Negotiated Report (Representations made) MCU24 0022 · MCU24/0022

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               It was also identified that the driveway had not been constructed to council standard when the
               dwelling was constructed. The development permit issued was conditioned to require a further
               operational works permit to undertake works to reconstruct the driveway crossover lawfully and
               remove/reinstate the verge where the car park has been installed.




                                   Figure 1 – Streetview showing existing (unapproved) frontage works
               The applicant suspended the appeal period and made representations on 3 June 2024 to the
               development approval conditions. The representations are detailed below but primarily relate to:
               •      Contesting the requirement for frontage works and street upgrades to be undertaken in
                      accordance with an operational works approval
               The applicant has requested the works to be conditioned without the need for a separate
               operational works approval.
               2.     ASSESSMENT
               An assessment in relation to each of the submitted representations is provided below:
               Condition 13
               13.    Adam Street must be upgraded for the length of its frontage to the subject site. The works
                      must be undertaken in accordance with an Operational Works approval and must include in
                      particular:
                      a. removal of the gravel carpark adjacent to existing driveway crossover; and
                      b. reinstatement of the verge area to match the balance of the site frontage, including the
                      provision of topsoil and turf where the existing verge is grassed.


               Applicant’s Representation
               We seek to suspend the appeal period and make the following change representations to delete
               the wording strikethrough below to condition 13 of the decision notice:
               13. Adam Street must be upgraded for the length of its frontage to the subject site. The works must
               be undertaken in accordance with an Operational Works approval and must include in particular:
               a. removal of the gravel carpark adjacent to existing driveway crossover; and
               b. reinstatement of the verge area to match the balance of the site frontage, including the provision
               of topsoil and turf where the existing verge is grassed.


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Document Set ID: 23050928
Version: 5, Version Date: 04/07/2024

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               The owner understands the gravel carpark adjacent to the crossover shall be removed and
               reinstated with grass. There is no requirement for a separate operational works application for
               these works.
               Please amend the condition and issue the negotiated decision at your earliest convenience.


               Assessment of Representation
               Internal advice was sought from engineering on the request to amend part of Condition 13,
               removing the requirement for an operational works permit to undertake the remediation works
               along the frontage of the subject site.
               Recommendation has been provided to uphold the original condition within the decision notice in
               full and therefore refuse the representations made.
               The required reinstatement works are to take place in the road reserve and as such need to be
               undertaken in accordance with a separate development permit for operational works. It is noted
               that Condition 14 already requires and necessitates the need for an operational works approval for
               the driveway crossover. It would be reasonable for the reinstatement works to be included in the
               same application as the one required for the driveway crossover.

               There are no proposed changes to the approved plan.


               3.     CONCLUSION & REASONS FOR DECISION
               The applicant had made representations on 3 June 2024 to amend part of Condition 13 of the
               decision notice issued by council on 17 May 2024 for a Material Change of Use - Home-based
               business (Home hosted accommodation).
               The request was made to amend Condition 13 as follows:
               13.    Adam Street must be upgraded for the length of its frontage to the subject site. The works
                      must be undertaken in accordance with an Operational Works approval and must include in
                      particular:
                      a. removal of the gravel carpark adjacent to existing driveway crossover; and
                      b. reinstatement of the verge area to match the balance of the site frontage, including the
                      provision of topsoil and turf where the existing verge is grassed.
               The request made in the representations has been refused by council on the basis that:
               •      Condition 13 is considered reasonable and relevant
               •      The nature of the works required facilitate the need for an operational works approval
               •      An operational works approval is required already by virtue of Condition 14
               •      A future operational works application can be combined between the driveway crossover
                      and the frontage (verge) works




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Document Set ID: 23050928
Version: 5, Version Date: 04/07/2024

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               RECOMMENDATION
               With regard to Application No. MCU24/0022, and the representations made, Council on 28 June
               2024 decided to:
               Refuse to the representations made for the following reasons:
               1.     The remediation works are to be undertaken on land in which council is the authority and
                      trustee;
               2.     The remediation works would require reasonable and relevant conditions which are specific
                      to an operational works approval;
               3.     An operational works approval is already required by Condition 14 of the original decision
                      notice, and;
               4.     The remediation works can reasonably be combined with the operational works application
                      for the driveway crossover.




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Document Set ID: 23050928
Version: 5, Version Date: 04/07/2024