Decision Notice - Approved by Delegation of Authority MCU24 0139 (As Published) · MCU24/0139

                      Pedestrian and Bicycle Facilities
               33.    Pedestrian and bicycle facilities must be provided for the development. The works must be
                      undertaken in accordance with an Operational Works approval, be generally in accordance
                      with M Design’s Site Plan (1.2, Rev. D) dated 13 June 2025 and must include in particular:
                      a.      a 2.0-metre-wide footpath within the road verge for the entire length of the site’s
                              frontage to Rufous Street – the footpath:
                              i. may be reduced in width to a minimum of 1.8m, only in locations where a 2.0m wide
                                 footpath would impede on minimum clearances from existing services and
                                 infrastructure (i.e., bioretention basin) or create a trip hazard for pedestrians; and
                              ii. must be located to achieve maximum clearances from the existing bioretention
                                  basin in Rufous Street and be wholly within Council's road reserve.
                      This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
                      infrastructure.
                      Stormwater Drainage
               34.    The site must be provided with a stormwater drainage system connecting to a lawful point of
                      discharge in the Rufous Street road reserve. The works must be undertaken in accordance
                      with an Operational Works approval.
                      Easements
               35.    Unless otherwise agreed in writing by the relevant service provider, any public or third party
                      infrastructure located on the subject site must be placed within an easement registered
                      against the title of the property.
               36.    All easements must be designed in accordance with the planning scheme and granted at no
                      cost to the Grantee. Where the Grantee is Council or a service authority, the easement
                      documentation must be in accordance with the Grantee’s standard easement terms. Draft
                      easement documentation must be submitted to Council for endorsement.
               37.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      Earthworks and Retaining Walls
               38.    All earthworks and associated retaining structures/batters, both above and below ground,
                      both temporary and permanent, must be undertaken in accordance with an Operational
                      Works approval and contained entirely within the subject site unless written permission from
                      the respective landowner(s) is provided to Council.
               39.    Where the development involves excavation or filling over, or adjacent to, drainage, water
                      supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
                      provide a freeboard of 100mm above the finished ground surface level.
               40.    All retaining walls must be designed and constructed in accordance with the planning scheme
                      and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
                      are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
                      safety fence.
                      Damage to Services and Assets
               41.    Any damage caused to existing services and assets as a result of the development works
                      must be repaired at no cost to the asset owner at the following times:
                      b.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      c.      where otherwise, upon completion of the works associated with the development.
                      Any repair work which proposes to alter the alignment or level of existing services and assets
                      must first be referred to the relevant service authority for approval.



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Document Set ID: 23950139
Version: 3, Version Date: 23/07/2025