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

               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