Sealed Judgement Neate 1219 of 2020 · MCU18/0015

                  C.    be located generally in accordance with the alignment depicted on the
                        Nominal Maintenance Path Route Plan dated 19 May 2025;
                  D.    not involve the removal of any tree identified for retention in the Approved
                        Plans. If the route of the path passes through a tree protection zone of a
                        tree identified for retention, the establishment of that area of the path must
                        be overseen by a level 5 arborist to ensure there are no significant impacts
                        to the trees to be retained; and
                  E.    only be used for maintenance access and not for any other activities or
                        infrastructure.
43.   If a provision included in the covenant document is requisitioned or refused registration by
      the relevant titles authority, a substitute provision must be included in the document which
      as nearly as practicable addresses the objective sought by the requisitioned or refused
      provision. The wording of the substitute provision must be agreed by Council.
      Earthworks
44.   All excavation/fill and associated batters must be contained entirely within the site unless
      written permission from the respective landowner(s) is provided to Council. The works must
      be undertaken in accordance with an Operational Works approval.
45.   All earthworks must be undertaken in accordance with the Approved Plans and the provisions
      of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential
      Developments.
46.   All retaining walls must be designed and constructed in accordance with the Approved Plans
      and the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height.
47.   All earthworks must include the installation and maintenance of appropriate erosion and
      sediment control measures. Prescribed Water Contaminants (as defined in Schedule 10 of
      Environmental Protection Regulation 2019) must not be released from the site or to waters
      within the site, or be likely to be released should rainfall occur, unless all reasonable and
      practicable measures are taken to prevent or minimise the release and concentration of
      contamination.
48.   Fill material placed over services must not impose any additional surcharge loading on the
      service.
49.   Excavation must not be carried out within 600mm of any utility infrastructure (to top, sides
      and base of services). A retaining wall must be provided to support the soil surrounding utility
      infrastructure where proximate to excavation activities.
50.   Compaction with a vibrating roller must not be carried out within 600mm of any utility
      infrastructure.
51.   Earthworks required on site must be carried out in accordance with Council’s Planning
      Scheme Policy PSP6 - Engineering Design Standards, so as not to cause the additional
      ponding of water on any adjoining lands or concentrate or direct overland flow on to an
      adjoining property.
      Stormwater Drainage and Infrastructure
52.   Stormwater runoff from the development must be discharged to the creek located within the
      site without causing scour or damage to the site or any adjoining property. Stormwater works
      must be undertaken in accordance with an Operational Works approval.
53.   A stormwater drainage pipe must be installed in accordance with the requirements of the
      Approved Plans, particularly the report of Dr Trevor Johnson, unless otherwise varied by the
      following specific conditions:
      a.    the stormwater drainage pipe must be installed between the upper part of the site, near
            the dwellings, and the existing creek to enable disposal of stormwater runoff from the
            development to the creek;



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