Negotiated Report (Representations made) RAL26 0011 (As Published)

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                                                        • Bushfire Hazard Overlay (High Potential Bushfire
                                                            Intensity and Potential Impact Buffer)
                                                        • Flood Hazard Overlay Map (Waterways)
                                                        • Koala Habitat Area (Koala Priority Area and Core
                                                            Koala Habitat Area)

                    Assessment Type                 Representations made to original code assessable approval



               1.     BACKGROUND
               A development approval for a Reconfiguring a Lot – 1 Lot into 2 Lots & Access Easement was
               issued on 21 July 2026.
               The applicant suspended the appeal period and made representations on 4 August 2026 to the
               development approval conditions. The representations relate to Condition 8, which requires service
               provider certification from Energex, NBN and Unitywater, and Condition 9, which requires
               amendment of the existing access and services easement.
               2.     ASSESSMENT
               An assessment in relation to each of the submitted representations is provided below:
               Existing Condition 8 – Services
               8.     Certification must be submitted to Council from all relevant service providers (Energex, NBN
                      and Unitywater) which certifies that the development has met the requirements of this
                      Decision Notice and all applicable legislation at the time of construction.


               Applicant’s Request
               The applicant initially requested that Condition 8 be amended to remove the requirement for
               certification from Unitywater as the newly created lot did not contain a frontage with a connection
               to Unitywater infrastructure.
               Assessment of Request
               The condition is a standard Reconfiguration of lot condition which requires certification from all
               relevant service providers. The condition does not require certification from a provider unless that
               provider is relevant to the approved works and servicing arrangement.
               Following further correspondence, the applicant advised by email on 10 August 2026 that they
               agree that the wording of Condition 8 refers to certification from all relevant service providers and
               acknowledged that the condition can remain unchanged.


               Existing Condition 9 – Easement
               9.     The terms of the existing access and services easement (Easement C in Lot 1 on SP199340)
                      must be amended to include Lots 1 & 2 as identified on the approved plans and registered
                      against all affected lots prior to Council signing the plan of survey.


               Applicant’s Request
               The applicant initially requested that Condition 9 be deleted.
               Following further correspondence, the applicant advised by email on 10 August 2026 that Condition
               9 should instead be reworded to require the plan of subdivision to include a table allocating the
               benefit of the existing access and services easement, Easement C in Lot 1 on SP199340, to
               proposed Lots 1 and 2 in accordance with Section 22.6.3 of the Registrar of Titles Directions for
               the Preparation of Plans 2025.

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Document Set ID: 25037719
Version: 4, Version Date: 25/08/2026

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               Assessment of Request
               The intent of the condition was to ensure that any relevant easement terms and conditions were
               amended to reflect the newly created rear lot configuration. The applicant’s recommended changes
               to the condition are to more appropriately align with the titling requirements. Accordingly, the
               amended condition should require the plan of subdivision submitted for endorsement includes a
               table allocating the benefit of Easement C in Lot 1 on SP199340 to proposed Lots 1 and 2. This
               will ensure the easement benefit is carried forward in a clear and enforceable manner and that
               access and servicing rights are secured prior to Council endorsing the survey plan.
               The amended wording achieves the intent of the condition without requiring the terms of the
               existing easement instrument to be amended.
               The request to reword Condition 9 is supported.
               Recommendation
               It is recommended that Condition 9 be amended to reflect the applicant’s 10 August 2026 request.
                         9. The plan of subdivision submitted to Council for endorsement must include a
                            table which allocates the benefit of the existing access and services easement
                            (Easement C in Lot 1 on SP199349) to proposed Lots 1 and 2, as identified on the
                            approved plans, in accordance with Section 22.6.3 of the Registrar of Titles
                            Directions for the Preparation of Plans 2025.




               3.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme. The
               requested changes to the conditions do not raise any significant issues and are therefore
               supported. The application is therefore recommended for approval.
               The report is provided in accordance with Section 76 of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. RAL26/0011, and the representations made, Council on 20 August
               2026 decided to:
               A.     Agree to amend condition 9 to read as follows:
               9.     The plan of subdivision submitted to Council for endorsement must include a table which
                      allocates the benefit of the existing access and services easement (Easement C in Lot 1 on
                      SP199340) to proposed Lots 1 and 2, as identified on the approved plans in accordance with
                      Section 22.6.3 of the Registrar of Titles Directions for the Preparation of Plans 2025.




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Document Set ID: 25037719
Version: 4, Version Date: 25/08/2026