Negotiated Report (Representations made) MCU26 0012 & OPW26 0034 (As Published) · MCU26/0012

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                    Assessment Type                 Representations made to original approval



               1.     BACKGROUND
               A development approval for a Material Change of Use - Dwelling house was issued on 27 April
               2026.
               The applicant suspended the appeal period and made representations on 13 May 2026 to the
               development approval conditions. The representations are seeking an amendment to the
               ‘earthworks compaction requirement’ of the Operational Works Permit requesting that the minimum
               standard be reduced from Level 1 to Level 2 compaction under AS 3798 – Guidelines on
               Earthworks for Commercial and Residential Development.


               2.     ASSESSMENT
               An assessment in relation to each of the submitted representations is provided below:
               Existing Condition


               Earthworks and Retaining Walls
               11.    All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
                      on Earthworks for Commercial and Residential Development, with geotechnical testing
                      undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
                      defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
                      uniformity of fill shall be provided by a RPEQ and submitted to Council.


               Applicant’s Request
               The representation relates solely to Condition 11 of Council’s Decision Notice issued on 30 April
               2026 for OPW26/0034.
               The applicant seeks an amendment to the earthwork’s compaction requirement, requesting that
               the minimum standard be reduced from Level 1 to Level 2 compaction under AS 3798 – Guidelines
               on Earthworks for Commercial and Residential Development.
               11. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
               on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken
               in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1 2' as defined in
               Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill
               shall be provided by a RPEQ and submitted to Council.


               Assessment of Request
               Agree.
               Development Engineering advise that the representation poses little risk to external properties and
               would be entirely contained to the subject site. Level 1 for a dwelling is also excessive.


               Recommendation
               It is recommended existing condition 11 be amended to read as follows:
               11.    All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
                      on Earthworks for Commercial and Residential Development, with geotechnical testing
                      undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1 2' as

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Document Set ID: 24817221
Version: 3, Version Date: 25/05/2026

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                      defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
                      uniformity of fill shall be provided by a RPEQ and submitted to Council.


               3.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme. The
               requested changes to the conditions do not raise any significant issues and are therefore
               supported. The application is therefore recommended for approval.
               The report is provided in accordance with Section 76 of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. MCU26/0012 & OPW26/0034, and the representations made,
               Council on 25 May 2026 decided to:
               A.     Agree to amend Condition 11 of the Development Permit for Operational Works to read as
                      follows:
               11.    All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
                      on Earthworks for Commercial and Residential Development, with geotechnical testing
                      undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2' as
                      defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
                      uniformity of fill shall be provided by a RPEQ and submitted to Council.




                                                                                                     Page 3 of 3

Document Set ID: 24817221
Version: 3, Version Date: 25/05/2026