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

               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