10A.10  Restricted Discretionary Activity Rules

Updated 11 September 2018

The following are Restricted Discretionary Activities:

1. Any Permitted Activity that does not comply with:
   1. Rule 10A.5.3 – Overshadowing;
   2. Rule 10A.5.4 – Setbacks;
   3. Rule 10A.5.5 – Streetscape;
   4. Rule 10A.5.7 – Outdoor Storage Areas;
   5. Rule 10A.5.9 – Establishment, Maintenance or Demolition of a Network Utility;
   6. Rule 10A.6.1 a) and b) - Minor Upgrading of Above-Ground Electric Lines and Support Structures, where the activity proposes to increase the tower base footprint by more than 15%, but less than 20% and/or relocate the existing tower base footprint in accordance with the tower relocation envelope for Controlled Activities in accordance with Appendix 10A: Tower Relocation Envelope for Controlled Activities.
   7. Rule 10A.6.1 c) Upgrading of Above-Ground Electric Lines and Support Structures where the pole structure is not located adjacent to the existing footing.
2. Any activity that does not comply with Rule 10A.9.1 – Controlled Activities – Standards and Terms;
3. Any activity listed as Restricted Discretionary in Table 10A.1: Activity Status for Network Utilities.

10A.10.1 Restricted Discretionary Activity – Standards and Terms

Note: Any activity that does not comply with a Restricted Discretionary Activity Standards and Terms shall be considered a Discretionary Activity. 

10A.10.1.1 Renewable Energy Generation, Research Scale Investigation and Assessment

1. The activity shall meet the Permitted Activity Rules, where relevant;
2. A site development plan shall be submitted with every application indicating the design, location and type of buildings and structures proposed;
3. The footprint of all buildings or structures shall be no greater than 50m²;
4. The activity shall not exceed a period of six months within any calendar year.

10A.10.2 Restricted Discretionary Activity – Matters of Discretion and Conditions 

The Council shall restrict the exercise of its discretion to:

1. The extent to which the building or structure will adversely impact on landscape character;
2. Whether the proposed siting, landscape design, screening and site layout will internalise or mitigate the effects of any building or structure to the site as far as practicable;
3. Whether the heritage values of any registered buildings or places would be adversely affected;
4. The degree of adverse effects on amenity values, including noise, vibration, odour dust, air emissions, earthworks and lighting;
5. The degree of adverse effects on streetscape;
6. Rehabilitation of the site following any construction or future maintenance period; 
7. In addition to Rule 10A.10.2 a) – f) – Restricted Discretionary Activity – Matters of Discretion and Conditions, for any building; structure or earthworks that is proposed within Open Space Zones, the following shall apply:
   1. Whether the location is consistent with the objectives and policies of the relevant Open Space Zone;
   2. The anticipated impact on amenity, including natural and recreational amenity;
   3. Any potential interference with public use and enjoyment of the land.
8. In addition to Rule 10A.10.2 a) – f) – Restricted Discretionary Activity – Matters of Discretion and Conditions, for any water supply reservoir, small and community-scale distributed renewable energy generation or Temporary Diesel-Fuelled Generation Activity, the following shall apply:
   1. Screening, earth mounding and/or planting to mitigate the bulk and scale of the activity on the surrounding landscape character;
   2. Colour treatment to reduce the visual dominance.
9. In addition to Rule 10A.10.2 a) – f) – Restricted Discretionary Activity – Matters of Discretion and Conditions, for new stormwater reserves, the following shall apply:
   1. Compliance with Appendix 12B: Performance Standards, Stormwater.