Negotiated Decision Notice - MCU24 0125, OPW24 158 & RAL24 0021 (As Published) · MCU24/0125

                      Damage to Services and Assets
               44.    Any damage caused to existing services and assets as a result of the development works
                      must be repaired at no cost to the asset owner at the following times:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      where otherwise, upon completion of the works associated with the development.
                      Any repair work which proposes to alter the alignment or level of existing services and assets
                      must first be referred to the relevant service authority for approval.
               LANDSCAPING
                      General
               45.    Where damage occurs to any Council asset as a result of the development works, it must be
                      repaired immediately where it creates a hazard that presents risk to person or property. Other
                      damage must be repaired prior to completion of works.
               46.    All works must be constructed, and work procedure undertaken in accordance with:
                      a.      The approved plans/documents and conditions detailed in this Decision Notice.
                      b.      The relevant conditions of the higher order Material Change of Use approval viz
                              MCU24/0125 to which this approval relates.
                      c.      All relevant Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines.
                      Retention of Existing Trees and Vegetation
               47.    All trees and vegetation identified for retention must be protected in accordance with AS
                      4970, Protection of trees on development sites.
               48.    A qualified person * must be engaged for the duration of the works to:
                      a.      Oversee installation of all tree protection fencing prior to commencement of any works
                              onsite (including any clearing).
                      b.      Supervise tree protection within the development site and frontages, prior to, during
                              and following construction in accordance with AS 4970, Protection of trees on
                              development sites.
                      c.      Supervise and undertake necessary tree protection for all trees affected by the
                              development on neighbouring Lots. This includes tree identified in the approved
                              arborist report as outside project scope within the neighbouring properties east of the
                              development site. Where trees within neighbouring properties are found to be unsafe
                              due to works relating to this development approval, the developer is solely responsible
                              for the removal and replacement of these trees.
                      d.      Oversee approved tree removal in proximity to retained trees.
                      e.      Undertake a risk assessment of all trees on neighbouring properties affected by the
                              development within striking distance of the development works and site and carry out
                              hazard removal and amenity pruning in accordance with AS 4373, Pruning of amenity
                              trees.
                      *(Refer to Advisory Note)




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Document Set ID: 24095782
Version: 12, Version Date: 05/09/2025