2019-09-30 Special Meeting Agenda - Item 1 - Attachment 4 - Court Judgement

                              Performance Bond
                      38.     Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 for
                              stage 1 and $50,000 for stage 2 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.
                              Community Management Statement
                      39.     Any proposed Community Management Statement required for the development
                              pursuant to the Body Corporate and Community Management Act 1997 must be
                              submitted to Council for endorsement at the same time as submission of the Building
                              Format Plan (or similar) to Council for compliance assessment.
                              Sunset Clause for Completion of Approved Development
                      40.     Pursuant to s88(1) of the Planning Act 2016, the aspects of this development approval
                              which have not been completed within 8 years of the date the development approval
                              takes effect, lapse.
                              Fauna Management
                      41.     Vegetation must only be removed or disturbed in accordance with a Fauna Management
                              Plan (or part thereof) prepared by a qualified person* and endorsed through an
                              Operational Works approval and include the following items:
                              (a)      The Fauna Management Plan must address and demonstrate compliance with the
                                       requirements of Schedule 11 Part 2 Section 7 of the Planning Regulation 2017.
                              (b)      Identify all koala habitat trees on plan
                              *(Refer to Advisory Note)
                              Landscaping Works
                      42.     The development site must be landscaped in accordance with a Council endorsed
                              landscape package prepared by a qualified person*. The works must be undertaken in
                              accordance with an Operational Works approval, Planning Scheme Policy 3 Landscape
                              Plants and Guidelines and must include in particular:
                              (a)      Clear integration of the Bushfire requirements for the site, including landscaping
                                       treatment to the western building setback area using low threat vegetation.
                              (b)      Landscaping adjacent to the northern boundary of the subject land within the
                                       Rufous Street reserve and Rufous laneway to provide a visual buffer to the
                                       development.
                              (c)      3m wide landscaping in the northern building setback area from Rufous Street and
                                       Rufous Lane to the dwelling units, such landscaping to comprise a combination of
                                       lawn and vegetation to facilitate a usable “backyard” space.
                              (d)      Landscaping to the Rufous Street pedestrian link between dwelling units 13 and
                                       14.
                              (e)      Landscaping to the eastern boundary adjacent the adjoining hotel boundary
                              (f)      Landscaping to the Visitor accommodation Type 4 motel building and all other
                                       Visitor accommodation Type 4 dwelling units.
                              (g)      Landscaping to the park areas in the north east and north west portions of the site
                              (h)      Details of water quality treatment device plantings




Document Set ID: 20933247
Version: 1, Version Date: 16/07/2019