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Request for Negotiated Decision Notice
Attached to the e-mail Request for Negotiated Decision Notice REC16/0015.
an appropriate response and will still ensure the protection of 4,590m2 of existing significant vegetation, which represents over 47% of the site area. It is noted the current situation does not include any long term statutory protection of the existing vegetation and, as such, we argue that the proposed subdivision will enable better protection of this vegetation in perpetuity. We request Council amend this condition to reflect the findings of the Bushfire Management Plan, including specific setbacks for future dwellings and include the BMP as a referenced document within the Decision Notice. Condition 1(b) An Effluent Disposal Report has been prepared by Duke Environmental and is enclosed with this correspondence. The report demonstrates that the existing systems are sub-standard in relation to current industry standards however this is to be expected given the age of the existing systems. The report also confirms that the existing systems do not encroach over the proposed lot boundary and will accord with the proposed covenant areas. Any new system to be installed will also comply with these requirements. Given the likelihood of the existing dwellings being demolished and new dwellings constructed, it is requested that Council replace this condition with a requirement to upgrade or replace the existing septic systems to accord with current industry standards prior to building approval being issued over each respective lot. Condition 3 We request this condition be updated to reflect the amended Reconfiguration Plan dwg no. M2683-01C enclosed with this correspondence. Condition 6 We argue that it is unreasonable and onerous for Council to require the rehabilitation of the area of land outside the property boundary, south east of the residence on proposed Lot 2, on the grounds that we are not increasing the development yield on the site and therefore not creating any additional impacts beyond the site boundary. Any clearing of this area has been undertaken historically over many years and it is not the responsibility of the property owner to rehabilitate Council land due to historical degradation unless this is a specific consequence of the development. Further, given we are providing over 47% of the site area as vegetation covenant, which will include the removal of any declared weed species to enable natural regeneration, we argue that this provides a significant long term environmental benefit compared to the existing situation. Condition 7 We request this condition be updated to reflect the amended Reconfiguration Plan dwg no. M2683-01C enclosed with this correspondence, which shows an amended vegetation covenant boundary in response to the required bushfire setbacks. JFP Ref: M2683 Page 2
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