A Forster family who submitted a development application (DA) to modify already approved renovation plans to their Sunset Avenue home will have to wait a little longer to learn if council gives consent to the request.
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The proposal included a request to vary the floor space.
However, during a site inspection of the property council staff found that a number of unauthorised work had already been undertaken.
These included the construction of a 1.8 metre high timber fence and two carports, while the garage had been converted into a bedroom.
The inspection also revealed the alterations and additions proposed on the modified plans had already been undertaken and that the modification was aimed at seeking consent for the already constructed works, MidCoast Council building assessments co-ordinator, .David Underwood reported to councillors attending the December monthly ordinary meeting.
"Following several meetings with the applicant and the owner (as recently as August 31) it has been agreed to proceed with the assessment of the modification," Mr Underwood said.
"The unauthorised works located within the front setback area will however be required to be assessed under a separate development application.
"This allows the modification, which has been held up for an extended period due to the unauthorised works, to be determined.
"The owner's planning consultant is currently liaising with council staff in relation to a further DA."
Despite a recommendation from professional staff to approve the changes, councillors voted to defer the matter to a later date and asked for the preparation of a report regarding the outcome of any compliance action, the modification application, and any other DA pertaining to unlawful works on the site.
"It is not unreasonable to defer this until all matters pertaining to this property can be considered and addressed together," Kathryn Bell said.
"I believe this would be a more holistic way of going about it than ad hoc and piecemeal," Cr Bell said.
"Operational matters can be addressed, such as compliance, in conjunction with any other DA coming in or while they come in as opposed to the parallel and will have time to be sorted out."
Peter Epov was one of three councillors who was opposed to the deferral.
"This is a complicated issue to some degree, but I don't agree to deferring it or pushing it down the track," Cr Epov said.
Despite objections from the mayor, Claire Pontin, Cr Epov described the unauthorised work as both deliberate and unlawful.
"Let's be very blunt and direct here, this was deliberate, unlawful.
"We have a responsibility to ensure that the community understands that we will not tolerate unlawful developments."
Jeanene Duncan
Jeanene has more than 40 years experience as a regional and rural journalist starting at The Land Newspaper. She also worked for Stock Journal Newspaper (SA), McPherson, Fairfax newspapers and Rural Press, and contributed to various magazines.
Jeanene has more than 40 years experience as a regional and rural journalist starting at The Land Newspaper. She also worked for Stock Journal Newspaper (SA), McPherson, Fairfax newspapers and Rural Press, and contributed to various magazines.
