2019-12-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             10 DECEMBER 2019


Condition 34
An easement for sight line purposes must be registered in favour of the subject property against
the title of the adjoining property (Lot 5 on SP264847). The easement must be of sufficient
dimensions to fully encompass the necessary sight lines indicated on Change to Carparking &
Proposed Easements plan, Reference no. D-02391.01-C, dated 12.09.2019. This must be in
accordance with AS\NZS2890. The terms of the easement must be submitted to Council for
approval as part of the subsequent plan sealing application and be registered prior to the issue of
any Operational Works approval.
Applicant’s Representation
The easement providing the subject site with rights to protect sight lines over the adjoining lot
also require the adjoining lot (Lot 5 on SP264847) to have access rights to a car parking space
on the subject site. The rights as provided by both easement are not required until immediately
before the approved uses commence. In fact access is not possible or advisable to the
carparking space until the approved development is fully completed. Under such a situation the
easement documents and cadastral survey plan for these easement can be approved by Council
and the cadastral survey plan lodged with the State Title Registry for assessment for survey
content only. Lodgement of the easement documents and registration of the cadastral and
easement documents can follow through formal lodgement by the applicant’s solicitors. Under
such a circumstance, a solicitor's undertaking (or alternative acceptable to Council) could be
provided to Council as a condition of approval to confirm the easement documents will be
submitted with the Plan Registry Authority in conjunction with the Cadastral Survey Plan upon
completion of development works on the site and be registered before the approved uses
commence.
The applicant has requested to amend Condition 24 as follows: Appropriate sight lines from the
basement car park must be demonstrated with any operational works application and prior to
Operational works approval. Any associated easements must be registered and available prior to
the issue of an Operational works approval. The metes and bounds for the required easements
and required easement documents are to be approved by Council prior to the issue of the
development approval for operational works. Council requires a written undertaking from a
solicitor's (or alternative acceptable to Council) that confirms that the easement documents will
be submitted with the State Titles Registry in conjunction with the cadastral survey plan upon
completion of development works on the site and registered before the approved uses
commence on the site.
The applicant wishes to ensure that all works are actually located within the boundaries of the
new easement, and a survey is usually undertaken when the construction works are
completed. There is a requirement to construct the additional carpark at the front of the site and
register an easement over this carpark, however the new carpark cannot be constructed until
operational works approval is obtained.
The applicant has in light of the requested changes to Condition 24, requested the deletion of
Condition 34, as the requested changes to Condition 24 include the requirements outlined in
Condition 34.
Assessment of Representation
Existing Conditions 24 & 34 ensure that easements are created as soon as possible to prevent a
complete development which is ready to operate but cannot because the sight lines across the
neighbouring property are obscured and the development access is unsafe.
The applicant’s proposed change to Condition 24 is agreed in principle and meets Council
officers expectations with regard to mitigating the risk of access not being satisfactory when the
use on site commences. The suggested wording by the applicant has been amended for clarity
as per the recommendation above. It is also agreed that Condition 34 can be deleted, as
amended Condition 24 now includes those requirements currently outlined in Condition 34.



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