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Decision Letter - Change to an Existing Approval [As Published] - 132005.699.03

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                                                                                           2005/699


     2847-DA-18          01      GFA – Level 3 & 4 – Blackburne               04-04-08
                                 Jackson Design

     and as may be amended by these conditions.
2.   The development must be undertaken and operated in a manner that causes no detrimental
     effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
     lighting nuisance or other emissions.
3.   The open space and setback areas within the area of the site able to be developed excluding
     the area of the site included in the Retained & Enhanced Vegetation, are to be landscaped in
     accordance with Council’s Policy on Landscaping Guidelines and a properly prepared
     landscape plan. Such landscaping is to be completed prior to the premises being occupied
     and maintained at all times thereafter and shall include:
     3.1.   retention of existing trees within the side and front setback areas, except where their
            removal would be necessary as a result of approved building or operational works;
     3.2.   retention of existing trees between the building and the area of the site identified as
            Open Space Conservation & Waterway on Drawing No. 881228/E, titled ‘Metes &
            Bounds Plan for Private Open Space for Conservation and Waterways Protection on
            Residential High Density (RHD) and dated 30 June 2004, except where their removal
            would be necessary as a result of approved building or operational works or the
            requirements of the Bushfire Management Plan;
     3.3.   incorporation of koala and glossy black cockatoo food trees; and
     3.4.   mature planting, including a minimum of 3 x 100 litre native trees and 20 x 45 litre native
            trees.
4.   The Eucalyptus tereticornis trees and their surrounding native vegetation on the area of Lot 5
     (Development Approval 23118 DA) shall not be cleared until at least 25 Eucalyptus tereticornis
     trees have been planted, are well established and attained 3 metres in height, in the Private
     Open Space for Conservation & Waterways Protection area on Lot 5. These works shall be
     undertaken pursuant to the Environmental Management Plan (EMP1) prepared by WBM
     Oceanics Australia and dated 25 July 2005 and the Ecological Restoration Plan &
     Specifications prepared by C&B Group and dated May 2005.
5.   An easement in favour of the general public shall be provided over the pathway proposed
     along the site’s southern boundary and through the Private Open Space for Conservation &
     Waterways Protection Area as shown on drawing No. 0215.5-6.SK04A prepared by Stephen
     Kidd Design or alternatively as shown on drawing no. 2847-DA-06 prepared by Blackburne
     Jackson Design and dated 4 April 2008. The pathway shall be constructed to provide for
     pedestrian access for the general public during daylight hours 7am to 7pm, 7 days a week and
     shall be constructed in accordance with the approved Management Plans for the site.
6.   Any fencing provided in conjunction with the development is to be setback at least 1 metre
     from the road frontage with at least half of any fence setback 2 metres. Dense landscaping is
     to be provided between the road frontage and any fencing.
7.   The balustrade of the rooftop terraces shall be setback 1 metre from the roof edge in
     accordance with the Planning Scheme.
8.   The rooftop terraces shall not be covered, with any fixed structure or the like.
9.   The plunge pool/spas shall be setback a minimum of 6 metres from the Private Open Space
     for Conservation & Waterways Protection, apart from those shown on Drawing No. 2847-DA-
     19 prepared by Blackburne Jackson Design and dated 18 April 2008, with excavations
     undertaken to minimise any impacts on vegetation in the adjoining Private Open Space for
     Conservation & Waterways Protection area.

                                                                                        Page 3 of 16

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