PM Submission - Thomas Kearney - MCU18/0015

    The applicant also made changes to the design to ensure all of the piers were located clear of significant trees' roots.
    "Council agreed to settle the appeal, but required the applicant to implement a detailed tree protection plan and
    construction management plan for the works, and to cover the cost of having an arborist's visit the site periodically site
    during construction to inspect the works and ensure compliance," Ms Coyle said.
    "In April, council officers became aware the owners had started building the deck, but also an unapproved access tunnel
    from the deck, through the hillside, to a proposed lift shaft adjacent the house, further up the sloping block. This was
    contrary to the current development approval conditions for the site.
     "After inspecting the site, officers directed the builder to cease all unapproved works and stabilise the site."
     Council issued both the owner and builder with infringement notices totalling about $40,000 for breaching the
     development approval conditions.
     "Council officers were particularly concerned that earthworks had been carried out within the protection zone for a
     significant tree on the site," Ms Coyle said.

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