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RAL23/0015 DEVELOPMENT APPLICATION TO RECONFIGURE A LOT (1 LOT INTO 2 LOTS & ACCESS EASEMENT) AT 11 BILLABONG WAY, TEWANTIN (Referred from Planning & Environment Committee Meeting dated 6 February 2024 - Item 5.1 - for further consideration) · Attachment 1 to the GC Minutes Dated 12 February 2024 – RAL23-0015 – Amended Conditions
ATTACHMENT 1 TO THE GC MINUTES DATED 12 FEBRUARY 2024 – (RAL23/0015) – AMENDED CONDITIONS When Conditions Must Be Complied With 1. Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment. Currency Period 2. This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 15 February 2028, unless an application to extend the currency period is approved by Council. Approved Plans 3. Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed in the tables below. Plan No. Rev. Plan/Document Name Date 23-5949AA - Plan of Proposed Reconfiguration of Lot 1 22.05.2023 on RP 805816 Plan 1 of 1 4. All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans. Plan of Development 5. The applicant must prepare a metes and bounds building envelopes plan indicating House site areas and effluent disposal areas for Lots 1 and 2. The areas must be in accordance with the approved plans. The plans must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The applicant must submit the plans to Council for approval prior to the endorsement of the Plan of Survey. Property Access and Driveways 6. Vehicle access to Lots 1 & 2 is limited to the constructed driveway only. A clause must be included in the contract of sale for Lots 1 & 2 which requires vehicle access to be from the constructed driveway only, and which prohibits the driveway from being relocated without Council agreement. Fencing to Protected Land 7. A permanent fence must be constructed along the entire length of the interface of Lots 1 and 2 with Heritage Park. The fence must be installed prior to plan seal and be to the following specifications: a. Min 1.5 1.2 metres high; b. Constructed to be dog proof; c. Constructed from fireproof materials. c.d. Be designed not to restrict flood conveyance Bushfire Management – Future Dwelling Requirements – Lot 1 8. All future dwellings on approved Lot 1 must be sited within a building envelope that is suitable for a Dwelling house and achieves a radiant heat flux exposure of less than 29kW/m2 from all boundaries. A minimum of a 14.2 metre wide asset protection zone from the building envelope to the eastern and southern boundaries is to be provided, and maintained in accordance with the following: a. Maintain understory and grass to meet no greater than 8 tonnes per hectare with grass no higher than 300mm.
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b. remove woodpiles, combustible material storage areas, large quantities of garden
mulch or any other form of stacked flammable materials.
c. Remove excess fuels and combustible material (long grass, dead leaves, bark and
branches).
d. Trim low branches two metres from the ground surrounding the building envelope.
e. Display a prominent house or lot number, in case it is required in an emergency.
f. Ensure there is adequate access to the property for fire trucks – 4 metres wide by 4
metres high, with a turn around.
9. A clause must be included in the contract of sale for affected lots which requires future
dwellings to be constructed in accordance with any building siting and construction
requirements specified in the conditions of this approval.
Bushfire Management – Future Dwelling Requirements – Lot 2
10. All future dwellings on approved Lot 2 must be sited in accordance with the approved building
envelope. A minimum of a 14.2 metre wide asset protection zone from the building envelope
to the eastern boundary is to be provided, and maintained in accordance with the following:
a. Maintain understory and grass to meet no greater than 8 tonnes per hectare with grass
no higher than 300mm.
b. remove woodpiles, combustible material storage areas, large quantities of garden
mulch or any other form of stacked flammable materials.
c. Remove excess fuels and combustible material (long grass, dead leaves, bark and
branches).
d. Trim low branches two metres from the ground surrounding the building envelope.
e. Display a prominent house or lot number, in case it is required in an emergency.
f. Ensure there is adequate access to the property for fire trucks – 4 metres wide by 4
metres high, with a turn around.
11. A clause must be included in the contract of sale for affected lots which requires future
dwellings to be constructed in accordance with any building siting and construction
requirements specified in the conditions of this approval.
Stormwater Drainage
12. Stormwater runoff from the development must be disposed of on site without causing scour
or damage to the subject site or any adjoining property.
Services
13. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider.
14. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
15. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Easements
16. An easement for drainage purposes must be registered in favour of Council against the title
of Lots 1 & 2 which convey overland flows. The easement must be of sufficient width to fully
contain the 1 in 100 year ARI flows from the local catchment encompassing the development.
The easement must be granted prior to Council signing the Plan of Survey.
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17. An easement for access and services purposes must be registered against the titles of Lot 2
in favour of Lot 1 over the proposed easement identified on the Approved Plans.
18. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
19. Easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
20. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
21. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.