Title: Essay Example

  • Category:
    Law
  • Document type:
    Assignment
  • Level:
    Undergraduate
  • Page:
    1
  • Words:
    569

COUNCIL DOCUMENT 6

NOORLUNGA CITY COUNCIL

Our reference:

Your reference:

29th August 30, 2011

Dear Sir/Madam

RE: Non-Compliance with Provisions of Section 32 of the Development Act 1993

It has been brought to our attention that you have contravened section 32 of the Development Act 1993 by undertaking development that is not an approved development, namely change of land use (the establishment of residence) on your property located at 36 Third Street, Noorlunga. Our staff inspected your premises and found a bus, shipping container, a trailer, and two caravans on the said land without prior approval from the Council. It has also been noted that you are residing within the bus, trailer and caravan on your land, and are using the other vehicles and shipping container for storage of domestic items.

To avoid penalties imposed if found guilty, we invite you to take one of the following courses of action:

  • Demonstrate that the said buildings have Council development consent;

  • Submit an application to gain development approval for the structures; or

  • Remove the said buildings from your site.

Please note that the current arrangement is an inappropriate development in association with the requirements of the Rural Zone of the Development Plan and we therefore, recommend that the items currently your land be removed and so the Council will not approve an application to approve the current arrangement.

Failure to respond to this correspondence within 28 days may result in enforcement of action under Section 84 of the Development Act against you.

Please do not hesitate to contact me should you have any queries in relation to this matter.

Yours Sincerely

Position

FILE NOTE

PROJECT NO AN00820.13

DATE 29/08/11

SUBJECT Development of Verandah, Carport and Garage Review

Applicant

Noorlunga

Impact Assessment Prepared

Main Road

Fifth Street

Secondary Street

Gilbert Street

  1. Development Manager Services Recommendations

Based on the review of the information provided by the applicant, the Development Manager with advice from the Technical Services Department, it is considered that the potential impact of the development of a verandah is significant to the road network in the area. The council can at the moment, however, only grant consent if the verandah is not included in the application. The likelihood of granting application for verandah development will only occur once the council removes Fifth Street as a road which is a possibility.

  1. Assessment of Proposed Development

The council has looked at the plan for the development of the carport and is satisfied that provisions in the development Act have been complied with. The council therefore has recommended that the application for the carport development be approved.

2.2 Garage

The development requirements for the garage are also in tandem with the Act’s provisions and it poses no potential impact on the main road. Its application can also be granted by the council

2.3 Verandah

Considering Technical Department’s concern over the nearness of the proposed verandah to the main road, the Development Manager should not approve the development. This concept contravenes the Building Codes of Australia under the Development Act.

Conclusion

The file note has considered the impact of the verandah concept to the road and based on this, it is the council’s recommendation that approval be granted only if the verandah concept is struck off the application. If not the applicant can wait till when the road is closed.

Reference

South Australian Attorney-General’s Department. (2011). South Australian Consolidated Acts. Adelaide: S.A. Government Printing Office