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

               Assessment of Representation
               Condition 4 includes Council’s requirements for the submission of development bonds. This
               condition is no longer relevant as it is recommended that Council support the removal of Condition
               3 in line with the applicant’s representations.


               3.     CONCLUSION & REASONS FOR DECISION
               It is recommended that the proposed representations be supported with Conditions 3 and 4 being
               removed. The performance bond associated with the higher order approval (MCU22/0060) is
               sufficient to secure that the proposed works are undertaken in accordance with the conditions of
               the approval. A 12-month maintenance period has been conditioned for the proposed municipal
               works. 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. 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.
               RECOMMENDATION
               With regard to Application No. OPW23/0076 and the representations made, Council on 3 July 2023
               decided to:
               A.     Delete conditions 3 & 4.
               B.     Include the below Advisory Note to read as follows:
                      1.      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.




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