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P & E Court Appeal No 344 of 2009 Judgement 5/07/13 - Hofmann · 152006.1999

of 36

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        *(Refer to Advisory Note)
        An easement in favour of Council for drainage purposes must be registered against
        the titles of the properties over the land area identified as being below the 1 in 100
        year ARI flood level on the subject site and over all stormwater quality improvement
        devices on private allotments. Areas covered by vegetation covenant are to be
        excluded from the easement.
        The easement must be granted at no cost to Council. The wording of the easement
        documentation must be in accordance with Council's standard easement document.
        Draft easement documentation must be submitted to Council for endorsement.
        No structures, including solid-type fences are to be located within areas of the
        allotment covered by drainage easement. No excavation, filling, or drainage works
        are to be commenced on an easement without prior written consent of Council.
        Maintenance of the area of the allotment covered by drainage easement rests with
        the landowner or occupier.
        Stormwater
        Concurrent with any application for Operational Works relating to this development, a
        detailed Integrated Water Management Plan must be prepared by a suitably
        experienced Registered Professional Engineer of Queensland (RPEQ) or equivalent.
        Ail water management and drainage systems must be designed in accordance with
        the detailed Integrated Water Management Plan and demonstrate compliance with
        the water quality objectives being total suspended solids (median) < 20 mg/L, total
        phosphorous (median( < 0.05 mg/L and total nitrogen (median) <0.5 mg/L OR meet
        the following load based reduction targets 80% total suspended solids removal, 60%
        total phosphorous removal and 45% total nitrogen removal. Compliance with water
        quality objectives shall be demonstrated using the MUSIC model. When
        demonstrating compliance with concentration based objectives, flows less than 10L/s
        shall be excluded from calculation of the median concentration. The concentration /
        load from each lot shall be representative of a lot containing an on site effluent
        treatment system. The detailed Integrated Water Management Plan must aiso be in
        accordance with the following:
        (a) The latest Water Sensitive Urban Design Technical Design Guidelines
               published by Healthy Waterways / Water by Design;
        (b) Queensland Urban Drainage Manual; and
        (c) Australian Runoff Quality.
        A stormwater quality treatment system must be provided for the development. The
        works must be undertaken in accordance with an Operational Works approval and
        the latest version of the Water Sensitive Urban Design Technical Design Guidelines
        for South East Queensland and the Water by Design Bioretention Technical design
        Guidelines, and must include in particular:
        (a) Swales and bioretention swales which:
                (i) must in accordance with the detailed Integrated Water Management
                        Plan;
                (ii) Stormwater from Lot 4 to 13 must be treated in swales / bioretention
                         swales located within the allotment;
                (iii) Stormwater from Lot 50 to 52 does not require treatment and must
                          not be included in the MUSIC model;
                (iv) Stormwater from Lots 1 to 3 and 14 to 49 must be treated in swales /
                        bioretention swales located within road reserve areas;
                (v) Bioretention swales must have a minimum base width of 1.0 metre;
's V.
            (vi) The use of any retaining walls within the road reserve must be
        i avoided;


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