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

                              (b)      All required acoustic fencing and screening
                              (c)      A 2m wide concrete pedestrian pathway between the motel building and the
                                       adjacent IGA shopping centre
                              Nature and Extent of Approved Use
                      4.      The approval is for 19 x 3+ bedrooms Visitor accommodation Type 4 dwelling units, 1 x
                              manager’s unit and a Visitor accommodation Type 4 motel building which contains 10 x
                              2 bedrooms dwelling units and 22 x 1 bedroom accommodation units.
                      5.      The manager’s unit is for permanent occupation by the manager of the approved Visitor
                              accommodation Type 4 dwelling units.
                      6.      The approved units must be used for short term visitors only. The approved units must
                              not be occupied by persons for continuous occupation in excess of 90 days for each
                              calendar year. A register of occupation must be kept by the body corporate and made
                              available to Council upon request. The requirements of this condition must be included
                              in the Community Management Statement for any body corporate for the subject site. If
                              the development is to be staged the motel must be built in the first stage.
                      7.      Non-residential uses on the premises must not operate outside the hours of:
                              (a)      7am to 10pm Monday to Thursday
                              (b)      7am to 11pm Friday and Saturday
                              (c)      9am to 10pm Sunday or any public holiday
                              The requirements of this condition must be included in the Community Management
                              Statement for any body corporate for the subject site.
                      8.      Service vehicle movements associated with non-residential uses on the premises
                              (including loading and unloading) must not occur outside the hours of 7am to 6pm
                              Monday to Saturday and not at all on Sundays or public holidays. The requirements of
                              this condition must be included in the Community Management Statement for any body
                              corporate for the subject site.
                              Building Height
                      9.      The maximum height of the 19 Visitor accommodation Type 4 dwelling units and the
                              managers unit must not exceed 8 metres above the finished ground level and the natural
                              ground level, other than in respect of dwelling units 1, 8 and 9 which have a maximum
                              height as follows:
                              (a)      Dwelling Unit 1: 9.056m above natural ground level
                              (b)      Dwelling Unit 8: 8.602m above natural ground level
                              (c)      Dwelling Unit 9: 9.106m above natural ground level
                      10.     The height of the Visitor accommodation Type 4 motel building must be in accordance
                              with the approved plans.
                      11.     Certification must be submitted to Council from a Licensed Surveyor which certifies that
                              the buildings do not exceed the maximum height requirement of this Decision Notice.
                              Building Appearance
                      12.     All air conditioning units or other mechanical equipment must be located at ground level,
                              or otherwise fully enclosed or screened such that they are not visible from the street
                              frontages nor adjoining properties.
                      13.     All deck and balcony areas above ground floor must not be enclosed by permanent
                              fixtures such as shutters, louvres, glass panelling or the like, except where required to
                              satisfy any privacy condition of this Decision Notice.




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