NOTIICE OF MEE ETING hereby giv ven that a Planning Authority y Committtee meetinng of the Devonport D t Notice is h City Coun ncil will be held in the Council Chamberrs, on Monday 6 Julyy 2015, com mmencing g at 11:00am m. he public a at 11:00am. The meetiing will be open to th QUA ALIFIED PERS SONS In accord dance with h Section 65 of the Local Go overnmentt Act 19933, I confirm m that the e reports in this agen nda conta ain advice e, informattion and recommen ndations given by a person w who has the t qualifications o or experie ence nece essary to give such advice,, informatio on or recom mmendatio on.
Paul Westt GENERAL MANAGER R 1 July 2015
AGENDA FOR A MEETING OF THE PLANNING AUTHORITY COMMITTEE OF DEVONPORT CITY COUNCIL HELD ON MONDAY 6 JULY 2015 AT THE COUNCIL CHAMBERS AT 11:00AM Item
Page No.
1.0
APOLOGIES ............................................................................................... 1
2.0
DECLARATIONS OF INTEREST ........................................................................ 1
3.0
DELEGATED APPROVALS ............................................................................. 2
3.1
Planning Applications approved under Delegated Authority 1 June 2015 to 27 June 2015 (D376464) ....................................................................................................................... 2
4.0
DEVELOPMENT REPORTS .............................................................................. 4
4.1
PA2015.0059 2 lot subdivision and residential (dwelling) - assessment against performance criteria for location and configuration of development - 16 Collins Way Tugrah (D376485).................................................................................................................... 4
5.0
CLOSURE ................................................................................................ 67
PAGE 1 Planning Authority Committee meeting Agenda 6 July 2015
Agenda of a meeting of the Devonport City Council’s Planning Authority Committee to be held at the Council Chambers, Fenton Way, Devonport on Monday 6, July 2015 commencing at 11:00am. PRESENT Present Chairman
Apology
Ald S L Martin (Mayor) Ald C D Emmerton Ald G F Goodwin Ald J F Matthews Ald L M Perry
IN ATTENDANCE All persons in attendance are advised that it is Council policy to record Council Meetings, in accordance with Council’s Audio Recording Policy. The audio recording of this meeting will be made available to the public on Council’s website for a period of six months. Members of the public in attendance at the meeting who do not wish for their words to be recorded and/or published on the website, should contact a relevant Council Officer and advise of their wishes prior to the start of the meeting.
1.0 APOLOGIES 2.0 DECLARATIONS OF INTEREST
PAGE 2 Report to Planning Authority Committee meeting on 6 July 2015
3.0
DELEGATED APPROVALS
3.1
PLANNING APPLICATIONS APPROVED AUTHORITY 1 JUNE 2015 TO 27 JUNE 2015
UNDER
DELEGATED
ATTACHMENTS 1.
Planning Applications Approved Under Delegated Authority - 1 June 2015 to 27 June 2015
RECOMMENDATION
That the list of delegated approvals be received.
Author: Position:
Robyn Woolsey Administration Officer
Endorsed By: Position:
ITEM 3.1
Paul West General Manager
PAGE 3 Planning Applications Approved Under Delegated Authority - 1 June 2015 to 27 June 2015
ATTACHMENT [1]
PLANNING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY – 1.6.2015 – 27.6.2015 Application No.
