Following compliance investigations at 300 Bakers Road, Dunbible Tweed Shire Council (TSC) staff have recommended approval of stages one and two, but not stage three of the development application (DA).
The DA seeks to gain approval for the existing farm building constructed without prior consent in stage one; then to turn it into a residential dwelling in stage three. This will be attached to the extra dwelling proposed to be constructed in stage two of the DA.
Council staff have stated that the proposed stage three ‘attached dual occupancy’ (the currently illegally built farm building that seeks approval in stage one) should not be approved as a residential dwelling as it is not consistent with the definition of an attached dual occupancy for RU2.
However, they do note that whilst detached dual occupancy is currently prohibited, it may be capable of approval in the future, under separate DA, if and when the TSC local environment plan (LEP) is amended. Consideration of amending the LEP was put forward at the 3 April Planning Committee Meeting of TSC to be considered as part of the Growth Management Housing Strategy that would potentially allow dual occupancy (detached) on lots above 40ha in size.
Unauthorised dwellings
‘The site is currently improved by various farm structures which have undergone reconstruction and alteration over several years. The application has not addressed the planning pathway that authorised these additional structures. This will be subject to further compliance investigation to determine if further approvals are required,’ state TSC staff.
Six (6) objections were received, raising the following concerns: Visual Intrusion; Light Pollution; Protection of flora and fauna – Impact on White-bellied Sea Eagles (Haliaeetus leucogaster); Impact on rural amenity / character including the impact on availability of agricultural land within Tweed Shire Council due to decreased lot size.; Unlawful tree removal; Opportunity for additional dwellings; Impacts to adjoining farming land and agricultural uses; Traffic impacts on Bakers Road; Number of sheds/hard structures constructed without approval.
However, TSC staff state that the matters raised in the objections ‘do not warrant refusal of the application’.
The DA has been called up to be determined by councillors by Mayor Chris Cherry and Deputy Mayor Meredith Dennis at the next TSC meeting on Thursday, 17 July at the Council Chambers, Murwillumbah Administration Office.
You can watch the TSC meeting livestreamed at https://www.tweed.nsw.gov.au/council/councillors-meetings/council-meetings.
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