Negotiated Decision Notice - 010.2007.00001447.001 [As Published] · 132007.1447

                                                  -3-                                  2007/1447



Building Services
11.   The works must be undertaken in a manner that causes no detrimental effect upon the
      amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
      hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in
      accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or
      Council’s Local Law No. 12 – Control of Nuisances.
Land Development
Lot Amalgamation
12.   All lots and parts of lots that form part of this application shall be amalgamated in accordance
      with the Lot Reconfiguration Development Permit 07/1490. Further the lot reconfiguration shall
      be in accordance with Section 3.7.3 of the Integrated Planning Act and the Plan of Survey
      submitted for registration at the Land Titles Office. Proof of title being issued for the
      amalgamated lot shall be submitted to Council prior t the issue of the Development Permit for
      Operational works.
Vehicle Access
13.   A vehicular access driveway to serve proposed unit 1 of the development shall be constructed
      from the Grant Street frontage of the site with a maximum width of 4.5m. Vehicle access to the
      proposed unit 2 of the development shall be from the existing access driveway at the rear of
      the site.
14.   The driveway shall be designed and constructed to Council’s design standards and to grades
      that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
      movements along the footpath without any step or level difference. Should any driveways be
      constructed to grades that do not comply with AS/NZS 2890.1-2004, Council will require that
      the driveway be removed and reconstructed to levels that do comply.
      Please note, a step between the driveway and the footpath shall be avoided, as it is preferred
      to have the footpath continue at a constant grade to minimise the potential for pedestrians to
      trip or fall.
15.   To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath,
      the driveway and any associated fencing or vegetation near the driveway in Grant Street and
      at the intersection of the rear access driveway and Banksia Avenue shall comply with the
      minimum sight line requirements as defined in AS2890.1, section 3.2.4. The applicant shall
      demonstrate compliance by illustrating these sight lines on the plans submitted for both
      Operational Works approval and Building Works approval.
16.   All vehicles shall enter and leave the site in a forward direction.
Vehicle Access Easement
17.   A vehicle access easement shall be created over that part of the adjoining property (proposed
      Lot 4) required to allow vehicles reversing from the eastern most carspace for Unit 2 on Level
      1 to manoeuvre and exit the site in a forward direction along the access driveway to Banksia
      Avenue in a total of 2 movements. The easement shall benefit proposed Lot 3 and burden
      proposed Lot 4.
      In this regard, plans submitted for Operational Works approval shall accurately show the
      location of the easement. In addition to this the Applicant’s Solicitor shall give Council’s
      Solicitor an appropriate undertaking in writing that the Title Deed and the easement
      documents will be lodged at the Land Titles Office and any additional Titles Office forms or
      requisitions requiring the consent of Council will be attended to promptly.
      A duly executed copy of the easement shall be submitted to Council for perusal prior to the
      use commencing.
      Any changes required by Council’s Solicitor must be corrected immediately.
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