NEARLY 20 objections didn’t stop the approval of a contentious development application but councillors say their hands were tied by new state government housing codes.
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A majority of councillors backed the proposal which will see the subdivision of a Bolwarra Heights’ block and a dual occupancy built at its meeting on Tuesday.
The Lagoon Avenue proposal received 19 objections from a dozen households with neighbours citing numerous concerns including parking, traffic, infrastructure and pedestrian safety.
Neighbour Valerie Havrilka said the residents held concerns because there had already been similar developments approved for the area.
“It is a very very small street ending in a cul-de-sac,” she said.
“How are the garbage trucks going to get down the street? Or worse how will the emergency vehicles go to access this area? Safety is of primary concern.”
But Cr Ben Whiting said the new state government housing codes had forced the council’s hand.
“There’s clearly been a lot of opposition to this development,” he said.
“Unfortunately, this is a complying development … and with the new low-rise medium density housing code, I find it very difficult to vote any other way – given that other subdivisions such as this … will be approved without coming to council and will simply be certified.
“It needs to be judged compared to other developments, and it’s the only fair thing to do.”
Under the new code, one and two-storey dual occupancies such as manor houses and terraces, can be carried out under a fast track complying development approval by private certifiers without council input.
The new code came into effect in July.
Cr Robert Aitchison said he sympathised with the neighbours’ concerns but the development application met council requirements.
“The problem is our hands are tied. This is legislation …. it is our job as councillors to interpret what is before us,” he said. “It [the development application] complies in all areas.
“I do have shared concerns with the traffic, and I would hope if traffic becomes an issue, such as the speed of traffic, that traffic control and police will monitor the area.”
The application was not required to be notified or advertised under Council’s Development Control Plan 2011 but brought before the council because of the number of objections.
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