Negotiated Report (Representations made) 132008 176 05 (As Published)

               Existing Condition 68
               68. Existing trees on the site within boundary setbacks, open space areas and in the road reserve
               must be retained and protected in accordance with an updated Arborist Report / Vegetation
               management Plan prepared by a qualified person* and endorsed through an Operational Works
               approval. The Arborist Report/ Vegetation management Plan must include: …
               Applicant’s Request
               The applicant details that ‘Open space areas’ are not defined and there is risk that not all trees can
               be retained within these areas due to impacts from proposed and adjacent works or existing tree
               health. The applicant submits that the core focus for vegetation retention with the application has
               been the road frontage boundary setback area and the Environmental management and
               conservation zone area and there was no indication that all trees within the general open space
               areas would be or needed to be retained. Further the applicant indicates that all trees to be retained
               will also be subject to assessment by a suitability qualified person in accordance with AS 4970-
               2009 Protection of trees on development sites and endorsed through an Operational Works
               approval.
               The applicant has requested existing condition 68 be amended and replaced with the following
               amended condition:
               68. Existing trees on the site within the 6m road frontage boundary setbacks, open space areas
               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.
               Assessment of Request
               Councils Senior Environment Officer has reviewed the request and agrees to the condition being
               clarified as requested.
               Recommendation
               It is recommended existing condition 68 be amended to read as follows:
               68. Existing trees on the site within the 6m road frontage boundary setbacks, open space areas
               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.



               Existing Condition 70
               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 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: …
               Applicant’s Request
               The applicant submits that there is a potential conflict between part of condition 70 and condition
               75. Condition 70 requires protection of vegetation in the Environmental Management and
               Conservation Zone, whereas condition 75 requires that the vegetation be managed to achieve a
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Document Set ID: 23616598
Version: 2, Version Date: 05/03/2025