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Negotiated Report (Representations made) 132008 176 05 (As Published)
3. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme. The
requested changes to the conditions do not raise any significant issues and are therefore
supported. The application is therefore recommended for approval.
The report is provided in accordance with Section 76 of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 132008.176.05 and the representations made, Council on 25
February 2025 decided to:
A. Agree to amend conditions 7, 17, 19, 29, 39, 46b, 66c, 66f, 68, 70 and 73 to read as follows:
7. The ground level must be reinstated around the basement level to ensure no part of which is
more than 1 metre above ground level, apart from the driveway entrances.
17. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface, as detailed
on the approved plans.
19. All balustrades to decks and balcony areas must include a mix of open and solid elements as
shown on the approved plans.
29. All separate, adjoining lots that form part of this application shall be amalgamated into one
undivided allotment in accordance with the Plan of Survey submitted for registration at the Land
Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to Council prior
to the commencement of use.
39. E-bikes shall be made available for use by resort guests, the provision of which may be via a
service agreement with a hire company.
46b. Provide sizing and nominate the locations of roofwater harvesting tanks. The tanks are to be
sized to provide 80% reliability to supply water for landscape irrigation and pool top up.
66c. A revegetation/rehabilitation plan for the 6metre setback fronting Banksia Avenue and
Serenity Close and the Environmental Management and Conservation Zones. The
revegetation/rehabilitation plan must have regard to the bushfire Site Management Plan required
by condition 75.
66f. Vegetated screening of any bin storage areas and the like from the road frontage.
68. Existing trees on the site within the 6m road frontage boundary setbacks, the Environmental
management and conservation zone and in the road reserve must be retained and protected in
accordance with an updated Arborist Report / Vegetation management Plan, including
assessment in accordance with AS 4970-2009 Protection of trees on development sites, prepared
by a qualified person* and endorsed through an Operational Works approval. The Arborist
Report/ Vegetation management Plan must include:
(a) Identify all Koala and Glossy Black Cockatoo Trees in the areas to be protected.
70. A vegetation protection covenant must be registered over the area identified as the 6 metre
vegetated setback from Serenity Close and Banksia Avenue and the Environmental
Management and Conservation Zones on the Approved Plans pursuant to Section 97A of the Land
Title Act 1994. The covenant document must reference the bushfire Site Management Plan
required by condition 75 and the Vegetation Management Plan required by condition 68. The
covenant document and a survey plan must be submitted to Council for endorsement prior to
lodgement with the relevant titles authority for registration of title. The covenant document must:…
73. Any proposed new fencing to delineate boundary alignments, with the exception of pool fencing
directly around pool areas, must be constructed to allow for the movement of fauna.
B. Delete conditions 64 and 66b.
C. Refuse the representations made to delete conditions 6, 46 and 66g for the following
reasons:
Page 11 of 12
Document Set ID: 23616598
Version: 2, Version Date: 05/03/2025
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