Notice of Appeal_(Sealed)_1Dec2015 (PAE00394436-004)

16) The Decision Notice included condition 7.

7. The use must be undertaken in accordance with the Flood Management Plan RO1 vO02, by
Water Technology and dated 31/08/2015, subject to the following amendments;

a. A nominated flood warden be on site at all times during operation hours of the facility;

b. A contingency for a flood refuge area must be defined in the strategy in the event that
persons become trapped on site. The flood refuge area should be suitable for safe
refuge during an extreme flood event.

c. Flood warnings issued by the Bureau of Meteorology and/or Council must be added as
a trigger, in addition to the site's flood gauge.

The amendments must be incorporated into an amended Flood Management Plan which
must be submitted to Council prior to the issue of an Operational Works approval.

17) Condition 7 should be amended as follows:

7. The use must be undertaken in accordance with the Flood Management Plan RO1 v02,
by Water Technology and dated 31/08/2015.

a) This condition is not reasonable or relevant and is an unreasonable imposition on the
development.

PARTICULARS

(i) the Flood Management Plan RO1 v02, by Water Technology and dated 31/08/2015
(the FMP) adequately addresses flood mitigation and no further amendments are
required;

b) The condition, as part of the Development approval, has failed to have proper regard
to the lawful use of the Land and adjoining lands.

PARTICULARS

(i) the Land is in the Rural zone;

(ii) | the Land is in the Agricultural Land Conservation Area;

(iii) | the Land was used as a turf farm for the previous 30 years;

(iv) fertilisers were applied for the purpose of the turf farm;

(v) herbicides were applied for the purpose of the turf farm;

(vi) agriculture is an as of right use in the Rural zone;

(vii) tomatoes could be grown on every part of the Land previously utilised for a turf
farm without an approval;

(viii) the impacts of the proposed use are consistent with the lawful use of the Land.

c) The condition is not imposed as a consequence of the development as the impacts of
the proposed use are consistent with the lawful use of the Land.

18) The Decision Notice included condition 9.

9. An access driveway to service the existing dwelling must be provided extending from the
formation of Lake Macdonald Drive this to the property boundary. The works must be
undertaken in accordance with an Operational Works approval and must include in

— Mj particular a driveway crossover generally in accordance with IPWEAQ standard drawing
2" 056.

=o =) 19) Condition 9 should be deleted:

a) this condition relates to an existing dwelling that utilises the access which is seeking to
require an operational works approval for driveway crossover.
b) the condition is not required as a consequence of the development application.

 

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