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BD.2147 of 2022. Judgment
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External Works
20. Margit Crescent must be upgraded for the length of its frontage to the subject site. The works,
which must be undertaken in accordance with an Operational Works approval and be generally
in accordance with Barlow Shelley’s Earthworks Plan (P01) dated 20 June 2022 are:
a. construction of a 1.5-metre-wide pedestrian footpath in accordance with the conditions
of this Decision Notice; and
b. removal of the existing property access and reinstatement of the kerb and verge area to
match the balance of the site frontage, including the provision of topsoil and turf where
the existing verge is grassed.
Site Access and Driveways
21. A sealed access driveway must be provided from Margit Crescent to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with an
Operational Works approval and be generally in accordance with Barlow Shelley’s Earthworks
Plan (P01) dated 20 June 2022.
Car Parking
22. A minimum of 3 car parking spaces must be provided and marked on the site. The works must
be undertaken in accordance with Drawing No. 22-0005 DA301A, Revision D prepared by OH
Architecture and dated 15 November 2022.
Stormwater Drainage
23. 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
and must include the works shown on the drawing titled ‘Stormwater Layout and Services
Layout Carparking and Manoeuvring Layout’, Drawing Number P02 Rev C, dated
08/08/20222, prepared by Barlow Shelley Consulting Engineers, with the exception of the
following:
a. The area provided for infiltration at each soakage pit is to be increased to the area
required to infiltrate a flow of 1L/s, based on the in-situ saturated hydraulic conductivity
of the soil; and
b. The pit connection point for roofwater downpipes is to be nominated on the Operational
Works drawings, such that any sections of roofwater pipework with negative grade are
able to drain to the soakage pit and empty between rainfall events.
Services
24. 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.
25. 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
26. 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.
27. 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.
28. All works must be kept clear of any existing or proposed easements on the subject land, unless
agreed otherwise in writing by the Grantee.
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