Meeting papers

Document Set ID: 23711366
                                       Page 79 of 182
Version: 1, Version Date: 30/04/2025

The Decision
                6     The decision to approve the Application subject to 74 conditions was made by the
                      Respondent on 20 March 2025 and given to the Appellant by Decision Notice dated 25
                      March 2025 (the Decision).
                7     Conditions 3, 13, 18, 20, 21, 22, 23, 28, 30, 35d ande, 37d and e, 39, 40, 43, 59, 61,
                      62, 63 and 64 of the Decision, set out in Attachment A to the Notice of Appeal, are the
                      conditions the subject of this appeal (the Impugned Conditions).
                8      A number of the Impugned Conditions require that waste be collected by waste
                       vehicles driven onto the Premises from Albert Street and that the waste vehicles move
                       across the Premises in a forward direction and utilise the Easements to gain access to
                       Thomas Street, namely:
                       (a)   Condition 3 requires the Development to be. generally in accordance with the
                             approved plans and seeks to amend plans:
                                   i.  CD 2.01 C Rev. C Basement Plan prepared by Arkos Architects dated
                                        20.02.2025; and
                                  ii. | CD 2.02 B Rev. B Ground Floor Plan prepared by Arkos Architects
                                        dated 20.02.2025;
                             to accommodate the waste collection and servicing on-site;
                       (b)   Condition 28 requires confirmation that the Easement terms and conditions will
                             allow the increase in vehicular movements and types, which includes the waste
                             vehicles, or that the Appellant obtain a new easement that permits the volume
                             and type of vehicular movement;
                       (c)   Condition 30 requires the terms of any new easement to reflect the Planning
                             Scheme and be in accordance with the Respondent's standard terms at no cost
                             to the Grantee;
                       (d) | Condition 39 requires an assessment of the existing access driveway in
                             accordance with an operational works approval over the Easement to achieve
                             compliance with Council’s standard drawing RS-051;
                        (e)  Condition 43 requires service vehicles, including Refuse Collection Vehicles,
                              manoeuvring, standing on-site and exiting onto Thomas Street;
                       (f)    Condition 59 requires earthworks to not effect the functionality of the
                              Easement and carparks, however when the works of the Proposed
                              Development occur there will not be an ability for refuse vehicles to drive
                              through the Premises and onto the Easement,
                        (g)   Conditions 61, 62, 63 and 64 deal with Waste Disposal and are predicated on
                              the collection of waste by waste vehicles driven onto the Premises from Albert
                   ROI        Street and that the waste vehicles move across the Premises in a forward
           Koy          ie    direction and utilise the Easements to gain access to Thomas Street
           =         %    °
           2     ea     (thé   Waste Collection impugned Conditions).
               Yaroows
                                                                                                         3

Document Set ID: 23711366
Version: 1, Version Date: 30/04/2025                                                                     Page 79 of 182