Negotiated Report (Representations made) MCU22 0099 [As Published]

               1.     BACKGROUND
               A development approval for a Development Permit for Material Change of Use of Premises
               (Dwelling House) was issued on 3 November 2022.
               The applicant suspended the appeal period and made representations on 10 November 2022 to
               the development approval conditions. The representations are detailed below but primarily relate
               to condition 6 – timing of rehabilitation required.
               2.     ASSESSMENT
               An assessment in relation to each of the submitted representations is provided below:
               Condition 6 - Ecological
               The rehabilitation must be implemented in accordance with the Ecological Assessment Report,
               prepared by Green Tape Solutions and dated 19 September 2022 prior to occupation of the
               dwelling.
               Applicant’s Representation
               The applicant made the following representation:
               “The key issue with the timing of this condition is water provision. The timing has to allow for the
               plants to be planted and then maintained when there is water available on site (i.e. once the house
               is constructed). As such, we request that this condition is amended as follows:

               The rehabilitation must be implemented in accordance with the Ecological Assessment Report,
               prepared by Green Tape Solutions and dated 19 September 2022 prior to occupation of the
               dwelling within three months after the occupation of the house.”

               Assessment of Representation
               Council agrees with the applicant’s representation given the unavailability of water supply to
               support rehabilitation. A 3-month grace period is acceptable and practical.



               RECOMMENDATION
               With regard to Application No. MCU22/0099, and the representations made, Council on < decided
               to:
               A.     Agree to amend condition 6 to read as follows:
               6.     The rehabilitation must be implemented in accordance with the Ecological Assessment
                      Report, prepared by Green Tape Solutions and dated 19 September 2022 within three
                      months after the occupation of the house.
               C.     Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.




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Document Set ID: 22186838
Version: 3, Version Date: 08/12/2022