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Document Set ID: 23711366
                                       Page 81 of 182
Version: 1, Version Date: 30/04/2025

12     The Waste Collection Impugned Conditions should be amended or deleted to allow
                       the Development to proceed in accordance with the Development and allow off-site
                       waste collection.
                 Condition 3 (Pool amenity)
                 13    Condition 3 requires the Development to be generally in accordance with the
                       approved plans and seeks to amend plans:
                                   i.   CD 3.01 B Rev. B Elevation 01-Gympie Tce / North prepared by Arkos
                                        Architects dated 26.02.2025; and
                                  ii.   CD 3.02 B Rev. B Elevation 02 — Thomas Street / West prepared by
                                        Arkos Architects dated 26.02.2025
                       by requiring “any splash back around the pool... to be constructed from clear glazing or
                       similar” and “walls located between the terrace areas... to be removea”.
                 14    Condition 3 is not reasonable, and so far as it may be relevant, is an unreasonable
                       imposition on the Development and is not required as a consequence of the
                       Development because:
                       (a)   Gympie Terrace and Thomas Streets have significant pedestrian traffic;
                       (b)   there will be an unreasonable lack of privacy of pool users if the walls located
                             between the terrace areas were to be removed and clear glazing installed;
                       (c)   the built form of the Development maintains an appropriate amenity for the
                              area; and
                        (d)   the proposed amendments to the built form is not mandated to comply with
                              any relevant code.
                 15    The proposed amendments to Condition 3 should be deleted.
                 Condition 13 (Internal design)
                  16    Condition 13 requires submission of plans for internal design of the approved units to
                        be submitted to the Respondent for a “further approval” prior to the issue of any
                        building approval.
                  17    Condition 13 is not reasonable, and so far as it may be relevant, is an unreasonable
                        imposition on the Development and is not required as a consequence of the
                        Development because:
                        (a) | the Respondent has given its approval for the Development subject to Condition
                              3 that requires it proceed generally in accordance with the approved drawings;
                        (b)   the approved drawings provide sufficient detail;
            Qo ENVIRO                                       .                       .
          ee         GNX)     the internal design of the units is not a matter that requires any further
        FE        ,    2       consideration other than obtaining a building approval; and
        =|    €@        )s
        oS              td     there are unnecessary delays and costs to the Development.
          ‘'          &
            Larose
                                                                                                          5
Document Set ID: 23711366
Version: 1, Version Date: 30/04/2025                                                                      Page 81 of 182
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