CCC - Questions Without Notice - Draft LEP etc.

Date: 16-Mar-08
Author: CCC Minutes
Organisation: Progress
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Excerpt from Minutes of the ordinary meeting of the Cessnock City Council on 5 March 2008 (see link below)  

CORPORATE & REGULATORY SERVICES COMMITTEE

QUESTIONS WITHOUT NOTICE

Councillor Besoff

DRAFT LEP

Question:

Councillor Besoff advised he had received complaints regarding the new LEP and the potential loss of existing landholder rights and the financial hardships that will cause ratepayers. What steps are being taken to protect our residents rights. The majority of Councillors want those existing land rights maintained.

Answer:

The Mayor advised a Mayoral Minute will be prepared for the Council Meeting of 19 March 2008 on this matter.

Councillor Ryan

DEVELOPMENT APPLICATION LODGEMENT

Question:

Councillor Ryan advised he had people telling him that they had been advised it would cost them $7,000 to $20,000 to lodge a DA. He believed in some unusual situations it could cost a lot of money to engage consultants but didn't think that was the normal situation and wondered if Council could produce a letter or fact sheet giving a range of options.

Answer:

The Acting Director Corporate & Regulatory Services advised the DAPs are prescribed so anyone looking to lodge a development application would look at the value of that application and see what the cost would be to lodge the application with Council. Trying to set a guide to give people an indication as to what consultant fees may be in relation to various applications would be an impossible task because it would vary so much from site by site and as to their requirements; there are variations in consultant fees as well. We can only provide what is already provided on Council's website as a fees guide.

Councillor Ryan

EXISTING DWELLING ENTITLEMENT

Question:

Councillor Ryan advised another concern is the number of people affected with an existing dwelling entitlement and it ranges in Council documents from 109 to 190 to other people estimating there are 300. Can Council try and pin that down or do we have enough resources to try and establish that.

Answer:

The General Manager advised it would be revised.

Councillor Ryan

DEVELOPMENT APPROVAL

Question:

Councill Ryan advised he has a number of people asking me what to do in the case where an existing dwelling has been built and occupied but doesn't have current DA approval.

What would Council staff advise, perhaps in the form of a factsheet.

Answer:

The Acting Director Corporate & Regulatory Services advised he is currently preparing a factsheet. A retrospective construction certificate cannot be issued; a retrospective development application approval can be sought. My advise would be for them to lodge a development application with Council and come in and meet with Council staff to map out the best way to proceed.

From the Minutes of the Ordinary Meeting of the Cessnock City Council held on 5 March 2008 (PDF)

Comments (1)

Posted: 28-Mar-08 15:06 by Charlie Kessler Permalink

Will a retrospective development application ensure that a dwelling will receive approval........ or that it could be deemed illegal and ordered to be de- constructed; then under new legislation no new approval will be granted to land UNDER 40ha for a replacement dwelling?

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