Attachment 7 - Statement to the Court · RAL20/0005

     (b)    To allay Council’s concerns, are prepared to lodge a fresh development
            application for a combined material change of use and reconfiguration of
            lot;


     (c)    The Appellants’ proposal to lodge a fresh DA is without prejudice to the
            Appellants’ rights – if desired by the Appellants in due course – to have
            the current Appeal determined on the basis of resolution of the
            “piecemeal” issue and then, if that issue is decided in the Appellants’
            favour, determination of appropriate conditions of approval for the ROL
            alone.


3.   On the basis of the Appellants agreement to lodge the combined DA, the parties
     agree that that:


     (a)    While the combined DA is progressing, the parties will negotiate
            conditions of approval consistent with the works contemplated by Option
            1 for the ROL;


     (b)    Those negotiated conditions could then be supplemented with any further
            conditions that may be identified following the Council’s assessment of
            the combined DA;


     (c)    This approach would appear to be a sensible method by which to resolve
            the issues in dispute between the parties, rather than agitation of disputes,
            and determination of disputes, at this time, in the current proceeding.