19D.3 Restricted Discretionary Activity Rules

Updated 14 December 2018

The following are Restricted Discretionary Activities:

1. Any Permitted Activity that does not comply with:
   1. Rule 19D.1.3 – Overshadowing;
   2. Rule 19D.1.4 – Setbacks;
   3. Rule 19D.1.6 – Traffic Management, Safety and Convenience;
   4. Rule 19D.1.7 – Amenity;
2. Any activity described as a Controlled Activity that does not comply with a Controlled Activity standard and term, except for:
   1. Rule 19D.1.1 a) – Development Intensity and Scale, which is a Discretionary Activity;
   2. Rule 19D.1.1 b) – Development Intensity and Scale, which is a Prohibited Activity;
   3. Rule 19D.1.2 – Building Height, which is a Discretionary Activity;
3. Activities listed as Restricted Discretionary in Table 19D.1: Education Centre Zones (Rudolf Steiner School) Activity Status.

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

The Council restricts the exercise of its discretion to:

19D.3.1.1 Overshadowing

In considering activities that do not comply with the Rule 19D.1.3 - Overshadowing the Council restricts the exercise of its discretion to the extent to which the proposal would overshadow other sites resulting in reduced daylight.

19D.3.1.2 Setbacks

In considering activities that do not comply with the Rule 19D.1.4 - 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.

19D.3.1.3 Traffic Management, Safety and Convenience

In considering activities that do not comply with Rule 19D.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 education centre activities;
4. 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.

19D.3.1.4 Amenity

In considering activities that do not comply with Rule 19D.1.7 - Amenity the Council restricts the exercise of its discretion to:

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

19D.3.1.5 Activities Described as a Restricted Discretionary Activity in Rule 19D.3 b) – Restricted Discretionary Activity Rules

In considering activities identified as Restricted Discretionary in Rule 19D.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 standards and terms in Rule 19D.2.1 – Controlled Activities – Standards and Terms;
2. Matters over which the Council has reserved control in Rule 19D.2.2 - Controlled Activities - Matters of Control and Conditions.

Definitions in this section

activity/activities

building

construction

council

setback

site