2022-06-16 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                                  16 JUNE 2022


      a.    may be drawn upon by Council in its entirety if any one tree identified for retention is
            damaged to the point where the tree cannot be saved (as confirmed by the project
            arborist and agreed in writing by Council)
      b.    will be returned upon practical completion of all the operational works relating to this
            development.
Applicant’s position

We do not have objection to a bond being held against works. We do feel however that loss of a full
$30,000 is unreasonable. There is no provision to replace the tree nor adjustment of value for one
tree over many. We understand and appreciate the intent of this bond/guarantee is to deter works
from causing damage with an appropriate stick in the vent this is not respected.

We propose amended wording to (a) as follows –

 Council may request damaged trees to be replaced with a species of that which was damaged of
an appropriate size against the tree lost/damaged. In the event it is not replaced then Council may
call upon the Bond/bank guarantee to the value of the replacement tree, labour and associated works
to a 1.5 times value. In the event more than 5 trees are damaged the whole bond may be called
upon.

Officer response

Ensuring the protection of vegetation within the covenant area and the Environmental Management
and Conservation Zone is important, also noting the proximity of the works from these areas and the
potential risk for this vegetation to be damaged. Trees in these areas are mature trees and
consequently have a high value and not able to be replaced like for like and therefore the
recommended condition is considered appropriate.

Condition 56

56.    A permanent chain wire fence, at least 1.8 metres high, must be constructed along the entire
       length of the boundary of Lot 17 adjacent to Covenant J and along the full extent of the
       southern edge of the Environmental Management and Conservation Zone, with the exception
       of the 36 metre length of the swale where the fence is to be located on the northern side of
       the swale. The fence must be constructed in accordance with an Operational Works approval
       for Landscaping
Applicant’s position

We appreciate the need to ensure protection of the covenant J (OS7) area and buffer areas adjacent
and at the rear of our site. We hold no issue with fencing Covent J from the project site however ask
for flexibility on the presentation of this fence rather than being prescriptive. We wish to preserve the
aesthetic presentation for the new residents.

We do not support fencing the buffer area at the rear of the site for the following reasons. Fencing
would be unsightly creating an odd area as an isolated zone with no access for maintenance
including any litter which may be blown into the area. The area is not promoted as a usable space
by the project. The recreational pool area turns its back to this space restricting resident movement
into the area along with the proposed dog off leash area being fenced along this buffer line. In the
last remaining length of the area, we have positioned a bio-retention area and Building C is placed.
This demonstrates a careful consideration to restrict resident access whilst maintaining the ability to
maintain and preserve the area as is intended. This area is also located on a steep batter, which
would render the area unattractive for residents to wish to enter it. We feel this requirement is
unreasonable and not necessary. Further we wish to note that the covenant J wording already
requires specific fencing along the shared boundary with the project site.

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