Location
PA2015.0038
205 Clayton Drive, Spreyton
PA2015.0040
389 Melrose Rd, Eugenana
PA2015.0041
21 Mcarthur Dr, Spreyton
PA2015.0043 PA2015.0044 PA2015.0047 PA2015.0048
79 Parker St, Devonport 9 Luck Street, Spreyton 13 Woodrising Avenue, Spreyton 67-71 Mersey Main Rd, Spreyton
PA2015.0049 PA2015.0050
22 Dahlia Court, Devonport 2 Sherston Rd, Eugenana
PA2015.0051 PA2015.0052
85 Gunn St, Devonport 21 Loone Lane, Spreyton
PA2015.0053 PA2015.0061
89 Sorell St, Devonport 1/7 Best St, Devonport
Description
Approval Date
Residential (single dwelling) - assessment against performance criteria for suitability of a site for development and dwelling density Residential (outbuildings) - assessment against performance criteria under clauses 26.4.1 and 26.4.2 Residential (shed) - assessment against performance criteria for setbacks and building envelope Residential (multiple dwellings x 3) - assessment against performance criteria under clauses 10.4.2, 10.4.3 & 10.4.6 Storage (contractor’s yard) Residential (multiple dwelling x 2) Storage & landfill placement & demolition of dwelling (Heritage Code) Residential (carport) - assessment against performance criteria for building envelope and setbacks Residential (Roofed Verandah) Residential (garage) – assessment against performance criteria for setbacks and building envelope 2 lot subdivision Residential (existing garage) - assessment against performance criteria for setbacks and building envelope Business and Professional Services (offices)
ITEM 3.1
11.6.2015 12.6.2015 1.6.2015 15.6.2015 25.6.2015 1.6.2015 11.6.2015 15.6.2015 1.6.2015 24.6.2015 25.6.2015 25.6.2015 25.6.2015
PAGE 4 Report to Planning Authority Committee meeting on 6 July 2015
4.0
DEVELOPMENT REPORTS
4.1
PA2015.0059 2 LOT SUBDIVISION AND RESIDENTIAL (DWELLING) ASSESSMENT AGAINST PERFORMANCE CRITERIA FOR LOCATION AND CONFIGURATION OF DEVELOPMENT - 16 COLLINS WAY TUGRAH File: 30577 D376485
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.1.1
Ensure the City's Planning Scheme supports local community character and appropriate land use.
Strategy 2.1.2
Provide high quality, consistent and responsive development assessment and compliance processes.
SUMMARY The purpose of this report is to enable Council’s Planning Authority Committee to make a decision regarding planning application PA2015.0059.
BACKGROUND Planning Instrument: Applicant/Owner: Proposal: Existing Use: Zoning: Decision Due:
Devonport Interim Planning Scheme 2013 Tina Smith 2 lot subdivision and Residential (dwelling and shed) assessment against performance criteria for location and configuration of development Vacant Rural Living 13/07/2015
SITE DESCRIPTION The site is located to the northeast of the Collins Way T-junction and is part of a subdivision approved in 2012. The site has an area of 8277m2 and frontage of 72.28m onto Collins Way on the southern boundary and 132.22m onto Collins Way on the western boundary. Several lots in the area have houses under construction or applications for residential use underway. Figure 1 shows the title for the subject site and Figure 2 an aerial view of the subject site and surrounding area. The aerial photo is approximately 2 years old. A creek runs through the property in the approximate location of the blue line which runs through the site in Figure 2. Some of the trees seen in the aerial photo have been removed however a number remain along both sides of the banks of the creek.
ITEM 4.1
PAGE 5 nning Authority y Committee meeting m on 6 J uly 2015 Report to Plan
Figure 1 - Tiitle plan for subject site e
Figure 2 - Aerial view w of subject site and surrrounding area a (blue line through subject site e indicates approximate llocation of existing e cre eek)
ITEM 4.1
PAGE 6 nning Authority y Committee meeting m on 6 J uly 2015 Report to Plan
APPLICATIO ON DETAILS The applic cant is see eking apprroval for a 2 lot subd division alo ong with a single dw welling and d shed. It is propose ed that th he dwellin g and she ed be co onstructed only 10m m from the e southern rroad fronta age. Figure 3 shows the propossal plan for the site.
Figure e 3 - Proposa al plan
PLANNING ISSUES The land is zoned Rural R Living g under th he Devonp port Interim m Planning Scheme 2013. 2 The e intent of tthe Rural Liiving zone is to provid de for resid dential use e or develo opment on n large lotss in a rurall setting where w serv vices are limited an nd to prov vide for c compatible e use and d amenity. developm ment that does d not adversely im mpact on residential r A residenttial use is permitted p in n the zone e provided all relevan nt develop pment standards can n be complied with. In instanc ces where this is not the case, and a pro oposal can nnot meett the appro opriate Acc ceptable Solutions, S t he relevan nt Performa ance Crite eria must be e satisfied. ITEM 4.1
PAGE 7 nning Authority y Committee meeting m on 6 J uly 2015 Report to Plan
In regard to the sin ngle dwellin ng and sh hed the proposal does not sattisfy the Ac cceptable e Solutions a and must meet m the Performanc P ce Criteria a in regard to suitabil ity of a site e, dwelling g density an nd location n and configuration o of develop pment. There are no Accep ptable Solu utions for ssubdivision and there efore the P Performanc ce Criteria a are auto omatically triggered d. Additiionally the subdivission is allso subjec ct to the e performan nce criteria a for suitab bility of a si te. Any reside ential use, whether on o the exissting or pro oposed site/s is subje ect to the clause forr setback o of sensitive use. The propo osal comp plies with all a other A Acceptable e Solutionss in the zo one and all a relevantt Codes. ant Perform mance Critteria are re eproduced d below, along with c comments. The releva
ITEM 4.1
PAGE 8 nning Authority y Committee meeting m on 6 J uly 2015 Report to Plan
Neither th he existing or propossed lots co omply with h the 1ha lot size. B Both eleme ents of the e proposal m must there efore satisfy y the Perfo ormance Criteria. C The existin ng lot and proposed d lots are o of sufficien nt size to contain c ap ppropriate residentiall buildings and acce esses without any n negative impact i on n adjacen nt land. The T creek k through th he centre of the property is uti lised for th he disposal of stormw water and will w not be e impacted d. There arre no easements on tthe properrty.
