City of Launceston councillors have bemoaned having their "hands tied" to do anything other than green-light a new two-storey house that could impact the privacy of its neighbours.
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All but mayor Danny Gibson voted to delay a development application for a new build at 10 St Georges Square.
This delay was despite advice from chief executive Michael Stretton, who said the proposal met all development guidelines, while the original planning recommendation was to approved the DA under conditions, and an amended plan to reduce the southern and northern roof profiles.
Neighbours opposing the proposal raised issues of privacy, including one person who's backyard would be in total view of the proposed build.
Councillors Matthew Garwood, Susie Cai, Alex Britton and Tim Walker were vocal in their concerns how they, as a council, could do nothing but approve an application despite its impact.
The key concern was privacy and amenity and how those could not be argued as a part of planning.
Cr Walker said, "The only way to send a message is to not approve and fight in TASCAT."
He said the planning scheme was a living document open to interpretation.
"This will happen time and time again in this town," Cr Walker said.
"It has to be short circuited."
There was a back-and-forth discussion between councillors and development planning staff about what, if any, measures could be taken by council.
One planner said conditions could not be put on a permit if a plan meets an acceptable solution under the planning scheme.
Launceston council is now bound to a state planning scheme.
Cr Cai asked if a mediation could be undertaken, but was told there was no mediation process.
It was proposed by councillors a note to be added to the application, but city development manager Richard Jamieson said it would not be binding.
The note "strongly urged" suitable screening to be put in place, which would help ensure some privacy for neighbours.
However, while this was supported, a motion was put forward by Cr Britton to delay the DA for two weeks.
This was done in the hope of talking with the developers in relation to screens.
Mr Stretton said professional advice would stay the same even if councillors supported the delay.
"The legality of being able to require the screening doesn't change," he said.
"The set of circumstances provided with at this council meeting will stay the same."
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