First, this image rocked in from the McMurtrie family, whose beautiful vineyard borders the proposed Hut Block resort development on Richard Hamilton's Leconfield Hut Block vineyard in McLaren Vale.
Coincidentally, in response to my query, this explanatory note kindly came at the same time from the Onkaparinga Council:
"Council initially notified development application 145/2797/2017 as an ‘integrated development’, which we considered to be a merit form of development (that is, neither complying nor non-complying under the Development Plan).
"This assessment of the classification was done after consultation with Council’s specialist planning lawyers.
"Following the initial notification period we subsequently sought ancillary legal advice which provided a better context that the application is more suited towards a non-complying form of development, as it includes ‘tourist accommodation’ (which is prescribed in the primary production zone non-complying list).
"The application will therefore undergo a second round of category 3 public notification, this time as a non-complying proposal.
"In either notification period (being the initial or this proposed subsequent process), representations could be made by anybody during the public notification period, and also request to be heard by the Council Assessment Panel (CAP). Importantly representations made under the initial category 3 public notification process will need to resubmit under the second round of category 3 public notification in order to be formally considered as part of the assessment process. The primary difference between a merit and non-complying application is that the applicant for a non-complying proposal has no appeal rights against a decision to refuse an application, whereas the applicant for a merit proposal does have appeal rights against any decision made by the CAP. Representors have appeal rights against any decision in either scenario.
"Should the CAP decide to approve the non-complying application, concurrence (agreement) is still required from the State Commission Assessment Panel (SCAP), before the applicant can be satisfied they have secured planning approval.
"As noted above however, representors have appeal rights should the SCAP provide concurrence. Appeal rights are available to the Environment, Resources and Development Court.
"We are currently awaiting further information from the applicant before proceeding to undertake category 3 public notification again. The application will be heard before the CAP at a date yet to be scheduled.
"Comments can be attributed to Alison Hancock, Director Corporate and City Services."
1 comment:
...are you asleep yet?
Yes Minister!
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