2022-06-16 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                                 16 JUNE 2022


The requirement for a 1.5-metre-high wall was included to ensure that the room can not be used as
a bedroom due to concerns with the extent of ventilation and light available to the room.

It is acknowledged that other mechanisms may be available to prevent the room from being used as
a bedroom noting that the condition currently includes the wording that the study rooms must not be
used as bedrooms. The applicant’s request to delete the condition is not supported. It is also noted
that any Infrastructure Charges calculation would be based on the number of bedrooms available
within a unit.

It is recommended that the condition be re-worded to read:
5.    The study rooms must not be used as a bedroom with these rooms to have at least one wall
      with a maximum height of 1.5 metres or limited to sliding doors, concertina doors or the like.
      Study rooms are rooms detailed on the plans which do not include a bed within the furnishings
Condition 14
14.    Security in the form of a cash bond or trading bank guarantee to the sum of $100,000 must
       be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
       start meeting. The cash bond or trading bank guarantee will be returned on performance of
       the conditions of approval less any costs incurred by Council in respect of enforcing
       performance of this permit. Council reserves the right to call upon the bond or guaranteed
       sum to effect compliance with conditions
Applicant’s position
Condition 14 is open ended and does not appear to be attached to specific project work. The
purpose of plan sealing at the completion of a project is to ensure the development meets all
Development Approval conditions before sealing the plan. If it doesn’t, then simply the plans are not
sealed preventing us from moving forward until satisfied. We do not feel this condition is reasonable
nor specific enough to enable considered administration and satisfaction.

We ask this condition to be removed.
Officer response

A performance bond condition is consistently applied to development approvals which involve
significant works and is consistent with Planning Scheme Policy 5 - Performance bonds which notes
that the bonds are used as an incentive to a developer to construct properly or develop in accordance
with the conditions of approval. The bond is returned of completion of the development and on
satisfactory completion of the conditions determined by inspection.

The applicant’s request to delete the condition is not supported but the condition could be amended
to reduce the bond to $50,000 noting that a separate bond is recommended in relation to tree
retention and there is minimal works required on public land for the development.
It is recommended that the condition be re-worded to read:
14.   Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 must be
      submitted to Council, to secure performance of all conditions of this approval, prior to pre-start
      meeting. The cash bond or trading bank guarantee will be returned on performance of the
      conditions of approval less any costs incurred by Council in respect of enforcing performance
      of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect
      compliance with conditions.
Condition 20

20.   Each dwelling unit must be provided with access to an outdoor clothes line which is screened
      from public view.

Applicant’s position

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