Earthworks on the property of a Wingecarribee Shire councillor may be in breach of regulations.
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The situation came to the notice of councillors after they inspected the Mt Broughton Road property of Councillor Ian Scandrett in regard to a request to amend a previously approved application for a shed.
The original development application submitted by Cr Scandrett was approved for a shed 435 square metres in size adjacent to the southern fence boundary in the front portion of the property.
The amendment requested that the size of the shed increase to 684sqm, aligned to the northern boundary line with a 10 metre setback.
The applicant seeks a variation to erect a 684 square meter shed compared to a 600 square metre maximum permitted under the Rural Lands DCP. The area is zoned as E3 Environmental Management.
The application was lodged with council on October 11, 2018, however an inspection identified some earthworks at the new proposed amended location had already been carried out on the site.
According to development standards under the State Environmental Planning Policy, the development must not be a cut or fill of more than 600mm above or below ground level prior to receipt of a development certificate.
The amended proposal has not yet been approved and council moved to refer the matter to a neighbouring council for a peer review.
The situation has frustrated neighbouring resident Robert Uliana, who has existing approval to build a residence for his family in the vicinity.
He said the "visual" aspect and the size of the shed were among his concerns about the new proposed location yet to be approved by council.
"The icing on the cake was not only did we not have knowledge of the original approval but now it’s off our boundary," he said.
"The visual is our main concern and we want to be amicable to our neighbours, it’s just this shed is something we can’t deal with and we have to bring it to the attention of the council."
Councillor Scandrett said the peer review was unnecessary, a delay for him and his wife, "at massive ratepayers' expense, and people are saying it is all a witch-hunt".
"The staff had inspected the site and recommended approval of the increase in size of the approved shed from 29x15m to 38x18m," Cr Scandrett said.
"The increase in size is due to the drought and our need for hay storage. In all our years here, we have not had to buy feed, but now have to.
"My wife and I had commenced laying out part of the approved shed and curtilage. No construction has taken place although we have an approved and commenced DA and could do so for that."
Mayor Duncan Gair said the development application was close to council, and suggested it be peer-reviewed by a separate council.
"I think two issues have been raised. One, does the shed comply? Two, has illegal earthworks been undertaken before DA conditions were issued?" Mayor Gair said.
"Subject to [the application] being peer reviewed, the council accepts the recommendation of that peer review."
In the February 13 minutes, a motion was also passed that a report be brought back to council to determine "whether earthworks already undertaken are compliant with relevant planning instruments and subject to the findings in that report council consider what action, if any, they take".
The application was recommended for approval by council staff, subject to conditions of consent.