SUPERSEDED Negotiated Report (Representations made) OPW25 0042 (As Published) · OPW25/0042

               1.     BACKGROUND
               A development approval for Operational Works - Drainage Works, Earthworks was issued on 12
               August 2025
               The applicant suspended the appeal period and made representations on 28 August 2025 to the
               development approval conditions. The representations are detailed below but primarily relate to
               the compliance and municipal works bonds, extent of dilapidation reporting, and public
               engagement.
               2.     ASSESSMENT
               An assessment in relation to each of the submitted representations is provided below:
               Existing Condition 5
               5.     A site control and/or compliance bond of $100,000 is to be submitted to Council prior to the
                      pre-start meeting. The pre-start meeting will only be held once Council's Construction
                      Engineering Officer has confirmation that the bond monies have been received by Council.
                      The bond will be refunded less any costs incurred by Council in ensuring compliance with
                      these conditions or any additional inspections incurred for substandard work or work
                      undertaken not in accordance with this permit.
               Applicant’s Request
               The applicant has requested existing condition 5 be deleted due to a performance bond imposed
               under condition 28 of the higher order approval (132008.176.05).
               Assessment of Request
               The $200,000 performance bond imposed under condition 28 of the higher order approval
               (132008.176.05) and is intended to secure the performance of the conditions held within the higher
               order approval, not this Operational Works approval.
               The $100,000 compliance bond is imposed to secure the performance of the conditions held within
               this Operational Works approval – which includes conditions that are not included in the higher
               order approval. For example, condition 11 (Construction & Traffic Management, Dilapidation
               Reporting, Pavement & Traffic Impacts).
               Recommendation
               It is recommended existing condition 5 remain unchanged.


               Existing Condition 11c
               11.    An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
                      submitted to Council for agreement prior to the pre-start meeting and must specifically
                      address the following:
                      c.      A Dilapidation Report for the haulage route commencing from the Serenity Close cul-
                              de-sac and concluding at the Reef – Eenie Creek roundabout (inclusive). The report
                              must include:
                              i.       a video inspection of the defined route; and
                              ii.      an itemised list of each existing defect.
               Applicant’s Request
               The applicant has requested existing condition 11c be amended and replaced with the following
               amended condition:
               11.    An updated Construction/Traffic Management Plan and Traffic Guidance Scheme must be
                      submitted to Council for agreement prior to the pre-start meeting and must specifically
                      address the following:


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Document Set ID: 24109099
Version: 6, Version Date: 25/09/2025