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

of 46

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                              (i)      Details of the landscaping treatment to the western portion of the site between the
                                       road and the reserve.
                              (j)      Details of any fencing and gates, including acoustic fencing, the fencing to the
                                       shopping centre and the Rufous Street and Rufous Lane and any fencing to the
                                       western reserve.
                              (k)      Details of protection methods to be engaged to protect trees located on the
                                       northern and southern boundaries.
                              (l)      the western boundary of the IGA supermarket development, within that
                                       development site.
                              (m)      Native trees of a minimum bag size of 100L to replace existing trees to be removed
                                       from the site, at the rate of 1 replacement tree for every tree removed that has a
                                       diameter greater than 200mm measured at 1.2 metres from ground surface level.
                      43.     All landscape works must be established and maintained in accordance with the
                              approved design for the life of the development, and in a manner that ensures healthy,
                              sustained and vigorous plant growth. All plant material must be allowed to grow to full
                              form and be refurbished when its life expectancy is reached.
                      44.     All landscape works must be maintained generally in accordance with the approved
                              design for the life of the development.
                              Bushfire
                      45.     All works must be carried out in accordance with a Bushfire Management Plan prepared
                              by a qualified person* and endorsed through an Operational Works approval which
                              includes:
                              (a)      Details in accordance with the Final Negotiated Agreement for Bushfire, dated 18
                                       October 2018, for Appeal 4066 of 2017 including:
                                       (i)     Amended drawings demonstrating functional bitumen or concrete one-way
                                               4.0 metre wide access for motor vehicles between the western boundary of
                                               the IGA site and the eastern landscape edge of the Visitor accommodation
                                               Type 4 motel building to Sandpiper Court generally in accordance with
                                               Annexure A to the agreement.
                                       (ii)    Motel Emergency and Evacuation Plan including a Bushfire Preparedness
                                               Manual prepared for the annual use of the Body Corporate. This manual
                                               must include an evacuation plan that has a training schedule when any fire
                                               season reaches “extreme” and a requirement that in the event of a bushfire
                                               the motel carpark will be locked preventing guests evacuating by vehicle.
                                       (iii)   Landholder Information Kit for residential dwellings, which detail landscape
                                               treatments, safe egress routes and general bushfire safety
                              *(Refer to Advisory Note)
                              (b)      Pedestrian emergency access out to the north.
                              (c)      Provision of 4 Fire hydrants will be provided along the western access edge. These
                                       must have both urban and rural fittings suitable for Fire Brigades.
                              (d)      Provision of information regarding the functionality of the Bushfire Management
                                       Plan, if the development is staged.
                      46.     A copy of the Bushfire Management Plan for the development must be provided to the
                              nearest fire authority.




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