Notice of Appeal (sealed) 31Jan2023

Flooding

15. The development complies, or can be conditioned to comply, with the assessment
benchmarks of the Planning Scheme’s Flood Hazard Overlay Code mentioned in
Council’s reasons for refusal.

16. In the event of any noncompliance (which is not admitted), the Court ought to
exercise its discretion to approve the development taking into account the
following:

a. the development is designed to adequately minimise the risk of flooding on
site; and

b. the development would not create unacceptable adverse impacts for
neighbouring properties, including downstream properties.

Earthworks

|
| 17. The development complies, or can be conditioned to comply, with PO22 of the
| Medium Density Residential Zone Code.

18. In the event of any non-compliance (which is not admitted), the Court ought to
exercise its discretion to approve the development taking into account the
following:

a. the development is appropriately designed in response to the constraints of
the site, taking into account the intended use of the Land;

b. the development will not result in unreasonable adverse visual amenity
impacts;

c. the is no adverse impact which arises as a consequence of any non-
compliance with PO22 (if found).

Environmental Impacts

13. The development complies or can be conditioned to comply, with the assessment
benchmarks of the Biodiversity, Waterways and Wetlands Overlay Code referred to
by Council in its reasons for refusal.

14. In the event of any non-compliance (which is not admitted), the Court ought to
exercise its discretion to approve the development taking into account the
following:

a. the development is sensitive to the waterway and riparian buffer on the
southern portion of the Land;

b. the development will result in the rehabilitation of the Land, which
predominantly contains disturbed habitat, with cleared areas and non-
remnant vegetation dominated by invasive or introduced species;

c. the development will enhance ecological connectivity within and adjacent to
the Land; and