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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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       reserve (minimum 22 metres) opened over the existing track and new road formation
       in HoHeit Road. Plan sealing of Stage 1 must not occur until such time that the road
       opening / closure application has been completed and the road constructed. An
       infrastructure agreement setting out the obligations of the Council and the Applicant
       in respect of obtaining approval for the road opening and road closure must be
       prepared and executed within 3 months of this approval taking effect, unless further
       extended by agreement between the parties.
       Performance Bond
17. Security in the form of a cash bond or trading bank guarantee in the sum of $60,000
       must be submitted to Council, to secure performance of all conditions of this
       approval, prior to the issue of the first Development Permit for Operational Works.
       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.
CIVIL ENGINEERING
       External Works
18. Hollett Road must be upgraded for the length of its frontage to the subject site and
       extending to the west to Eumundi Noosa Road. The works must be undertaken in
       accordance with an Operational Works approval for the relevant stage and must
       include in particular:
       (a) Stage 1 - that part of Hollett Road extending from the prolongation of the
              eastern boundary of Lot 9 to the existing formation of Hollett Road at a point
              approximately 100 metres from Eumundi Noosa Road must be:
               (i) Designed and constructed with a 7 metre wide kerb to kerb formation
                       (flush kerb may be used where applicable);
               (ii) Constructed such that it is immune from flooding during a peak 10
                       year ARI event and has maximum depth of inundation of 250 mm
                       and DV < 0.6 during a peak 100 year ARI flood event. Crossings
                       shall be constructed such that there are no offsite flood impacts on
                       land not owned by Council. Further, the road crossings shall be
                       constructed such that they do not change the standing water level
                       within the land upstream of the road;
               (iii) Aligned generally along the centreline of the existing track and varied
                       where necessary to preserve existing significant vegetation;
               (iv) A temporary turnaround facility must be constructed adjacent to the
                       eastern boundary of Lot 9. The temporary turnaround facility must
                       be in accordance with an Operational Works approval and must be of
                       sufficient size to accommodate the 3-point turn manoeuvre of a
                       Waste Collection Vehicle (WCV);
               (v) Intersections with the proposed interna! road;
               (vi) Installation of street lighting at the intersections and elsewhere as
                       required; and
               (vii) Connection to and reinstatement of the existing property accesses
                       along Hollett Road.
               These works must be completed prior to the sealing of the Survey Plan for
               Stage 1.

       (b) Stage 2 - that part of Hollett Road extending from the prolongation of the
V v, eastern boundary of Lot 9 to the eastern boundary of Lot 49 shall be:
 j Ii (i) Designed and constructed with a 7 metre wide kerb to kerb formation
/<:'''// (flush kerb can be used where applicable);

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