5020LAW: Earth Friendly Homes Pty Ltd (EFH) Case Study - Law Assignment Help

Assignment Task:

The assessment question is on the next page.

Assessment question 

Earth Friendly Homes Pty Ltd (EFH) has applied for a development approval (reconfiguring a lot and  material change of use) to convert four existing large lot, semi-rural properties into a new estate of  120 eco-friendly, retirement dwellings offering a “peaceful, living-with-nature experience” for Dirty  City’s ageing population. The site is located 65 km west of Dirty City in South East Queensland. It is  currently zoned rural residential but falls within the Urban Footprint. The site is low lying land with a  local creek flowing across it. There is a growing demand for over 50s living accommodation in Dirty  City. The developer argues this site is particularly ideal as it is well connected to the existing road  network and contains a large clump of remnant vegetation that will be retained and conserved in  keeping with the eco-friendly theme of the development.  

Dirty City’s planning scheme was made in 2018. It complies with all aspects of ShapingSEQ 2017 and  all aspects of the State Planning Policy except the SPP policies on ‘natural hazards, risk and resilience’.  Approximately half the land proposed for this development – as well as some of the road network that  leads to the site - is covered by a Flood Overlay map included in the existing planning scheme - but the  existing planning scheme does not include a Flood Overlay Code. 

The Strategic Framework (identified as a relevant assessment benchmark for this application) states: Dirty City aims to achieve the following strategic outcomes (SOs): 

SO 1 Dirty City will encourage sustainable development, the preservation of local character  and diverse lifestyle options for its residents.  

SO 2 Dirty City will foster a prosperous regional economy that supports and maintains  agricultural productivity by, for example, protecting good quality agricultural land from  unnecessary urban development. 

In Dirty City’s planning scheme, the Rural Residential Zone Code includes the following performance  outcomes (POs):  

Overall purpose: To ensure rural residential areas offer high quality amenity, rural lifestyle  and scenic values. 

Performance outcome 1: Ensure lot sizes remain viable for small scale agricultural activities. Performance outcome 2: Protect scenic and environmental values. 

Performance outcome 3: Allow some additional residential development if it is compatible  with adjacent development and easily serviced by existing infrastructure. 

In support of its application, Earth Friendly Homes Pty Ltd (EFH) argues that, although the proposed  development involves significantly smaller lot sizes than currently exists within the Rural Residential  Zone, it offers a well-designed, environmentally sensitive built form that will be consistent with the  existing lifestyle of quiet, rural residential living on large lots. All residences will be built to withstand  flooding up to and including a 1 in 70 year and 1 in 100 year flood event including a small allowance  for low level climate change impacts. 

In February 2020 Council adopted a Resolution on Promoting a Sustainable Future in which it pledged  to, “Continually strive to reduce our carbon emissions” by, among other things, “Encouraging  everyone in our community to make greater use of active and public transport options”.

Council has received a number of submissions from adjacent landowners who argue the development  is inconsistent with their small scale farming activities and incompatible with the amenity and  character of their district; will generate a significant increase in traffic and associated carbon  emissions; put native wildlife at greater risk; be inconsistent with Council’s recently adopted  Resolution on Promoting a Sustainable Future; leave new residents isolated and unsafe in a flood  emergency and increase the risk of flooding downstream. They argue unprecedented bush fires in the  region in late 2019 demonstrate the folly of encouraging more intensive development in this area. 

Last year Council commissioned a review of its flood mapping. The new mapping identifies high,  medium and low risk flood prone areas. A significant part of the development site falls within a new  medium flood prone risk area and may be subject to inundation in a 1 in 70 year rainfall event. A draft  amendment to the planning scheme incorporating the new flood information is currently out for  public consultation.  

A. You are the planning committee for Dirty City Council. Decide this application (ignoring Part B  below) in accordance with the relevant law and give reasons for your decision. 

B. If the proposed development were to go ahead which of the proposed development  conditions listed below would be considered lawful if contested by the developer in the  Planning and Environment Court?  

1. As the site is close to a local creek, the developer is to contribute $5,000 per  annum into Council’s Healthy Waterways Fund to promote landscaping and re vegetation of local creeks across the local planning scheme area.  

2. The developer is to prepare a bush fire prevention strategy for the whole of the  site and neighbouring properties within a 30 kilometre radius of the site. 

3. All dwellings are to meet a six star energy rating and be equipped with water  tanks. 

4. To show case the eco-friendly attributes of the development all communal  facilities and at least two dwellings must be designed to operate on a completely  carbon neutral basis. 

5. To maximise thermal comfort employing passive design principles, all dwellings  are to include living rooms with a northern orientation and covered outdoor living  spaces at least half the size of the main internal living room.

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