28-32 The Avenue, 8-32 Glebe Street, New Norfolk - 15 Lot Plus Balance Subdivision - Consent Decision

This was an appeal against a conditional permit for a subdivision at 28-32 The Avenue, 8-32 Glebe Street, New Norfolk.

A conference was held between the parties at Hobart on 22 January, 2002.

1. As a result of a conference pursuant to Section 17 of the Resource Management and Planning Appeal Tribunal Act 1993 held on 22 January 2002 at Hobart, agreement was reached between the parties as to the terms of a decision of the Appeal Tribunal and the terms of that agreement were reduced to writing and were signed by the parties and given to the Appeal Tribunal.

2. The Appeal Tribunal being satisfied that a decision in the terms as agreed by the parties would be within the powers of the Appeal Tribunal and would be an appropriate decision makes a decision accordingly without holding a hearing.

3. The decision of the Appeal Tribunal is that the decision of the Derwent Valley Council appealed against is varied in that Condition No. 7 is deleted and the following substituted in its place:

"(7) A suitable location for the connection to the sewerage system is available from the existing Council main some 160 metres along The Avenue from the low point of the balance land. A building envelope restricting construction of habitable buildings to the areas higher in elevation than the sewer connection can be created in accordance with the accompanying plan that being Drawing -. Lark & Creese, dated 9 November 2001".

4. It is directed that the Derwent Valley Council issue a replacement permit incorporating the above amendments.

5. The Tribunal by consent orders that each party bear their own costs of this appeal.