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Negotiated Report (Representations made) 132008 176 05 (As Published)
Existing Condition 19
19. All balustrades to decks and balcony areas must be open or transparent.
Applicant’s Request
The applicant indicates that the approved plans provided for mix of open and solid balustrades and
which are understood to comprise an acceptable outcome.
The applicant has requested existing condition 19 be amended and replaced with the following
amended condition:
19. All balustrades to decks and balcony areas must be open or transparent include a mix of open
and solid elements as shown on the approved plans.
Assessment of Request
The condition was imposed to ensure the variation detailed on the proposed plans was maintained.
No objection is raised to the amendment to the condition
Recommendation
It is recommended existing condition 19 be amended to read as follows:
19. All balustrades to decks and balcony areas must be open or transparent include a mix of
open and solid elements as shown on the approved plans.
Existing Condition 29
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 issue of the Development Permit for Building Works.
Applicant’s Request
The applicant submitted that in addition to amalgamation, the development will require new
easements for Energex and services and vegetation covenants. The applicant indicated that it will
be more efficient to undertake these survey works and plan preparation at the same time rather
than as separate survey works. These survey works are typically undertaken during the
construction process and not prior to the issue of the Development Permit for Building Works.
The applicant has requested existing condition 29 be amended and replaced with the following
amended condition:
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 issue of the Development Permit for Building Works commencement of use.
Assessment of Request
The request is considered reasonable and no objection is raised to the change as Council has
included conditions relating to performance bonds to ensure that conditions of approval are met.
Recommendation
It is recommended existing condition 29 be amended to read as follows:
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 issue of the Development Permit for Building Works commencement of use.
Page 4 of 12
Document Set ID: 23616598
Version: 2, Version Date: 05/03/2025
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