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SUPERSEDED - Minor Change Report 51983 3225 19 · 51983.3225.19
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APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Senior Development Planner, Tara Norley
Development Assessment
APPLICATION DETAILS
Application No. 51983.3225.19
Development Approval Town Planning Consent 1632 – Units, shops and restaurant
Applicant Ms Alison Louise Payne
Request Received On 21 September 2023
Report Reviewed By Patrick Murphy
30.08.2024
PROPERTY DETAILS
Property Address The Hastings
22/30 Hastings St Noosa Heads
RP Description Lot 22 GTP 1154
Land Area Lot 22 – 104m2
Whole site – 4931m2
Existing Use of Land Short Term Accommodation & Retail Uses
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Precinct Hastings Street Mixed Use Precinct
Local Area Plan Noosa Heads
Overlays Acid sulfate soils
Flood hazard
Assessment Type Minor change to Development Approval
1. PROPOSAL
This application seeks approval to change an existing development approval for The Hastings to
permit the demolition and construction of a new unit on lot 22. The proposed changes include
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adding an additional storey, deck to level 3 and roof terrace and increasing the gross floor area of
the unit by 110m2. The proposed unit will comprise:
• Ground level – parking for 2 vehicles, entry foyer, lift, store and laundry.
• Level 2 – 2 bedrooms and 2 bathrooms
• Level 3 – 2 bedrooms and 2 bathrooms
• Level 4 – kitchen and living and deck
• Roof terrace and BBQ area
The locality and proposal plans are included below.
Figure 1 – Locality
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Figure 2 – Floor Plan
Figure 3 – Northern & Eastern Elevations
Figure 4 – Southern & Western Elevations
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2. BACKGROUND
App No. Details
51983.3225 The existing development was originally approved by Council in October
1983 (TPC1632 – 25 Bungalow Style 2 bedroom Units & 8 Shops – Group
Title). A restaurant was subsequently approved on the site in December 2000
(18478DA) along the Hastings Street frontage. The units are used for short
term accommodation, rather than for permanent occupation.
51983.3225 A change to the development approval to enclose the manager’s residence
car space into an office was approved June 2006.
51983.3225 In June 2011, plans to enclose 8m² of the lower level of unit 7 were
considered ’generally in accordance’ with the existing approval.
51983.3225.03 On 11 November 2014, Council approved to enclose an additional 5.75m² of
gross floor area of the ground floor of unit 22.
51983.3225.04 On 12 October 2015, Council approved a change to an existing approval to
enclose the carport of unit 11 (13.3m2 to be enclosed).
51983.3225.05 On 17 March 2016, Council approved a change to an existing approval to
enclose the carports of units 14 and 25 (an additional 14m2 per unit).
51983.3225.06 On 12 May 2016, Council approved a change to an existing approval for the
redevelopment of Unit 15 of that sought to the replace the existing dwelling
unit on site with a new dwelling unit with an increase of gross floor area of
67m2, to include a roof top terrace (4 storeys) and pool.
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51983.3225.07 On 29 March 2017, Council approved a change to an existing approval to
enclose part of the car port of unit 20 by 20.5m2. This change did not approve
the area for use as bedroom, with a wall not permitted to ensure the area
remained open.
51983.3225.08 On 10 May 2017, Council approved a change to an existing approval to
enclose part of the car port of unit 20 by 8.554m2 of gross floor area and
reconfigure (change to internal layout) level 1 and 2.
51983.3225.09 On 1 August 2017, Council approved a change to an existing approval to
enclose part of the car port to create a room capable of being a bedroom of
Unit 20. Change application 51983.3225.07 was the exact proposal but the
wall creating a room capable of being a bedroom was not approved.
51983.3225.10 On 1 August 2017, Council approved a change to an existing approval to
partially enclose under the existing unit and to reconfigure the second floor
relating to unit 5.
