Negotiated Report (Representations made) OPW23 0076 [ As Published]

               2.     ASSESSMENT
               An assessment in relation to each of the submitted representations is provided below:
               Condition 3
               3.     A compliance bond of $5,000 is to be submitted to Council prior to the pre-start meeting. The
                      pre-start meeting will only be held once Council's Construction Engineering Officer has
                      confirmation that the bond monies have been received by Council.
                      The bond will be refunded less any costs incurred by Council in ensuring compliance with
                      these conditions or any additional inspections incurred for substandard work or work
                      undertaken not in accordance with this permit.
               Applicant’s Representation
               The applicant has lodged representations relating to the removal of the $5,000 compliance bond
               under the basis that the higher order bond ($7,500 from MCU22/0060) is sufficient to encompass
               the associated works for both approvals (MCU22/0060 & OPW23/0076) and minimise any risk to
               Council.
               The applicant has indicated to Council that the conditions of the higher order approval
               (MCU22/0060) and existing development penalties available to Council are sufficient to enable
               Council to act on any non-compliant matters of the development.
               Assessment of Representation
               The works associated with this approval includes works in Council’s road reserve including the
               construction of approximately 20 metres of footpath (to become Council’s asset). Ordinarily and in
               accordance with PSP4 Performance Bonds, Council would apply a combination bond (components
               of both remedial/works and performance bonds) to secure infrastructure works will be properly
               carried out in accordance with the conditions of the development approval. In this instance, it is
               recommended Council accept the representations as the higher order bond ($7,500 from
               MCU22/0060) is sufficient to address the risks to Council associated with the construction of the
               footpath since the proposed footpath:
               •     has been designed by a suitably qualified person (RPEQ);
               •     requires post-construction RPEQ-certification; and
               •     includes a 12-month maintenance period, which requires Council’s assessment and
                     acceptance of the asset in order to begin and conclude the maintenance period.
               Prior to the commencement of the 12-month maintenance period, a maintenance bond (in the form
               of a cash bond or bank guarantee) for 10% of the cost of the municipal works or $1,500 (whichever
               is higher) must be submitted and accepted by Council. It is recommended that an Advisory Note
               be included to the effect of:
               Prior to the commence of the maintenance period, a maintenance bond in the form of a cash bond
               or bank guarantee must be submitted and accepted by Council. The maintenance bond must be
               10% of the total cost of the municipal works or $1,500, whichever is higher.


               Condition 4
               4.     Bonds must:
                      a.      meet the requirements of council’s relevant Planning Scheme Policy for performance
                              and uncompleted works;
                      b.      be lodged with Council and accompanied by the Bond Administration Fee/s; and
                      c.      be requested for release by writing to Council, when relevant approval requirements
                              have been met.
               Applicant’s Representation
               See above.
                                                                                                      Page 2 of 3

Document Set ID: 22477507
Version: 2, Version Date: 03/07/2023