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PAGE 9 nning Authority y Committee meeting m on 6 J uly 2015 Report to Plan
The propo osed lots are a big en nough to c cater for two t separate reside ential deve elopments.. Reports b by suitably qualified people p sho ow that ea ach lot is of o sufficien nt size to enable e the e disposal of onsite waste wa ater and cater for bushfire mitigation n. Access is easily y achievab ble given the existin ng lot is located on o a corner and has two frontages.. Stormwater disposal can be achieved v via the cree ek running through th he property. o the comm munity thro ough the in ncreased amount a off money to o be spentt There is a benefit to on trades and good ds by allow wing for two o residence es rather th han one.
ITEM 4.1
PAGE 10 nning Authority y Committee meeting m on 6 J uly 2015 Report to Plan
A numberr of properrties in the area have e a 10m se etback, ma aking the p proposed residentiall setback c consistent with w the surrounding streetscap pe. The reduc ced setbac ck from the e southern road fronttage is req quired by a constrain nt imposed d by the loc cation of th he creek. The schem me impose es a setbac ck of 30m from a wa atercourse.. In order to o achieve this distanc ce the setb back to the e frontage e must be rreduced.
ITEM 4.1
PAGE 11 nning Authority y Committee meeting m on 6 J uly 2015 Report to Plan
The propo osal does not n complly with the e 50m setb back for a sensitive (rresidential)) use. The e existing title was no ot registerred prior t o the planning scheme com ming into effect e and d therefore the same setback applies to b both the exxisting and proposed lots. The propo osed reside ence and any future e residence e on the proposed lo ot 2 comply with the e performan nce criteria a in that th here is little e likelihood d for conflic ct between n the two zones. z It iss doubtful tthat any ag gricultural use, other than graziing, would occur on the site. The origin nal subdivision allowed for the e future re ezoning of the adjac cent Rural Resource e land to th he west an nd has bee en designe ed in such a way as to enable e easy sub bdivision off the land sshould it be b rezoned d in the futture. This is discussed in the a pplication made by y the origina al develop per.
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PAGE 12 nning Authority y Committee meeting m on 6 J uly 2015 Report to Plan
Each prop posed lot iss for a resid dential use e and has frontage f to o a road.
Electricity reticulatio on will be in nstalled un nderground d.
COMMUNITTY ENGAGEM MENT On 01/06 6/2015, Co ouncil rece eived an a application for the above de evelopmen nt. Underr Section 57(3) of the e Land Use e Planning g and App provals Act 1993, the e Planning g Authority y must give e notice of an application for a permit. As A prescribed at Secttion 8(1) of the Land d Use Plann ning and Approva als Regula ations 2004 4, the Pla anning Au uthority fu ulfilled thiss notificatio on requirem ment by: (a)
Adve ertising the e applicatio on in The A Advocate newspape er on 03/066/2015;
(b)
Makiing a copy y of the pro oposal ava ailable in Council C Offfices from tthe 03/06/2 2015;
(c)
Notiffying adjoin ning prope erty owners rs by mail on o 02/06/20 015; and
(d)
Erectting a Site Notice for display fro om the 02//06/2015.
The period d for representations to be rece eived by Council C clo osed on 17//06/2015.
REPRESENTA ATIONS One reprresentation n was rece eived with hin the pre escribed 14 1 day pu ublic scrutiny period d required by the La and Use Pllanning an nd Approv vals Act 1993. The representtation wass submitted d by Enviroplan Au ustralia, on n behalf of the original sub bdivider, Don Riverr Developm ments Co. Pty. P Ltd. Th he represe ntation is reproduce r d below.
