07/0070 - Representation in response to following conditions [As Published] · 132007.70

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lot which is code assessable development and two detached dwellings which are also code
assessable development due to the Biodiversity overlay across the site.

It is noted that the Reconfiguration of a Lot Code and the Biodiversity Code do not require the
provision of a visitor carparking space for detached houses. Further it is noted that the Probable
Solutions of the Detached house Code ($25.1) indicates that only one carparking spaces is
tequired to be provided on site. The proposal complies with the probable solution and provides
well in excess of the required two spaces for the development by the provision of two double
garages which provides carparking for four spaces on the site. Therefore the requirement for the
visitor carparking space is not warranted or required by the planning scheme.

The applicant is also concemed about the loss of vegetation that would be required as a result of
construction of the visitor space.

Amended Condition 37 and 43: The applicant requests that Council delete conditions 37 and 43.

Condition 67: A registered easement in favour of Council shall be created over any
overland flow path within the site that conveys stormwater from a Council
road. The easement shall extend the full length and width of the ‘1 in 100
year major storm event surface flow path and be created at no cost to
Council.

Condition 68. A registered easement in favour of Council shall be created over any
Stormwater drainage pipes within the site that convey stormwater from
any adjoining property (for example, where drainage pipes are provided
within the site to prevent adjacent properties from additional
ponding/iooding due to the subject site being filled). The easement is to
be centrally located over the pipework with a minimum width of 1.5m or
be of sufficient width to ensure all associated pits and pipes are wholly
contained within the easement. The terms of the easement shail include
the responsibilities on the beneficiaries of the easement to maintain the
drain so as to be operational — at all times.

Representation to Conditions 67 and 68:

The applicant is concerned about the implications of these conditions on the development. The
applicant has not yet commenced final drawings for the development and is concemed that the
conditions may be quite onerous and severely impact on the overall design of the buildings. Further
the implications of this condition on stormwater requires extensive engineering consideration and
design which would be more appropriately dealt with as part of any application for operational
works. The applicants designer therefore requests that the conditions be deleted from the
Reconfiguration of a Lot approvals and be incorporated into any Operational Works application.

Amended Condition 67 and 68: ‘delete’
The applicants therefore request that Council issues a negotiated decision notice which amends
the original conditions as suggested above.

Please do not hesitate in contacting our office if Council requires any further information.

Yours faithfully

INC OLe~.

Nadine Gorton
Senior Planner
Martoo Consulting Pty Ltd