Final Judgment - Court Order Approval MCU16/0153 REC16/0041

      Performance Bond
38.   Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 for
      stage 1 and $50,000 for stage 2 must be submitted to Council, to secure performance
      of all conditions of this approval, prior to the issue of a Development Permit for
      Operational Works. The cash bond or trading bank guarantee will be returned on
      performance of the conditions of approval less any costs incurred by Council in respect
      of enforcing performance of this permit. Council reserves the right to call upon the bond
      or guaranteed sum to effect compliance with conditions.
      Community Management Statement
39.   Any proposed Community Management Statement required for the development
      pursuant to the Body Corporate and Community Management Act 1997 must be
      submitted to Council for endorsement at the same time as submission of the Building
      Format Plan (or similar) to Council for compliance assessment.
      Sunset Clause for Completion of Approved Development
40.   Pursuant to s88(1) of the Planning Act 2016, the aspects of this development approval
      which have not been completed within 8 years of the date the development approval
      takes effect, lapse.
      Fauna Management
41.   Vegetation must only be removed or disturbed in accordance with a Fauna Management
      Plan (or part thereof) prepared by a qualified person* and endorsed through an
      Operational Works approval and include the following items:
      (a)   The Fauna Management Plan must address and demonstrate compliance with the
            requirements of Schedule 11 Part 2 Section 7 of the Planning Regulation 2017.
      (b)   Identify all koala habitat trees on plan
      *(Refer to Advisory Note)
      Landscaping Works
42.   The development site must be landscaped in accordance with a Council endorsed
      landscape package prepared by a qualified person*. The works must be undertaken in
      accordance with an Operational Works approval, Planning Scheme Policy 3 Landscape
      Plants and Guidelines and must include in particular:
      (a)   Clear integration of the Bushfire requirements for the site, including landscaping
            treatment to the western building setback area using low threat vegetation.
      (b)   Landscaping adjacent to the northern boundary of the subject land within the
            Rufous Street reserve and Rufous laneway to provide a visual buffer to the
            development.
      (c)   3m wide landscaping in the northern building setback area from Rufous Street and
            Rufous Lane to the dwelling units, such landscaping to comprise a combination of
            lawn and vegetation to facilitate a usable “backyard” space.
      (d)   Landscaping to the Rufous Street pedestrian link between dwelling units 13 and
            14.
      (e)   Landscaping to the eastern boundary adjacent the adjoining hotel boundary
      (f)   Landscaping to the Visitor accommodation Type 4 motel building and all other
            Visitor accommodation Type 4 dwelling units.
      (g)   Landscaping to the park areas in the north east and north west portions of the site
      (h)   Details of water quality treatment device plantings




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