Cover Letter_Precinct E2_CDA_FINAL

We note that previous representations were made that this condition should be either deleted or amended to
allow structures and / or swimming pools in the rear 2 metres of these blocks. We maintain our previous
position, and reiterate that this has significant design implications for these buildings and will also adversely
impact on the area of useable outdoor open space for future occupants of these units.

It is understood that Council imposed the requirement that no structures or swimming pools are to be located
within a 2m landscape setback primarily to ensure that existing vegetation (including koala food trees) along the
Resort Drive frontage are retained. The proposed development achieves this landscape outcome without the
need to setback pools and structures an additional 2 metres. In particular, a significant number of trees will be
retained along the Resort Drive frontage as required by conditions 20e and 21 of the Negotiated Decision.

An updated Vegetation Management Plan (VMP) which is currently being prepared will demonstrate the number
of trees able to be retained, subject to arborist certification during the detailed engineering phase of the project.
The VMP will demonstrate the “tree protection zones” of all trees to be retained, the majority of which are
anticipated as being clear of the construction zone for the plunge swimming pool and boundary fences. In
addition, where it is practical to do so, directional drilling techniques will be utilised to construct utility services
along Resort Drive, to ensure tree retention.

To assist Council’s assessment of the proposed change to condition 65, the following information will be
submitted under separate cover:

         Arboricultural assessment of trees to be retained;
         Updated Vegetation Management Plan showing current architect layout and trees proposed to be
          retained;
         Landscape Concept Plan demonstrating landscaping outcomes along the site frontage and within the
          private open space of Blocks 10-12.

In addition to the above, it is proposed to maintain the opportunity for occasional pedestrian access to the rear of
Blocks 10, 11 and 12 for garden and pool maintenance only. The proposed restriction to access to Resort Drive
will be included within the Community Management Statement for the development.

We therefore request that this condition be amended to read as follows:-

65        The rear 2 metres of Blocks 10, 11 and12 is to be extensively landscaped and no structures or swimming
          pools are to be located in these areas. No access is to be Access, where provided from the rear of these
          Blocks 10, 11 and 12 to Resort Drive, is limited to garden and pool maintenance access only. No
          vehicular access is permitted.

3.0       ASSESSMENT AGAINST PROVISIONS OF PLANNING ACT 2016

Further to the provisions of s78(1) of the PA2016, and in accordance with Schedule 2 of the PA2016, it is
recognised that a “minor change” is defined as follows:-

          minor change means a change that—
          (b)    for a development approval—
                 (i)     would not result in substantially different development; and




JFP Ref: M2652/E2                                                                                                   Page 9