2018-01-15 GC Agenda - Attachment 1 to Item 6 - P&E Court Appeal 344 of 2009

      Lot Layout
8.    The rear property boundary of Lots 16, 20, 21 and 22 must be setback 10 metre from
      the existing property boundary to Walter Hay Drive. The land area (10 metres)
      between the lots and Walter Hay Drive must be dedicated to the Crown as Reserve
      for Park.
      Acoustic Requirements
9.    An acoustic barrier must be constructed on Lots 16, 20, 21 and 22 for noise
      attenuation. The barrier must be constructed in accordance with an Operational
      Works approval and the following:
      (a)     the barrier must be positioned entirely within private property along the
              rear/eastern boundary of Lots 16, 20, 21 and 22 (adjacent to the reserve for
              Park boundary);
      (b)     the barrier alignment must be varied where necessary to preserve existing
              significant vegetation with all vegetation within the 10 metre setback
              maintained and protected during construction, unless varied by Council;
      (c)     the barrier must not include a mound;
      (d)     the barrier must be erected to a height indicated on the approved plan (as
              amended), and measured from the finished ground level of the site;
      (e)     returns must be constructed at each end of the barrier for a length indicated
              on the approved plan;
      (f)     the barrier must be constructed by the developer as part of Stage 3; and
      (g)     maintenance of the acoustic barrier in a good condition shall be the
              responsibility of the lot owner.
10.   Certification must be submitted to Council from a qualified person* which certifies that
      the acoustic barrier has been constructed in accordance with the requirements of this
      Decision Notice. *(Refer to Advisory Note)
11.   All dwellings (including two (2) storey dwellings) on Lots 16, 20, 21,22, 50 and 51
      must be sited within the Building Envelopes for Noise as shown on the approved plan
      number 12-49a-2 “Noise Barrier and BLE”, prepared by MWA Environmental dated
      30 May 2012 (as amended).
12.   For all two (2) storey dwellings on Lots 16, 20, 21, 22, 50 and 51, an acoustic report
      must be prepared by a qualified person* recommending design, material and
      construction requirements to achieve internal noise levels recommended by
      Australian Standard AS2107:2000 within habitable rooms using the methodology of
      AS 3671:1989 and all such dwellings must be constructed to these standards. The
      acoustic report must be submitted to Council prior to the issue of a building approval.
      *(Refer to Advisory Note)
13.   Prior to the issue of the Certificate of Classification for the dwelling houses on the
      affected lot’s, certification must be submitted to Council from a qualified person*
      which certifies that the development has been constructed in accordance with the
      acoustic report and the requirements of this Decision Notice.
      Park Dedication
14.   Park allotments must be dedicated to Council with each stage of the development in
      accordance with the approved plans.
15.   Park allotments east of Walter Hay Drive must be dedicated to Council with Stage 4
      of the development.
      Road Dedication / Closure Hollett Road
16.   The applicant must bear the costs associated with Council lodging a simultaneous
      road opening and road closure application to allow the existing road reserve to be
      consolidated into Council's freehold land (Lot 77 on SP 177938) and a new road


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