51983.3225.11 On 17 April 2018, Council approved a change to an existing approval to
partially enclose the subfloor area of Unit 21 to provide a covered entry and
storeroom area, an expanded bathroom/laundry and to enclose underneath
the existing upper level deck, resulting in an additional 18m2 of gross floor
area.
51983.3225.12 On 22 June 2020, Council approved a change to the existing approval to
renovate and extend existing unit 17, including an additional storey adding an
additional 90.69m2.
51983.3225.13 On 30 June 2020, Council approved a change to the existing approval for an
extension to Unit 19. The approval consisted of an additional increase in floor
area by 68.4m² to a total GFA for the unit of 151m². The approval also
permitted the development to change from a 3 storey to a 4 storey building.
51983.3225.15 On 22 April 2022 Council approved a change to an existing approval to
include a lift in renovated unit 17 increasing site cover by an additional 3m2.
51983.3225.14 On 21 October 2021, Council approved an Other change to the existing
approval for the redevelopment of Lots 9 & 10 that had previously been
amalgamated. The redevelopment consisted of existing villas to be removed
and replaced with one building. This resulted in additional site cover of
33.6m2 and GFA of 44m2. The approval was subsequently appealed by
submitters, with minor changes to the proposal plans later agreed to by
submitters.
51983.3225.16 On 16 November 2023, Council approved a minor change to the existing
approval for a redevelopment of Unit 3. The approval consisted of an
additional increase in floor area by 68.4m² to a total GFA for the unit of
151m². The approval also permitted the development to change from a 3
storey to a 4 storey building, plus a roof terrace.
51983.3225.17 On 29 November 2023 Council approved a change to an existing approval to
demolish and rebuild unit 2. The approval included additional gross floor
area of 53m2.
51983.3225.18 Minor change to Lot 16 - Currently under assessment
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3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan 2017;
• Planning Regulation 2017; and
• The Noosa Plan 2020.
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
• the development would not result in substantially different development;
• the change does not include prohibited development;
• the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new matters prescribed by regulation;
• where the original application was code assessable, the change would not cause the
application to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
The original application was lodged under the 1973 Planning Scheme and must be assessed
under that planning scheme, but Council may have regard to the current Noosa Plan 2020.
The subject site is located in the Noosa Heads Local Plan Area and is to be assessed against
(but not limited to) the Noosa Heads Local Plan Code, the Tourist Accommodation Zone Code
and Dual Occupancy and Multiple Dwelling Code. The most relevant outcomes under Noosa
Plan 2020 are discussed below.
As shown in the table below the proposal generally complies with the key development
parameters such as site cover, plot ratio, and building height.
Existing Proposal
development
Criteria Planning Scheme Includes Complies
Site Area additional
(4931m²) parameters
Building height
• storeys 4 storeys max 3 storeys 5 storeys x
(4 storeys + roof
terrace)
• metres 15 metres <15 metres 15m
Site cover 45% max 37.21% 38.6%
(2219.85m²) (1875m2) (1903.4m2)
Plot ratio 1.12:1 0.7:1 0.74:1
(5680m² max) (3522m²) (3632m2)
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Length of wall 15 metres max NA 7.9 metres
Carparking 1 covered min 1 covered 1 covered
Ratio units: non- 20:1 12.5:1 12.5:1 (no change X
residential proposed)
Setbacks
The proposed unit is located within a group title lot, and it is noted that the Noosa Plan 2020 does
not include an alternative provision to the QDC for side and rear setbacks and therefore the QDC
applies. Similarly, the 1973 planning scheme which was current at the time of the original
application for the Hastings development also contained no side setbacks and thus the building
provisions applied at the time.
For lots under 450m2, the acceptable solution of the QDC is “where the height is more than 7.5m
– 2m plus 0.5m for every 3m or part of 3m by which the height exceeds 7.5m”.
The table below provides a comparison of the existing dwelling’s setbacks, the QDC setback
requirements (MP1.1 Design and Siting Standard for Single Detached Housing on Lots under
450m2) and the proposal’s setbacks, which identifies that the existing dwelling is predominately
compliant with the QDC acceptable solution, whilst the proposed new dwelling is predominately
non-compliant with these requirements.
