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

               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