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

This change is administrative in nature to ensure clarity of the condition when being implemented.
Condition 33:
“Prior to the prestart meeting, a bank guarantee or a bond of $30,000 must be lodged as security for the
protection of the tree/s identified for retention in the conditions of this approval. The bond:
a) may be drawn upon by Council in its entirety if any one tree identified for retention
   is damaged to the point where the tree cannot be saved (as confirmed by the
    project arborist and agreed in writing by Council)
b) will be returned upon practical completion of all the operational works relating to
   this development”.
Requested change:
We request Condition 33 be amended as follows:
“Prior to the prestart meeting, a bank guarantee or a bond of $30,000 must be lodged as security for the
protection of the tree/s identified for retention in the conditions of this approval. The bond:
a) may be drawn upon by Council in its entirety if any one tree identified for retention
   is damaged to the point where the tree cannot be saved (as confirmed by the
    project arborist and agreed in writing by Council); and
b) the tree cannot be rehabilitated elsewhere on the site via new stock at a replanting ratio of 1:2 (in a
   location to be agreed to in writing by Council).

The bond will be returned upon practical completion of all the operational works relating to
this development (where a) and b) above are met)”.
Representations:
Condition 33 of the development approval requires the payment of another bond as security to ensure
the protection of trees on the site.
Whilst we do not object to the performance bond for the protection of trees and recognise the
importance of fulfilling the requirement of this condition, the current wording of the condition is too
rigid and does not account for contingencies such as accidental tree removal arising from site works.
We request that Condition 33 is amended to provide a reasonable degree of flexibility, in the instance
a tree was accidentally damaged on the site. The intent of the condition will remain and will ensure
the trees are protected or otherwise rehabilitated elsewhere on site. A replanting ratio of 1:2 provides
further incentive to avoid impacts to existing trees on the site.
Condition 40:
“Provision of amended plans incorporating the tandem carparking arrangement, together with the SRV
and ambulance bay shown on plans SK01, SK02 and SK03 prepared by SLR and dated 13/7/22, (with the
wheel stop deleted from the ambulance bay and the ground level carparking plan modified for
compatibility with the provision of that modified service vehicle arrangement) as amended by the
conditions of this approval”.
Requested change:
We request the deletion of Condition 40.
Representations:
On the basis that Council accepts Stockwell’s representations made in relation to Condition 43
above, there is no longer a need for the provision of tandem car parking in the development. It is
therefore appropriate for Condition 40 to be deleted.