20A.4 Controlled Activity Rules

Updated 14 December 2018

The following are Controlled Activities:

1. Any Permitted Activity that does not comply with:
   1. Rule 20A.3.8.4 c) – Noise Monitoring
2. Any activity identified as a Controlled Activity in Table 20A.1: Activity Status for Activities occurring within the Special Use Zone - Baypark.

20A.4.1 Controlled Activities – Standards and Terms

Note: Any activity described as a Controlled Activity that does not comply with a Controlled Activity standard and term shall be considered a Restricted Discretionary Activity.

Controlled Activities shall comply with the following standards and terms:

1. Any activity described as a Controlled Activity in Rule 20A.4 – Controlled Activity Rules shall meet the Permitted Activity Rules outlined in Rule 20A.3 – Permitted Activity Rules, except for Rule 20A.3.8.4 c) – Noise Monitoring which shall be assessed in accordance with Rule 20A.4.1 c) – Controlled Activities– Standards and Terms;
2. A site development and landscape plan shall be submitted with each application in accordance with Appendix 20A: Special Use Zone – Baypark Outline Development Plan. The site development and landscape plan shall indicate the design, location and type of proposed buildings and on-site landscaping and tree planting to be provided and maintained. The site development and landscape plan shall have regard to the following design principles:
   1. The visual mitigation of the bulk and location of the buildings on the site as viewed from the surrounding area;
   2. The use of tree species of a scale (at maturity) similar to the scale of buildings proposed within the relevant sub-zone (including a mix of indigenous and exotic species in accordance with Appendix 20A: Special Use Zone – Baypark Outline Development Plan and Appendix 20B: Landscape Planting Specification).
3. For any activity that does not comply with Rule 20A.3.8.4 c) – Noise Monitoring a Noise Assessment shall be submitted to demonstrate how any new proposed location of the noise monitoring device (microphone) identifies compliance with Rule 20A.3.8.3 – Noise;
4. A Noise Assessment shall be submitted with each application to demonstrate how the activity will comply with Rule 4E.2.8 – Special Use Zone – Baypark;
5. A Traffic Management Plan (which shall include, but is not limited to, the provisions of a wide area assessment in accordance with Appendix 4K: Integrated Transportation Assessment Information Requirements) shall be submitted to demonstrate how the proposed layout of access and parking at Baypark will comply with Rule 20A.3.6 - Traffic Management, Safety and Convenience.

20A.4.2 Controlled Activities - Matters of Control and Conditions

The Council reserves control over the following matters:

1. The degree to which the design, location and type of proposed on-site landscaping and tree planting achieves the requirements of Rule 20A.3.2 - Landscaping;
2. The recommendations of any integrated transport assessment;
3. The provision of on-site parking, manoeuvring, loading and access to ensure the development does not exceed Baypark’s overall capacity for on-site parking and access or the road network capability in the locality;
4. The effects of the activity, in relation to the sensitivity of the receiving environment and the effects noise will have on potential receivers;
5. The location of the noise monitoring device (microphone) and the consideration of any change to meeting compliance with Rule 20A.3.8.3 – Noise shall create no greater effect on the receiving environment than that already anticipated under the existing limits, and does not introduce any uncertainty into the measuring process.

Definitions in this section

activity/activities

building

council

environment

indigenous

integrated transport assessment

site