Scan 102271-21122016-1231

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                    Section a. to c. of this condition is imposed pursuant to s665 of the Sustainable
                    Planning Act 2009 being non-trunk infrastructure.
                   Section d. of this condition is imposed pursuant to s646 of the Sustainable
                   Planning Act 2009 being necessary trunk infrastructure identified by Council's
                   LGIP."
 6         Conditions 35(c) and (d) are:
           (a)     not relevant to, and are an unreasonable imposition on, the development or
                   use of premises as a consequence of the development;
           (b)     not reasonably required in relation to the development or use of premises as a
                   consequence of the development;
           (c)     vague and uncertain; and
           (d)     unenforceable to the extent that they require access to land owned by third
                   parties.
7         In the premises:
          (a)      the Appeal should be allowed; and
          (b)      the Development Application should be approved subject to the removal of
                   conditions 35(c) and (d) of the Negotiated Decision Notice dated 29 November
                   2016.




Signed             cS:~a~:::H1-~AAJl
                   Solicitor for the Appellant




If you are named as a respondent          in this notice of appeal and wish to be heard in this
appeal you must:
(a)    within 10 business days after being served with a copy of this notice of appeal,
       file an entry of appearance in the Registry where this notice of appeal was filed or
       where the court file is kept; and
(b)    serve a copy of the entry of appearance on each other party.
The entry of appearance should be in Form PEC - 5 for the Planning and Environment
Court.
If you are entitled to elect to be a party to this appeal and you wish to be heard in this
appeal you must:
(a)   within 10 business days of receipt of this notice of appeal, file a notice of election
      in the Registry where this notice of appeal was filed or where the court file is kept;
      and
(b)   serve a copy of the notice of election on each other party.
The notice of election should be in Form PEC - 6 for the Planning and Environment
Court.




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