090644_Council_Representation_010811 · 132008.169

Conditions 35 - 37
Conditions 35 – 37 require assessment and certification by an independent consultant. The wording
of „independent consultant‟ is ambiguous and does not provide for certainty with the condition. It is
reasonable to expect that the works are certified by a “suitably qualified and accredited consultant”,
which is a standard and appropriate requirement for developments.


Accordingly, we request that Conditions 35 – 37 be amended to delete the word „independent‟.


Condition 42
Condition 42 requires a peer review of the stormwater management plan. This imposes unnecessary
additional cost burden on the applicant and fails to recognise the professional qualifications and
experience of the stormwater management engineering consultant. Further, this assessment and
review role is Councils responsibility as assessment manager for operational works. This condition is
neither relevant to nor reasonably required in respect of the development and places an unreasonable
imposition of the development.


Accordingly, we request that Condition 42 be deleted.


Condition 46
Condition 46 prohibits stormwater infiltration pits. This condition is overly restrictive as it is
common/acceptable practice in sandy soils to adopt stormwater infiltration as a means of dissipating
increased pots development flows. Without infiltration a large on site detention system will be
required with will have impact on both site impact and development cost. This condition is neither
relevant to nor reasonably required in respect of the development and places an unreasonable
imposition of the development.


Accordingly, we request that Condition 46 be deleted.


Item 6
Item 6 details required plan amendments. The plan amendments detailed effectively amount to a
part refusal of the application and is contrary to the first paragraph of the Decision Notice which
states ”Council decided to approve the application in full subject to conditions”.

Accordingly, we request that all amendments which are tantamount to a part refusal be deleted as
this is contrary to the Decision which approves the application in full.


Should you have any questions with respect to the above, please do not hesitate to contact me direct.

Yours faithfully
KHA DEVELOPMENT MANAGERS




Scott Sobey
DIRECTOR