Refusal turnover for Darley subdivision

By Lachlan Ellis

A two-lot subdivision on Camerons Road, Darley has been approved by Council with conditions, with the applicant successfully arguing the proposal exceeded the minimum requirements.

The landowners of 151 Camerons Road appeared in person at Council’s Development Assessment Committee (DAC) on Wednesday 18 May, represented by David Merrett.

The recommendation before Council was to refuse the proposal on the basis of “overdevelopment”, however, Mr Merrett argued the subdivision would not constitute overdevelopment of the property.

“The west side of Camerons Road is allowed to subdivide down to six hectares, provided vegetation and setback requirements from the State Park and quarry are met,” Mr Merrett said.

“A permit was issued in 2019 for the southern part of that tenement, comprising 42 hectares that re-subdivided two existing titles into four lots. It’s important to note the average lot size created under that subdivision was 10.5 hectares, not 6 – well above the minimum requirement,” he said.

Mr Merrett said the current permit proposes to subdivide the remainder, which is 28 hectares, into two lots, a 12-hectare lot and a 16-hectare lot, with an average lot size of 14 hectares.

“I’ve read the officer report, there is a statement that this is an overdevelopment of the site…how can this be an overdevelopment of the site, when…lots are over double the minimum allotment size is more than satisfied? The lots to be created are over double the size of the minimum allotment size.”

He also stated his clients would be willing to enter an agreement with Council not to further subdivide the land, if this subdivision was approved.

“There has been discussion in the officer report of further subdivision if this was approved tonight. One matter we’d like to firmly put back to Councillors tonight, is that my clients are willing to enter a Section 173 agreement, that would prohibit the further subdivision of the allotments being proposed tonight,” Mr Merrett said.

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 https://issuu.com/themooraboolnews/docs/mn_2022-05-24/11

in the 24 May 2022 edition
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