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austlii:tas/TASRMPAT/1996/255
appellant. Appeal allowed; permit varied by substituting Condition 3 with new condition requiring proposed house access in appropriate place conforming to sight distances prescribed by Meander Valley S.46...
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A couple wanted to build a house on their property near Deloraine, Tasmania. The local council approved their planning permit but required them to close their existing farm entrance and build a new expensive entrance (costing over $30,000) to serve both the farm and new house. The couple appealed, arguing this was unreasonable. The Department of Transport gave evidence that while the existing entrance wasn't perfect, it was safe enough to keep using as long as the new house entrance was properly located. The Tribunal agreed the original condition was unreasonable because it imposed major costs when a cheaper alternative achieved the same safety goal. The parties agreed to a new condition allowing the existing farm entrance to stay open.
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Lake Highway, Deloraine - New Access - Closure of Old Access
This was an appeal against Council's imposition of a condition upon a planning permit for a house.
The appeal was heard on the 30th of October at Deloraine.
Ms J Van Rooye and Mr K Whelan appeared on behalf of the appellants.
Ms G Skeggs appeared for the Department of Transport.
Council granted a planning permit for a relocatable house, off the Lake Highway near Deloraine. Condition 3 of the permit required a new entrance, to serve both the existing dairy and the proposed house, be opened, and that the existing entrance to the dairy be closed. The applicants appealed, on the grounds that the condition was unreasonable.
Evidence was given at the hearing, by a representative of the Department of Transport, that the existing access to the dairy did not have adequate sight distance along the Lake Highway, according to the Austroads standards used by the Department. An alternative new access would however have satisfactory access, in the Department's representative's opinion.
The appellants gave evidence that the cost of roadworks arising from the proposed closure, would be somewhere in excess of $30,000.00. This figure was not challenged by the Department, and was supported by Council. The Tribunal finds according to all of the above evidence. The representative of the Department of Transport gave evidence that while the existing dairy access was not ideal in terms of sight distances, the Department would regard it as satisfactory to retain that entrance for the dairy, so long as the proposed new house entrance was satisfactorily sited. All parties agreed with this formulation, and consented to the substitution of the existing 3 with a new condition.
By consent of the parties, the Tribunal therefore determined that the appeal should succeed and the permit granted by Council and appealed against be varied by substituting for the existing Clause 3 the following:
"3. That the proposed access to the house in an appropriate place and conforming to the sight distances prescribed by the Schedule 1 to Part 3 of the Meander Valley S.46 Planning Scheme of 1985, be installed to the satisfaction of the Department of Transport. It will be necessary for the developer to obtain a permit from the Department for any works that need to be undertaken within the State Road Reservation. (Reason: in the interest of traffic safety)."
Further by consent of the parties, it was ordered that each party pay their own costs.
NA & JL Van Rooye
Meander Valley Council [1996] TASRMPAT 255
Appeal allowed; permit varied by substituting Condition 3 with new condition requiring proposed house access in appropriate place conforming to sight distances prescribed by Meander Valley S.46 Planning Scheme of 1985, to satisfaction of Department of Transport; each party to pay own costs