Meeting papers

Document Set ID: 23711366
                                       Page 80 of 182
Version: 1, Version Date: 30/04/2025

Statutory Framework
                 9     Section 65 of the PA provides the relevant test for conditions imposed ona
                       development approval:
                       65 Permitted development conditions
                         (1) A development condition imposed on a development approval must—
                                 (a) be relevant to, but not be an unreasonable imposition on, the
                                 development or the use of premises as a consequence of the development; or
                                 (b) be reasonably required in relation to the development or the use of
                                 premises as a consequence of the development.
                 Grounds of Appeal
                 Conditions 3, 28, 30, 39, 43, 59, 61 — 64 (Waste Collection )
                 10    The Waste Collection Impugned Conditions are not reasonable, and so far as they may
                       be relevant, are an unreasonable imposition on the Development and are not required
                       as a consequence of the Development because:
                       (a) | the Development can be safely serviced by the on-street collection of waste;
                        (b)   on-site collection of waste is not required to comply with any relevant code;
                        (c)   the Respondent directed the Appellant to off-site collection of waste in an
                              earlier application as a preference and the Appellant designed the Development
                              on that basis;
                        (d)   the collection of waste by other premises in the locality occurs off-site;
                        (e)   the collection of waste off-site will occur as part of the usual waste collection in
                              the area and its impact on amenity will be consistent with the existing amenity
                              in the area; and
                        (f)   the Easement is constrained such that Refuse Service Vehicles cannot use it as
                              there is insufficient clearance with existing structures.
                  11    The Waste Collection Impugned Conditions are not final or certain as:
                        (a)   they require the gaining of permission to vary the terms and conditions of the
                              Easement;
                        (b)   the making of an operational works application over property that is not the
                              subject of the Development; and
           we    Roy     c)   compliance with standard drawings for vehicle crossover for a new easement
         S            by      over the Easement including requiring the removal of a structure.
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Document Set ID: 23711366
Version: 1, Version Date: 30/04/2025                                                                      Page 80 of 182