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Document Set ID: 23711366
Page 82 of 182
Version: 1, Version Date: 30/04/2025
18 Condition 13 is not final or certain as the criteria by which the “further approval” will
be assessed is not identified.
19 Condition 13 should be deleted.
Condition 18 (Services set back)
20 Condition 18 specifies where mechanical equipment and services can be located, with
a restriction on them to be located no less than two (2) meters from a property
boundary.
21 Condition 18 is not reasonable, and so far as it may be relevant, is an unreasonable
imposition on the Development because the fire booster, Energex pad mount
transformer and bio-retention basin are required to be located on the boundary of the
Premises.
22 Condition 18 should be amended to exclude the fire booster, Energex pad mount
transformer and bio-retention basin from its set back requirements.
Condition 20 (Residential amenity)
23 Condition 20 seeks to protect the residential amenity of surrounding residents from
any detrimental impact.
24 Condition 20 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) | some detrimental impact on amenity will occur from time to time from the
approved uses, being commercial premises and short-term accommodation;
and
(b) | the impacts covered by Condition 20 should be limited to those that are
unreasonable.
25 Condition 20 should be amended by inserting the word “unreasonably” before the
word “detrimentally”.
Condition 21 (Party house and events)
26 Condition 21 seeks to restrain the use as a party house.
27. Condition 21 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) a party house is a separate use which is prohibited under the Planning Scheme
ZS ENVIRO. throughout the local government area; and
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& eS
= AR the Development has commercial tenancies on the ground floor which will be
3 ee = used for functions and people will attend to celebrate birthdays and other
= :
wp = 3 events.
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Document Set ID: 23711366
Version: 1, Version Date: 30/04/2025 Page 82 of 182See the original
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