ITEM 4.1
PAGE 13 nning Authority y Committee meeting on 6 J uly 2015 Report to Plan
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ITEM 4.1
PAGE 15 nning Authority y Committee meeting m on 6 J uly 2015 Report to Plan
The main issue raise ed is that the t subdiv vision estab blishes lot sizes s that a are inconssistent with h the Rural Living zon ne by not meeting tthe permittted 1ha area, a nor tthe dwellin ng density y requireme ents. In ad ddition the 50m setba ack from th he rural zon ne is discusssed. The repre esentor states that it is relevan nt to consiider the objective sttatement for clause e ws: 13.4.7 whiich is that related r to subdivision n. The statement rea ads as follow The d division an nd consolid dation of esstates and d interests in n land is to o create lo ots that are e conssistent with h the purpo ose of the R Rural Living g zone. The purpo ose of the Rural Living zone, ass mentione ed previou usly, is to prrovide for residentiall use or de evelopmen nt on large lots in a rural settting where e services are limite ed and to o provide ffor compa atible use and dev velopmentt that does not ad dversely im mpact on n residentia al amenity. It is subm mitted that the propo osal is in ke eeping with h the purpose of the e zone in th hat the lotts are large (approxximately 7 times larger than th he average Generall Residentia al lot of 580 0m2 allowe ed by the sscheme), services are e limited a nd the rura al setting iss retained. wing Local Area Obje ectives are relevant to the prop posal: The follow (a)
d ent retainss a rural settting Use and developm
ITEM 4.1
PAGE 16 Report to Planning Authority Committee meeting on 6 July 2015
(b)
Rural living areas make efficient use of land and optimise available infrastructure through a balance between infill and redevelopment of established rural living areas and release of new land
(c)
The type, scale and intensity of use or development is consistent with the capacity of infrastructure services, land capability, the level of risk from exposure to natural hazards, and the protection of land significant for primary production;
(h)
The amenity and character of residential use is commensurate with the location of housing and support activity within a rural setting and is to take into account: (i)
(ii)
likely compromise as a result of factors arising from – a.
occupational and operational practices of primary industry and other use on adjacent rural land;
b.
possible absence or under-provision of transport infrastructure and utilities;
c.
possible absence of facilities for convenience retail , education, entertainment, health and social support, and for sports and recreation;
d.
likelihood for exposure to a natural hazard; and
e.
relative remoteness from an urban centre
the effect of location and configuration of buildings within a site on – a.
apparent bulk and scale of buildings and structures within the rural setting;
b.
opportunity for onsite provision of private open space and facilities for parking of vehicles;
c.
opportunity for access to daylight and sunlight;
d.
visual and acoustic privacy between adjacent dwellings; and
e.
consistency of the streetscape
The proposal complies with the above objectives as it makes efficient use of the land by providing for two houses rather than one, is consistent with the capacity of the land as there is sufficient area to allow for onsite waste water disposal and bushfire mitigation on two lots and the existing rural streetscape is retained. The Desired Future Character Statements are also relevant, especially: (b)
provide sites that are larger than suburban lots, although size is dependent on availability of utilities, land capability, and retention of a rural setting;
(f)
provide a landscape in which buildings are set well apart from buildings on adjacent sites and from the frontage road;
(g)
have very low site coverage and sufficient unbuilt area to accommodate any requirement for onsite disposal or sewage or stormwater;
The proposal is consistent with these statements as the proposed lot sizes are much larger than suburban lots and take the capability of the land into account whilst maintaining a rural setting and allowing for buildings to be set well apart and have a low site coverage. ITEM 4.1
PAGE 17 Report to Planning Authority Committee meeting on 6 July 2015
The representor also contends that approval of the proposal would not retain the rural setting of the area established by the existing lot sizes, however, the surrounding area includes a variety of lot sizes, including a number of lots smaller than those proposed (see aerial photo in Figure 2). As mentioned previously, suitably qualified people have been engaged by the applicant to determine the capability of the site in regard to the disposal of onsite wastewater and bushfire mitigation and have shown that each proposed lot is capable of dealing with the necessary requirements. In addition, stormwater reticulation is available via the creek/stormwater drain. As discussed, the 50m setback to a sensitive use applies to any proposal on the site as the title for the existing lot was not registered until after the scheme came into effect. The proposed residence is approximately 40m from the Rural Resource zone, and it is likely any future residence on lot 2 will have a similar setback. Essentially the proposed subdivision retains the status quo in regard to impacts. If a 10m setback is sufficient for a previously registered title it seems unreasonable to propose that it is insufficient for a recently approved title, especially given the noise attenuating building materials available today, such as double glazing.
