Ltr Representations for Negotiated Decision Notice - NBC Lot 22 (Final) 26.09.22 · MCU22/0038

  2.1                             Indicative plant palette – streetscape and 17.03.22
                                  entry landscaping, prepared by place
                                  design group
  2.2                             Indicative plant palette – bio basin 17.03.22
                                  landscaping, prepared by place design
                                  group
  3.1                             Indicative materials palette, prepared by 17.03.22
                                  place design group


Representations:
Renders and perspectives are not required to be lodged in support of a development application. As
stated in the development application material, the abovementioned renders and perspectives were
provided to Council for its information only.   Such renders and perspectives are not cadastral in
nature.     It follows that referencing such renders and perspectives as “approved plans of
development” in Condition 2 is problematic.
Further, we consider it more appropriate that the Landscape Concept Plan dated 17.03.2022 be
referenced in a general condition that requires the landscaping to be undertaken generally in
accordance with the Landscape Concept Plan dated 17.03.2022. It is also not appropriate for single
aspects or plans from the Landscape Concept Plan to be read in isolation, it should be read as a whole.
Please refer to proposed change to Condition 25 below which requires the development to be carried
out generally in accordance with the Landscape Concept Plan dated 17.03.22.
It is considered both appropriate and sufficient for Condition 2 to be limited to the architectural
package of plans submitted to Council by the Applicant, which include a Site Plan, Basement Plan 01,
Basement Plan 02, Ground Floor Plan, Level 01 Plan, Roof Plan, Sections and Elevations.

Condition 3
“The approved use must not commence until all works required by RAL 18/0023 have been completed”.
Requested change:
We request the deletion of Condition 3.
Representations:
Condition 3 is neither reasonable nor relevant as prescribed under the Planning Act 2016.
It is appropriate for the commencement of the use of this development to be conditional upon the
sealing of RAL 18/0023. As you are aware, RAL 18/0023 has recently been sealed.
Additionally, despite some works being bonded in the process of sealing RAL 18/0023, no
outstanding works are relevant to the effective treatment or operation of the proposed
development on Lot 22.
Condition 16:
“Security in the Form of a cash bond or trading bank guarantee to the sum of $25,000 must be submitted
to Council, to secure performance of all conditions of this approval, prior to a pre-start meeting. The
cash bond or trading bank guarantee will be returned on performance of the conditions of approval less
any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions”.
Requested change:
We request removal of Condition 16 from the conditions package.