2022-09-06 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 6 SEPTEMBER 2022


are required to be maintained for the duration of the development.
Discussions with the applicant have clarified that the primary concern relates to their perception
that there is no clarity on when the bond will be released as the conditions relate to the duration of
the development.
Assessment of Representation
The proposed condition is a standard condition that is applied to development approvals which
involve significant works. Planning Scheme Policy 5 - Performance bonds notes that the bonds are
used as an incentive to a developer to construct properly or develop in accordance with the
conditions of approval. However, it is not intended that the bond be retained for the life of the
development. It is recognised that the condition could be re-worded to provide greater clarity that
it is not intended for the bond to be kept for the life of the development as follows:
Security in the Form of a cash bond or trading bank guarantee to the sum of $50,000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to a pre-start
meeting. The cash bond or trading bank guarantee will be returned on performance of the
conditions of approval, related to the final inspection, 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.


Condition 53
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.
Applicant’s Representation
We conclude that the condition is not reasonable and propose the following amendment:
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).
Assessment of Representation
The condition seeks to preserve existing vegetation, which is to be retained within the covenant
area and the Environmental Management and Conservation Zone. The protection of this vegetation
is important noting the proximity of the works from these areas and the potential risk for this
vegetation to be damaged. Trees in these areas are mature trees and consequently have a high
value and not able to be replaced like for like and therefore the recommended condition is
considered appropriate. The proposed inclusion of a replanting option (ratio 1:2) does not provide
a satisfactory performance benchmark for the protection of the existing vegetation.
Notwithstanding, upon further review it is considered that the performance bond as detailed at
condition 14 is satisfactory to address non-compliance with conditions requiring the retention of
existing vegetation. Accordingly, it is recommended that condition 53 be deleted.



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