19C.3 Restricted Discretionary Activity Rules

Updated 9 September 2013

The following are Restricted Discretionary Activities:

1. Any Permitted Activity that fails to comply with:
   1. Rule 19C.1.2 – Overshadowing;
   2. Rule 19C.1.3 – Setbacks;
   3. Rule 19C.1.4 – Streetscape;
2. Any activity described as a Controlled Activity that does not comply with a Controlled Activity standard and term, except for:
   1. Rule 19C.1.1 – Building Height, which is a Discretionary Activity;
3. Any activity listed as Restricted Discretionary in Table 19C.1: Education Centre Zones (Faith Bible College) Activity Status.

19C.3.1 Restricted Discretionary Activities - Matters of Discretion and Conditions

The Council restricts the exercise of its discretion to:

19C.3.1.1 Overshadowing

In considering activities that do not comply with the Rule 19C.1.2 - Overshadowing the Council restricts the exercise of its discretion to the extent to which the proposal would overshadow other sites resulting in reduced daylight.

19C.3.1.2 Setbacks

In considering activities that do not comply with the Rule 19C.1.3 - Setbacks the Council restricts the
exercise of its discretion to:

1. The extent to which the proposal would adversely impact on the visual and aural privacy of occupants in adjoining sites;
2. The extent to which the proposal would reduce the ability to maintain access for maintenance, including for buildings on adjoining sites;
3. The extent to which the proposal would address potential adverse impacts through design measures including, but not restricted to, step in breaks in façades, and minimisation of the length of encroachment into the setback.

19C.3.1.3 Streetscape

In considering activities that do not comply with Rule 19C.1.4 – Streetscape, the Council restricts the exercise of its discretion to:

1. The extent to which the proposal would adversely impact on the maintenance of a consistent setback from the street and result in the reduction of the visual amenity of the existing and anticipated streetscape pattern when viewed from the street and from adjoining sites;
2. The extent to which the proposal addresses potential adverse impacts through on-site design measures or contribution to the maintenance of amenity at the public-private interface.

19C.3.1.4 Traffic Management, Safety and Convenience

In considering activities that do not comply with Rule 19C.1.6 - Traffic Management, Safety and Convenience the Council restricts the exercise of its discretion to:

1. Sight distances appropriate to the operating speed of Welcome Bay Road;
2. The provision for turning traffic;
3. On-road traffic management to accommodate traffic generated by the activity;
4. The differentiation between carriageway construction and driveway construction to clearly indicate demarcation between public and private roads;
5. The provision of on-site car-parking, manoeuvring, loading and access.

19C.3.1.5 Activities Identified as Restricted Discretionary in Table 19C.1

In considering activities identified as Restricted Discretionary in Table 19C.1: Education Centre Zones (Faith Bible College) Activity Status the Council restricts the exercise of its discretion to:

1. Any actual or potential effects on the surrounding landscape character and the pattern of subdivision including density and land use;
2. Traffic generation, access and on-site parking;
3. The capacity of existing infrastructure and services to accommodate new activities.

19C.3.1.6 Activities Described as a Restricted Discretionary Activity in Rule 19C.3 b) – Restricted Discretionary Activity Rules

In considering activities identified as Restricted Discretionary in Rule 19C.3 b) - Restricted Discretionary Activity Rules the Council restricts the exercise of its discretion to:

1. The extent to which the activity complies with the Controlled Activity standards and terms in Rule 19C.2.1 – Controlled Activities – Standards and Terms;
2. Matters over which the Council has reserved control in Rule 19C.2.2 - Controlled Activities - Matters of Control and Conditions.