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

Representations:
Condition 16 is neither reasonable nor relevant as prescribed under the Planning Act 2016.
Condition 16 of the development approval requires the payment of a $25,000 performance bond. This
condition is unnecessarily onerous and is intended to ensure the fulfilment of all conditions of
approval. The bond amount will be returned less any costs incurred by the Council in respect of
enforcing performance of any condition. The condition is silent on how costs are to be calculated and
justified by the Council, which is problematic, specifically those conditions which are ongoing and to
be maintained.
We note compliance with conditions of approval is a legal requirement imposed on all applicants.
Non-compliance gives rise to enforceable rights and there are a number of options that are available
to Council in that event.
There are conditions that must be satisfied prior to commencement of use, whilst others are
operational conditions and are ongoing. The wording of this condition in its current form creates
confusion as to how this could be reasonably satisfied, particularly if the fulfilment of some
conditions is an ongoing obligation which will extend to the future owners of individual units.
Condition 25:
“The site must be landscaped generally in accordance with an Operational Works Permit”
Requested change
Amend Condition 25 to read:
“The site must be landscaped generally in accordance with the Landscape Concept Plan dated 17.03.22
and an Operational Works Permit”.
Representations:
Refer to representations made above in relation to Condition 2.
Condition 31:
“Tree Management Plan in accordance with AS4970-2009 detailing vegetation in the covenant to the
north of the site (Cov. I SP182845). The TMP will demonstrate the Tree Protection Zones and
Structural Root Zones of vegetation in the covenant are protected, to ensure the health and longevity
of vegetation in the covenant. If impacts proposed, offset planting may be required for any impacted
vegetation”.
Requested change
We suggest the inclusion of the words “Prepare a” at the beginning of Condition 31.
We also amendment of the final sentence of Condition 31 to read:
“If impacts are proposed, offset planting may be required within the covenant area for any impacted
vegetation”.
Representations:
This change is administrative in nature to ensure clarity of the condition when being implemented.
Condition 32:
“The report must be resubmitted to Council incorporating the above amendments prior to the issue
of any Development Permit for Operational Works”
Requested change:
Replace the word “report” with “TMP”.
Representations: