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AJG v NSC - Sealed Judgment - 12.06.26
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a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
b. 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.
Landscaping Works
48. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. The works shown on the referenced Landscaped Plans.
b. Landscaping provided between the boundary of the development and edge of path
along Bottlebrush Avenue and Noosa Drive excluding areas in front of hydrants and
electrical transformers that requires access and areas underroof.
c. Landscaping provided between back of kerb and edge of path along the Bottlebrush
Avenue frontage on either side of the driveway.
d. All areas of deep planting must be underplanted with a mixture of shrub, ground covers
and grasses. Block planting of a single species is not approved.
e. Detailed design of awning and trellis system that demonstrates climbing species have
access to areas of deep planting and will achieve the desired outcomes proposed on
the referenced plans.
f. Provision of 3 street trees within each of the Noosa Drive and Bottlebrush Avenue Road
Reserves.
g. The provision of landscape vine plantings within natural deep soils, comprising species
and soil volumes sufficient to support sustained and vigorous growth, to effectively
soften the visual presentation of the breeze block blade wall. The design is to
incorporate all necessary trellis and structural support systems to facilitate
establishment and ongoing performance of the plantings, ensuring the achievement of
a cohesive and durable landscape screening outcome.
49. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
50. All planting areas including containerised planting on balconies and roof areas must be
planted and maintained at all times, with replacement planting undertaken promptly where
plants fail or do not have a healthy and vigorous growth.
Performance Bond
51. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must
be submitted to Council, prior to the issue of a Development Permit for Operational Works,
to secure performance of all conditions of this approval for which compliance must be
discharged prior to the material change of use occurring. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
52. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
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