11396_Council_Representation_260912 · MCU11/0254

heading of Acid Sulfate Soils, which suggests the real intent of the condition relates to acid sulphate
soils impact during the construction stage.

Accordingly, we request that Condition 24 be deleted or amended to only refer to the construction
stage of the development.

Condition 38

Condition 38 requires that all landscape works must be established and maintained in accordance with
horticultural best practice and that all plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached. This condition appears to largely be an unnecessary
duplication of condition 39. The second sentence of condition 38 is of particular concern to the
applicant which suggests that plant material cannot be appropriately and aesthetically pruned and
maintained.

Accordingly, we request that Condition 39 be deleted in its entirety or at minimum the second
sentence of the condition deleted.

Conditions 41 – 43

Conditions 41 – 43 require an easement to be created over the pathway along the south eastern
boundary in favour of Council for maintenance access purposes. White not stated it is obvious the
maintenance access is for the adjoining park reserve. This condition is neither relevant to nor
reasonably required with respect to the development and places an unreasonable imposition on the
development.

Discussions were held with Council during the assessment of the application in relation to bushfire
management and the potential to clear some of the park reserve boundary line for bushfire
management and maintenance access purposes. It was made clear to the applicant that Council had
sufficient area within the existing park reserve for access and maintenance of the park area without
the need for further clearing.

It is further relevant that both the subject site and the park reserve were created under the same
reconfiguring a lot application/approval. Comprehensive reporting and assessment was undertaken at
the time of both environmental and bushfire management issues. As a result Lot 4 is encumbered
with both environmental covenants and bushfire setback requirements. Rehabilitation and
maintenance plans were also required for the park reserve. Should access to the park reserve have
been deemed necessary, the original reconfiguration would have been the appropriate time to address
the matter. It is unreasonable to now further encumber an already substantially encumbered
property with this easement requirement, particularly as it was made clear during the application
process that sufficient maintenance access to the park exists.

Accordingly, we request that Conditions 41 – 43 be deleted.

Condition 44

Condition 44 requires an Environmental Awareness and Education Brochure to inform purchasers of
the significance of the adjacent bushland reserve. This condition is neither relevant to nor reasonably
required with respect to the development and places an unreasonable imposition on the development.

This condition adds further unnecessary cost impediment upon the developer and serves no real
purpose. There are no provisions of the planning scheme to suggest this is warranted or necessary.
Should Council deem this necessary then it would be more effective for such brochure to be prepared
and supplied by Council.