Existing Dwelling QDC Proposed Setbacks
Ground North: 1.2m 0.75m North: 0.655m
Level South: 0.9m (H: 3.0m) South: 0.655m
West: 2.4m – 8.8m West: 0.505m – 6.805m
East: 0.6m East: 0.505m
Level 1 North: 1.2 0.75m – 1.0m North: 0.655m
South: 0.9m (H: 3.0m – 6.0m) South: 0. 655m
West: 2.4m – 8.8m (building) West: 0.505m – 6.805m
0.4m - 6.6m (balcony)
East: 0.6m East: 0.505m
Level 2 North: 1.2 1.0m – 2.5m North: 0.655m
South: 0.9m (H: 6.0m – 8.9m) South: 0.655m
West: 2.4m – 8.8m West: 0.505m – 6.805m
East: 0.6m East: 0.505m
Level 3 N/A 2.5m – 3m North: 0.655m
(H: 8.9m – 11.8m) South: 0.9m (balcony)
0.655m (building)
West: 3.305m (balcony)
0.505m – 6.805m (building)
East: 0.505m
Roof N/A 3m – 3.5m North: North: 0.655m
Level (H: 11.8m – 15m) South: South: 0.655m
West: West: 0.505m – 6.805m
East: East: 0.505m
The proposal must therefore be assessed against the corresponding performance criteria of the
QDC:
Buildings and structures –
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(a) provide adequate daylight and ventilation to habitable rooms; and
(b) allow adequate light and ventilation to habitable rooms of buildings on adjoining lots.
(c) do not adversely impact on the amenity and privacy of residents on adjoining lots.
Generally, the setbacks throughout the existing Hastings Street development are also non-
compliant with the QDC acceptable solutions, with setbacks varied throughout, dependant on the
lot size, shape and lot location, and whether adjacent Bay Village or the site’s easement along its
eastern boundary. Existing units are also not all built fully within the group title lot boundaries,
with a number of decks hanging over the lot boundaries, which are allowable under exclusive use
provisions in the developments Community Management Statement.
In terms of the proposal’s setbacks, the tabled comparison above highlights that the proposed
new dwelling seeks lesser setbacks to the existing dwelling.
It is noted that the following assessment is generally limited to the Ground Level and Levels 1 –
3, with assessment regarding the Rood Level in the following ‘Bulk and Scale’ section of the
report.
Figure 5 – 7: Existing development pattern
Western Setback
The western setback varies from 0.45m to 6.8m for the dwelling, and 3.2m to the balcony. The
adjoining dwelling to the west is setback 0.9m from the common boundary (0.15m to the eave),
whilst the existing dwelling on the subject site is setback 2.4m to the common boundary (1.7m to
the eave).
Although it is acknowledged that the proposed setback is reduced from 2.4m to 0.5m, this is for
the southernmost 2.2m of the dwelling only, with the remainder of the dwelling being setback up
to 6.8m.
It is noted the following regarding the adjoining dwelling on Lot 21:
• The owner of Lot 21 has provided consent to the proposed development.
• The ground floor of Unit 21 includes a 5.75m2 uninhabitable storage area on the eastern
façade of the dwelling.
• The existing second storey contains a balcony on the eastern façade, setback 0.4m from the
common boundary.
• The existing third storey includes two 2m x 0.9m windows on the eastern façade, with the
northern most window setback 0.75m from the common boundary (refer to Figure X)
It is acknowledged that 2.2m of the Unit 22 dwelling will have a maximum separation distance of
1.25m, reduced from 3.3m, from existing Unit 21 for the ground floor, second and third storeys.
