the approved development is consistent with existing applicable planning controls and policy. The approved development has commenced construction. The application seeks extension to the completion date. The proposed extension of time for completion is considered appropriate and it is recommended that a 12 month extension to the permit is granted accordingly.

RESPONSIBLE DIRECTOR: Peter Panagakos

RESPONSIBLE MANAGER: Angela Hughes

RESPONSIBLE PLANNER: Rhonda Pollock

WARD: Mulgrave

PROPERTY ADDRESS: 2 Cabal Court, Mulgrave

NUMBER OF OBJECTIONS: N/A

ZONING: General Residential Zone 2

EXISTING LAND USE: Dwelling

OVERLAY: N/A

RELEVANT LEGISLATION: Section 69 of the P&E Act 1987



LOCALITY PLAN

NEIGHBOURHOOD PLAN

SUBJECT SITE



RECOMMENDATION:

That Council resolves to issue an Extension of Time to Planning Permit No. (TPA/33297/A) for a single storey dwelling to the rear of the existing dwelling at 2 Cabal Court, Mulgrave, pursuant to the provisions of Section 69 of the Planning and Environment Act 1987.

The permit expiry date extended as follows:

The development is not completed before 23 February 2016.

BACKGROUND:

History

Planning permit TPA/33297 was issued on the 23 February 2006 allowing a single storey dwelling to the rear of the existing dwelling. The original application was decided under delegation and there was one objection to the proposal. Council has extended the permit on five previous occasions. The last expiry date for commencement of the works was 23 February 2013, whilst the expiry date for completion of the works was 23 February 2015. The approved development has commenced construction. The current request to extend the time for completion of the development was made before the expiry date for completion in accordance with the requirements of the Planning and Environment Act 1987. The Site and Surrounds The subject site fronts onto north-east side of the ‘bowl’ in Cabal Court, a court that is located on the eastern side of Emden Crescent in Mulgrave. Land surrounding the subject site features a mix of single and double-storey dwellings with pitched tiled roofs.

PERMIT TRIGGERS:

Pursuant to the provisions of Section 69(1) of the Planning and Environment Act 1987:

“Before the permit expires or within six months afterwards, the owner or the occupier of the land to which it applies may ask the responsible authority for an extension of time”.



DISCUSSION:

Assessment The total elapse time between the date of issue of the original permit and the date of the request to extend the permit is 9 years. The Monash Housing Strategy 2014 was adopted by Council on 28 October 2014. Residential zoning and policy provisions are in the process of being amended to implement objectives, strategies and actions of the new housing strategy. Changes to existing zoning and zone schedule provisions will take place over coming months through a planning scheme amendment processes. It is likely that any future application for extension of time will be subject to new residential zoning and policy provisions which would mitigate against further extension to the permit on the basis that it would not comply with new requirements for residential development. Whilst consistent with the existing residential policy provisions, the permit holder should be aware that any future application for further extension of the permit may not be supported based on new residential policy provisions which are in the process of implementation. On the basis that the development is consistent with existing residential policy provisions of the Monash Planning Scheme it is appropriate grant an extension to the permit.

Previous extensions were required for both personal and financial reasons. This current extension for completion is required due to delays that have been experienced since the construction works commenced, it is expected that the development will be completed within the 12 months. Given the circumstances, it is considered that an extension of 12 months should be granted.

CONCLUSION:

It is recommended the Council approve an extension of 12 months for the completion of the development.



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ATTACHMENT 1 (Continued)

4.6 2 cabal court, mulgrave extension of time - a … · existing dwelling 4.6 2 cabal court,...

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