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Decision Letter - Change to an Existing Approval [As Published] · 132005.2124.02

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                                                                                     2005/2124


4    ASSESSMENT MANAGER CONDITIONS

Land Use
1.   Development undertaken in accordance with this approval must generally comply with the
     approved plans of development. The approved plans are numbered and titled 0219.04 Street
     Level Proposed Plan, 0219.05 Podium Level Proposed Plan, 0219.06 Level 2 Proposed Plan,
     0219.10 North Elevation, 0219.11 South Elevation/Proposed New Entry and 0219.12 Section
     A-A prepared by Kidd + Co Designers and dated January 2006 and as may be amended by
     these conditions.
2.   The development must be undertaken and operated in a manner that causes no detrimental
     effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
     lighting nuisance or other emissions.
3.   The open space and setback areas are to be landscaped in accordance with Council’s Policy
     on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably
     qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to
     the premises being occupied and maintained at all times thereafter. These plans shall detail
     the retention of all significant vegetation located within the open space area fronting Main
     Beach, and shall specifically detail:-
     3.1.   the proposed treatment of the grass mound adjoining the northern property boundary;
     3.2.   the retention of mature vegetation to The Parade (Main Beach) frontage consisting of 5
            Palms and 12 Pandanus species;
     3.3.   the retention of the existing screening vegetation along the eastern and northern
            property boundaries;
     3.4.   Deleted;
     3.5.   planter box widths adequately sized to allow for the vegetation to be established within
            them; and
     3.6.   provision of vegetation of a similar to existing scale and density within planter boxes
            along the edge of the upper level deck fronting Hastings Street.
4.   Existing trees on the site and within road reserves are to be retained, except where required to
     be removed due to building operations or the conduct of the approved use. Landscape plans
     are required to be submitted and are to denote areas of existing vegetation and/or existing
     trees to be retained.
5.   The entry statement roof to The Parade (Main Beach) frontage shall be deleted.
6.   Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like,
     thus remaining as open structures.
7.   Security in the form of a cash bond or trading bank guarantee to the sum of $10 000 must be
     submitted, to secure performance of all conditions of this approval, prior to the issue of a
     Development Permit for Operational Works. The cash bond or trading bank guarantee will be
     returned on performance of the conditions of approval less any costs incurred by Council in
     respect of enforcing performance of this permit.
8.   The Development Permit for a material change of use of premises lapses if the use has not
     happened by 11 October 2011, unless an application to extend the currency is approved by
     Council.




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