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Delegated Report - Code - Planning MCU22 0087 [As Published]

of 42

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT
                      b.      will be returned upon receiving certification from the site Arborist that all requirements
                              nominated in the Arborist report referenced within this Decision Notice have been
                              completed
                      Retention of Existing Trees
               14.    The existing trees on adjoining properties must be retained and protected during construction
                      wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
                      operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
                      construction of the development which is the subject of this development approval.
                      Removal of Existing Trees and Vegetation
               15.    Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
                      well as optimum weed seed sterilisation.
                      Qualified Person
               16.    Qualified Person, for the purpose of:
                      a.      Supervising landscape works and preparing a landscape certification, is considered to
                              be a landscape architect, landscape designer or horticulturist with a minimum of three
                              years current experience in the field of landscape design.
                      b.      Undertaking landscape construction and establishment works is considered to be a
                              person with five years current experience in commercial landscape construction
                              projects.
                      c.      Undertaking, supervising tree works and preparing arboriculture certification, is
                              considered to be a person with a minimum three years current experience in tree
                              protection, hazard identification/mitigation and AS2303 assessment and either:
                              i.        International Society of Arboriculture (ISA) certification; or
                              ii.       A Diploma of Arboriculture.
                      d.      Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
                      Landscape Works
               17.    The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges
                      Register where:
                      a.      An inspection revealed that any constructed rehabilitation/landscape works do not
                              comply with the conditions of the Decision Notice, Approved Plans and or Approved
                              Documents
                      b.      Certification is submitted to Council falsely stating that works comply with the approved
                              plans, documents and or conditions of the Decision Notice.
               18.    Public amenity trees are defined as any tree located within public streets, parks or areas that
                      will become publically owned as a result of this development.
                      On Maintenance
               19.    Request for On Maintenance is the responsibility of the developer. No credit will be given
                      due to failure to request inspection. Maintenance works are the responsibility of the
                      developer and must include regular inspections, repairs, rectifications and establishment. A
                      single maintenance run immediately prior to inspection is not acceptable.
                      Off Maintenance
               20.    A re-inspection fee in accordance with Councils Fees and Charge Register will be charged
                      where:
                      a.      A Council inspection reveals works do not comply with approval requirements.
                      b.      Submitted certification falsely states works comply with approval requirements.

                                                                                                         Page 41 of 42

Document Set ID: 22374890
Version: 10, Version Date: 06/08/2023
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