2019-04-18 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                             18 APRIL 2019


         Easements
         18.   Unless otherwise agreed in writing by the relevant service provider, any public or
               third party infrastructure located on the subject site must be placed within an
               easement registered against the title of the property.
         19.   All easements must be designed in accordance with the planning scheme and
               granted at no cost to the Grantee. Where the Grantee is Council or a service
               authority, the easement documentation must be in accordance with the Grantee’s
               standard easement terms. Draft easement documentation must be submitted to
               Council for endorsement.
         20.   All works must be kept clear of any existing or proposed easements on the subject
               land, unless agreed otherwise in writing by the Grantee.
         Earthworks and Retaining Walls
         21.   All fill and associated retaining walls/batters must be contained entirely within the
               subject site unless written permission from the respective landowner(s) is provided
               to Council. All earthworks must be undertaken in accordance with the provisions
               of Australian Standard AS3798: Guidelines on Earthworks for Commercial and
               Residential Developments.
         Damage to Services and Assets
         22.   Any damage caused to existing services and assets as a result of the development
               works must be repaired at no cost to the asset owner at the following times:
               a.    where the damage would cause a hazard to pedestrian or vehicle safety,
                     immediately; or
               b.    where otherwise, upon completion of the works associated with the
                     development.
               Any repair work which proposes to alter the alignment or level of existing services
               and assets must first be referred to the relevant service authority for approval.
         Performance Bond
         23.   Security in the form of a cash bond or trading bank guarantee to the sum of $5,000
               must be submitted to Council, 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. Council reserves the right to call upon the bond or
               guaranteed sum to effect compliance with conditions.
    B.   Find the following are sufficient grounds to justify the decision despite the conflict with
         the Planning Scheme:
         1.    Some sport and recreational uses are accepted in the Industry Zone given the
               potential impacts of sport and recreation uses; and
         2.    The fitness centre relies on a large floor area that can be facilitated in an Industry
               zone, unlike other zones where it would be difficult to locate.
    C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                                            Carried.




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