AJG v NSC - Sealed Judgment - 12.06.26

      Condition 37a. is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
      infrastructure identified by Council’s LGIP to service the development.
      Stormwater Drainage
38.   The site must be provided with a stormwater drainage system connecting to a lawful point of
      discharge. The works must be undertaken in accordance with an Operational Works
      approval, be generally in accordance with the Queensland Urban Drainage Manual, and
      must include in particular:
      a. 3,000 litres of rain water storage per dwelling incorporated into a Stormwater
         Management Plan and plumbed for non-potable reuse purposes;
      b. post-development peak flow rates must be attenuated so that they do not exceed the pre-
         development peak flow rates; and
      c. treatment of stormwater flows to satisfy the stormwater quality targets of Acceptable
         Outcome 6 of the Water Quality and Drainage Code including through the use of a
         proprietary system to achieve any stormwater quality targets in accordance with section
         4(f) of the Planning Scheme Policy 6 Engineering Design Standard.
      Services
39.   Unless otherwise stipulated by telecommunications legislation at the time of construction, the
      development must be provided with all necessary conduits, pits and pipes to accommodate
      the future connection of optic fibre technology telecommunications.
40.   Certification must be submitted to Council from all relevant service providers (Energex, NBN
      and Unitywater) which certifies that the development has met the requirements of this
      Decision Notice and all applicable legislation at the time of construction.
      Easements
41.   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.
42.   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.
43.   All works must be kept clear of any existing or proposed easements on the subject land,
      unless agreed otherwise in writing by the Grantee.
      Geotechnical Stability
44.   All works must be carried out in accordance with the recommendations contained in
      Tectonic’s Geotechnical Investigation (22039-001-Rev0, Rev 1) dated 24 July 2024 listed
      within this Decision Notice.
      Earthworks and Retaining Walls
45.   All earthworks and associated batters/retaining structures, both above and below ground
      level, 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.
46.   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
47.   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:
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