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The applicant has provided written support from the owners of adjoining Lot 21, approving the
design and the proposed setbacks, with the applicant stating ‘this indicates they understand the
proposal and their privacy and amenity will not be adversely impacted as a result of the
proposal’. Additionally:
• Given the ground floor of Unit 21 includes a 5.75m2 uninhabitable storage area and
carparking area only on the eastern façade of the dwelling, the reduced setback does not
raise any concerns.
• The reduced setback for the second storey is unlikely to result in additional impacts on
adjoining Lot 21 to what currently exists, with the existing second storey balcony located on
Unit 22 (refer to Figures X and x) being relocated to the Level 3 (fourth floor) western façade.
The reduced setback to Level 2 therefore does not raise any concerns.
• The reduced setback for Level 3 is in proximity to the existing windows on the adjoining Unit
21 eastern façade (refer to Figure X). A condition and plan annotation on the plans are to be
requiring measures to ensure potential overlooking into the habitable rooms and private
open space of Unit 21 is mitigated.
• It is acknowledged that the Level 3 (fourth floor) and the roof terrace may result in additional
overshadowing of the existing dwelling on Lot 21, however the proposal complies with height
requirements (being a maximum of 15m in height), with the only non-compliance with setback
to the western boundary being for the 2m portion of the dwelling along the common
boundary. As such, a majority of the dwelling complies with setback requirements to the
western boundaries. As such, increasing the setback of the 2m portion of the dwelling that
does not comply with QDC setback requirements will unlikely result in reducing the impacts
on the adjoining Lot 21 in terms of access to light and ventilation. A condition and plan
annotations are included in the recommendation to mitigate impacts on privacy.
• The relocation of the balcony to the fourth floor will sit above the adjoining Unit 21 dwelling
and as such will not result in additional impacts on privacy, noting that the current balcony is
located on the second storey western façade, adjacent to the existing balcony on Unit 21
(refer to Figure X). The balcony also includes screening, further mitigating privacy concerns.
Figure 8: Proposed western façade of Unit 22 and
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existing eastern façade of Unit 21 (northernmost window in red box)
Figure 9: Existing western façade of Unit 22 and northern Figure 10: Existing balconies – Unit 21 (green)
façade of Unit 21 and Unit 22 (red)
Figure 11: Existing Unit 21 eastern façade Figure 12: Existing Unit 21 eastern façade –
window shown in red (obscured by umbrella)
Northern Setback
The northern setback adjoins the communal open space (swimming pool). The dwelling is on the
southern side of the swimming pool and as such there are no concerns regarding the reduced
setback resulting in overshadowing the communal open space area. The setback is therefore
supported.
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Figure 13: Existing northern elevation and swimming pool
Eastern Setback
The eastern setback adjoins the 3m wide easement within the common property. The dwelling is
setback a minimum of 6m from the buildings on the adjoining lot to the east, which are 4 storey,
15m high buildings comprising the Laguna on Hastings development (refer to Figure 7). The
setback between the proposed dwelling and the Laguna on Hastings development are
considered adequate so as to not impact on the provision of adequate daylight and ventilation to
habitable rooms on the adjoining lots. A condition is included in the recommendation requiring
windows on the eastern elevation to be sufficiently screened if/where overlooking into the
dwellings and/or private open space on the adjoining lot.
Figure 14: Existing eastern setback
Southern Setback
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The southern setback is proposed at a maximum of 0.655m to the building. The existing dwelling
on adjoining Lot 21 includes a ground floor uninhabitable room and a second-floor balcony
setback 0.1m and 0.5m respectively from the common boundary. The proposal adjoins the 5.3m
wide portion of the adjoining Lot 21 currently predominantly landscaped only. It is noted that the
southern elevation includes ‘translucent windows on each level of the dwelling, a condition and
plan annotation are included in the recommendation requiring the Level 1 and Level 2 windows
to be fitted with translucent glazing to mitigate impacts on overlooking the private open space of
Lot 21.
The proposed boundary setback, although reduced slightly from the current 0.9m setback to
0.65m, will not result in any additional impacts on Lot 21 is relation to access to light and
ventilation to habitable rooms and sufficient conditioning will ensure no adverse impacts on the
amenity and privacy of residents on adjoining lots.