DISCUSSION TasWater has assessed the proposal and indicated that they are unable to provide a water connection to the proposed lot. Tanks will be required for water storage. The creek/stormwater drain that runs through the centre of the property provides an opportune boundary for subdivision. The location of the creek means that the proposed dwelling would require the same frontage setback to provide for the requisite distance from the water course whether the existing lot remains or the subdivision is approved. Were a subdivision smaller than 1ha not permissible in the zone there would not be the ability for discretion to be used to approve smaller lots. The capacity of the land has been considered and deemed suitable for the proposal.
FINANCIAL IMPLICATIONS No financial implications are predicted unless a Planning Appeal is lodged and legal representation is required.
RISK IMPLICATIONS No risk to Council is envisaged as a result of determining this application.
CONCLUSION The proposal has been assessed by Council’s Development and Assessment Review Team and TasWater and can be approved with conditions.
ATTACHMENTS 1.
Application - PA2015.0059
RECOMMENDATION That Council, pursuant to the provisions of the Devonport Interim Planning Scheme 2013 and Section 57 of the Land Use Planning and Approvals Act 1993, approve application PA2015.0059 and grant a Permit to use and develop land identified as 16 Collins Way, Tugrah for the following purposes: ITEM 4.1
PAGE 18 Report to Planning Authority Committee meeting on 6 July 2015
2 lot subdivision and Residential (dwelling and shed) - assessment against performance criteria for location and configuration of development
Subject to the following conditions: 1.
The Use and Development is to proceed generally in accordance with the following submitted plans and documentation, copies of which are attached and endorsed as documents forming part of this Planning Permit: a.
Project No 00066 A01, A02 & A03 dated 9.04.15, 29.05.15 and 29.05.15 respectively, by Gavin Smith of Arplan Home Designs;
b.
Bushfire Report & Bushfire Hazard Management Plan by Tammy Smith Energy, dated 21 March 2015 and 23 March 2015 respectively;
c.
S2542-01 infolet (Onsite wastewater investigation) by Donal S. Anderson – Consulting Engineer, dated 27 May, 2015
2.
Access is to be provided to lot 2 in accordance with current municipal standards. In this regard Council must be contacted prior to commencing construction of the access to arrange a suitable location and design.
3.
The developer is to submit a design report (including the site and soil evaluation in accordance with AS/NZS1547:2012) along with an application for a Special Plumbing Permit for the on-site waste water system with the Building Application.
4.
The subdivider is to provide underground power to lot 2.
5.
The subdivider is not to include any covenants within the Schedule of Easements that by their intended purpose are inconsistent with the relevant zone and code standards of the Devonport Interim Planning Scheme 2013.
6.
The subdivider must comply with the conditions contained in the ‘Submission to Planning Authority Notice’ which the regulated Entity (trading as TasWater) has required the Planning Authority to include in the planning permit, pursuant to section 56P(1) of the Water and Sewerage Industry Act 2008.
Note: The following is provided for information purposes.
THIS IS NOT A BUILDING PERMIT. You need to provide a copy of this planning permit to a registered Tasmanian Building Surveyor. WORK CANNOT COMMENCE UNTIL BUILDING AND PLUMBING PERMITS ARE ISSUED.
During the construction or use of these facilities all measures are be taken to prevent nuisance. Air, noise and water pollution matters are subject to provisions of the Building Regulations or the Environmental Management and Pollution Control Act 1994. The Final Plan of Survey cannot be sealed until all conditions have been complied with, or an agreement and security bond is in place that provides for the completion of works at a later stage in the event of any default by the subdivider. Council is the street numbering authority. In regard to condition 6 the – Ph 136 992 with any enquiries.
applicant/developer
should
contact
TasWater
In regard to condition 2 the applicant should contact Council’s City Infrastructure Department – Ph 6424 0511 with any enquiries. ITEM 4.1
PAGE 19 Report to Planning Authority Committee meeting on 6 July 2015
Enquiries regarding other conditions can be directed to Council’s Development & Health Services Department – Ph 6424 0511.
Author: Position:
Carolyn Milnes Senior Town Planner
Endorsed By: Position:
ITEM 4.1
Brian May Development Manager
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Applic cation - PA2015.00 059
ITEM M 4.1
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Applic cation - PA2015.00 059
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Applic cation - PA2015.00 059
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PAGE 67 Planning Authority Committee meeting Agenda 6 July 2015
5.0
CLOSURE
There being no further business the Chairman declared the meeting closed at <insert time> pm.