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Planning Proposal has been approved
The decisive moment of our 2 year campaign to allow extra
dwellings on Intentional Communities arrived on 8 September when Council unanimously
resolved to approve Planning Proposal 26.2022.1.1 to permit secondary dwellings and dual occupancies with development consents within rural Multiple Occupancy and Community Titles. Council staff recommendations: Read Here During the exhibition period of the Planning Proposal 144 submissions were received. 133 of support, 8 objections and 3 pointing out various issues. This is an exceptional result demonstrating overwhelming public support. Thank you to all of you who wrote submissions. Once again, we see the weight of submissions translating into action. Submissions report: Link Here Combined submissions: Link Here Amendments to DCP Council staff will now prepare amendments to the DCP to reflect the permissibility of SD or Dual Occs and also to deal with the details of implementing the plan. That’s where conditions like updating the Vegetation Management Plan (VMP) for all communities to specify a number of tree plantings per each new development will be decided. The amendments will go on public exhibition that will once more invite submissions. Concerns raised by Councillors The discussion in Council’s meeting raised the main concern shared by all: How to ensure that second dwellings will not turn into unhosted Short Term Rental Accommodation (STRA). We offered, as we have done all along, to insert the prohibition on unhosted STRA into the by-laws of our Neighbourhood Management Statements (NMS) and by that adding another layer of assurance, using our self-governing bodies to help with compliance. This is not water tight, we admit, but better than Council’s inherent inability to police compliance shire wide with only a restricting consent condition. Our genuine intentions were received by Councillors in good faith and a clause was added to the approval of the PP expressing our preparedness to accept whatever mechanism the investigation on control of STRA, still in course, comes up with. What’s in the Planning Proposal? The Planning Proposal, now approved, will amend the 2014 LEP and become law. This should be finalised by the end of November. Community Titles At that point every rural CT who wishes to do so will be able to apply for a modification of the existing statutory consent condition restricting them to one dwelling per lot, which will become redundant by the LEP amendment. An amendment of the community NMS will also be required to remove the same control, this amendment will need to be supported by all members of each community and then signed off by Council for re-registration. Then, every lot will be entitled to submit an individual DA for a second dwelling (up to 70sqm) or dual occupancy, that will be assessed on merit like every other DA. Multiple Occupancies MOs will be able to apply for only one second dwelling or dual occupancy per entire MO because according to staff’s legal advice supported the DPE an MO is one undivided lot, therefore only one extra dwelling will be permissible on that lot. Changes to MOs’ statutory documents depend on the type of their foundation documents. Planning Proposal: Link Here What to do? Even though not perfect, the Planning Proposal presents a great achievement; a fundamental change in attitude and a unique opportunity to provide equitable housing in the short term in the shire. Community Titles need to start an internal discussion; contemplate their situation, conditions on the ground and wishes and decide whether they want to take up this opportunity for second dwellings now, in the future or perhaps never. Multiple Occupancies need to think if they wish to take up the opportunity to build one more dwelling that may serve in some way the entire community. Otherwise, leave things as they are. Another pathway reiterated by Council staff is a conversion to CT, but this is a whole other conversation. We intend to enter into discussions with Council staff, if need be with the help of Councillors, in order to devise a streamlined, cost effective process to implement the planning proposal. We shall update when amendments to DCP are published and the processes outlined above progress. We welcome any feedback or questions. Upper Wilsons Creek 2 MO shares for sale An opportunity to buy shares in an established MO. A couple of shares with cabins at Samasati community, Upper Wilson Creek are offered for sale, please share these links with anyone you think might be interested. View Property 1 View Property 2
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