Figure 15: Existing dwelling on adjoining Lot 21 – Figure 16: Existing southern elevation and
ground floor and second floor balcony landscaping
Given the above assessment and noting that consent to the development has been provided by
the owners of adjoining Lot 21, the proposed setbacks are considered sufficient to meet the
requirements of the QDC in regard to access to light and ventilation and impacts on amenity and
privacy on adjoining lots.
Height
The proposal includes a maximum building height of 15 metres, compliant with the relevant
acceptable outcome AO9.1 of the Tourist Accommodation Zone Code, however does not meet
the corresponding Performance Outcome of a maximum of 4 storeys, with the elevated typology
of the roof form, with the blade roof on the northern elevation and enclosed southern elevation
visually appearing as a fifth storey element.
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The following excerpts of Acceptable and Performance Outcomes of the Tourist Accommodation
Zone Code are relevant to the development:
PO9 AO9.1
Buildings and other structures: Buildings and other structures have a building
height of no more than:
(a) are low rise and present a building height
consistent with structures on adjoining and (a) Noosa Heads– 12 metres with the
surrounding premises; exception of:
(b) do not visually dominate the street or
(iv) the southern side of Hastings Street:
surrounding areas;
(c) preserve the amenity of surrounding (A) within 10 metres of the Hastings St
premises including privacy, views and or Noosa Drive alignments –
access to sunlight; building height of no more than 6
(d) respect the scale of any nearby metres;
vegetation, retaining a vegetated skyline; (B) balance area of the site – building
(e) respond to the topography of the site; height of no more than 15
(f) have a maximum building height of: metres;
(i) Noosa Heads—three storeys with the
exception of:
(D) the southern side of Hastings
Street within 10 metres of the Hastings
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St or Noosa Drive alignments – two
storeys; and balance area of the site
– four storeys
The proposal complies with the acceptable outcome AO9.1(a)(iv)(B) and as such, the proposal is
deemed to comply with the relevant corresponding performance outcome PO9 as per the
following extract from the scheme:
Acceptable outcomes are provided for some, but not all, performance outcomes, and
identify ways in which performance outcomes can be met. Compliance with the
performance outcome should be demonstrated and the acceptable outcomes are
considered as one way to satisfy the corresponding performance outcome.
The Noosa Plan 2020 User guide also reinforces this position by noting that the planning scheme
is a performance-based planning scheme and includes the following commentary to this effect:
The Planning Scheme is a performance-based scheme, which means assessable
development is required to demonstrate how it can achieve the specified performance
outcomes. The performance outcomes are considered to be the qualitative outcome that
must be achieved whilst the acceptable outcomes are prescriptive, measurable criteria for
development and represent the preferred way of achieving the performance outcomes.
Assessable development is deemed to comply with the performance outcome if:
• the acceptable outcomes to the performance outcomes are complied with, or
• sufficient information is provided to demonstrate the criterion has been met through
an alternative solution.
It is noted that the proposal is approximately 4m higher than a majority of the existing dwellings
on the subject site, however The Hastings is currently undergoing piecemeal redevelopment.
With each lot individually owned, Council has received a number of change applications to
redevelop individual lots on site, with dwellings proposed up to 15m in height.
Additionally, the below image shows the existing approximate 11m high dwelling and adjacent
Laguna on Hastings development, indicating that the proposed building height is consistent with
development in proximity (refer to Figure 17). A condition is included in the recommendation
requiring that the roof terrace remains unenclosed.
It is noted that the proposal plans include a flue over the 15m height limit. The definition of
building height under Noosa Plan 2020 excludes ‘a point that is part of an aerial, chimney,
flagpole or load-bearing antenna’ and as such is not assessable.
