BATHURST Regional Council is set to start tinkering with the fine print in its Development Control Plan 2014 to avoid expensive litigation in the NSW Land and Environment Court.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The topic was on the agenda at council’s monthly policy committee meeting on Wednesday night and the proposed changes will now be put on public exhibition before being adopted.
The seemingly minor change to the DCP covers the question of whether or not proposed developments should be advertised and notified to neighbours.
A damning finding in the Land and Environment Court in 2013 was the catalyst to the change after a Bathurst woman objected to not being notified of her neighbours’ plans for a swimming pool.
She claimed that a retaining wall being built as part of the project was too high and impinged on her view.
The court found council had erred in failing to notify the neighbour and ordered that the retaining wall be ripped down.
Council faced significant costs for the way it handled the matter.
According to the report tabled at Wednesday’s meeting, council undertook a review of the Bathurst Regional Develop-ment Control Plan (DCP) 2014 with respect to the types of developments being advertised and notified to the Bathurst community and the adjoining landowners.
“The purpose of the amendment to the DCP is to reduce the number of subjective judgements of whether a development application requires advertising or notification,” the report said.
“The matter was the subject of a working party held last November 2014. The approach taken is to introduce three categories.”
As a result, the types of development in the R1 General Residential and R2 Low Density Residential zones for which adjoining property owners will receive notification will include two dwelling homes, dual occupancy, secondary dwelling or group homes; alterations and additions to an existing single storey dwelling to create a second storey; alterations and additions to the second storey of a dwelling within two metres of the side or rear boundary; shop top housing; retaining walls greater than 1.5 metres in height and located within 1.5 metres of the side or rear boundary.
The types of development in the R1 General Residential and R2 Low Density Residential zones for which adjoining property owners will not receive notification will include subdivision of land; single storey dwelling houses, dual occupancy, secondary dwellings or group homes; single storey additions to a dwelling house, dual occupancy, secondary dwelling or group homes; swimming pools; ancillary structures; and retaining walls less than 1.2 metres in height.