Figure 17: existing dwelling and adjoining development
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4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme
and does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 51983.3225.19 to make a minor change to an existing approval for
Multiple Dwelling 25 Units, 8 shops situated at The Hastings, 22/30 Hastings St Noosa described
as Lot 22 GTP 1154, Council on 30 October 2024 decided to:
A. Approve the change.
B. Amend Condition 2 to read as follows:
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
**add following table to the bottom of existing Condition 2**
Approved Plans – 30 October 2024 (Lot 22 GTP 1154) (51983.3225.19)
Plan No. Rev. Plan/Document Name Date
SD1.1 A Site Plan prepared by Sparks Architects 31.07.2023
SD1.2 A Ground Floor Plan prepared by Sparks Architects 31.07.2023
SD1.3 A Level 1 Floor Plan prepared by Sparks Architects 31.07.2023
SD1.4 A Level 2 Floor Plan prepared by Sparks Architects 31.07.2023
SD1.5 A Level 3 Floor Plan prepared by Sparks Architects 31.07.2023
SD1.6 A Roof Level Plan prepared by Sparks Architects 31.07.2023
SD1.7 A North Elevation prepared by Sparks Architects 31.07.2023
SD1.8 A East Elevation prepared by Sparks Architects 31.07.2023
SD1.9 A South Elevation prepared by Sparks Architects 31.07.2023
SD1.10 A West Elevation prepared by Sparks Architects 31.07.2023
SD1.11 A Section A prepared by Sparks Architects 31.07.2023
SD1.12 A Section B prepared by Sparks Architects 31.07.2023
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SD1.13 A Section C prepared by Sparks Architects 31.07.2023
C. Include the following additional conditions 57 - 65:
Additional Conditions specific for Lot 22 GTP1154 (51983.3225.19) - 30 October 2024
Approved Plans
Performance Bond - Planning
57. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council, to secure performance of all conditions of this
approval, specifically for Lot 16, prior to the issue of a Development Permit for
Building Works. The cash bond or trading bank guarantee will be returned on
performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit. Council reserves the right to call
upon the bond or guaranteed sum to effect compliance with conditions.
Protection of Privacy
58. To ensure privacy is protected between adjoining properties, the windows located on
the southern and western facades of Level 1, Level 2 and Level 3 of the dwelling,
if/where overlooking habitable windows or private open space of the dwelling on Lot
21, must either:
a. have a minimum window sill height or 1.7 metres above floor level; or
b. be fitted with translucent glazing; or
c. be fitted with a fixed external screen.
59. To ensure privacy is protected between adjoining properties, the windows located on
the eastern facade of Level 1, Level 2 and Level 3 of the dwelling, if/where
overlooking habitable windows or private open space on the adjoining development
to the east, must either:
a. have a minimum window sill height or 1.7 metres above floor level; or
b. be fitted with translucent glazing; or
c. be fitted with a fixed external screen.
60. The Level 3 balcony located on the western building façade must include either
balustrading or fixed external screens, positioned in such a way to obscure direct
views into the habitable room windows or private open space areas of the dwelling on
Lot 21. Any fixed external screen(s) must not extend more than 50% of the length of
the balcony.
Roof Terrace
61. The Roof Level must remain unenclosed and unroofed.
Landscaping
62. The development site must be landscaped generally in accordance with the approved
plans approved under OPW22/0022 – Development Permit for Operational Works –
Landscaping, issued on 25 May 2022.
63. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures
healthy, sustained and vigorous plant growth. All plant material must be allowed to
grow to full form and be refurbished when its life expectancy is reached.
64. Any planting areas above ground level must be planted and maintained at all times,
with replacement planting undertaken promptly where plants fail or do not have a
healthy and vigorous growth.
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65. Any vegetation to be retained must be protected from clearing or construction
activities by:
a. clearly marking vegetation to be retained with flagging tape;
b. installing protective fencing around the drip line of the vegetation;
c. restricting stockpiling, storage and vehicle parking to those areas which are
already cleared; and
d. using low impact construction techniques around vegetation.
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Used in these records
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