Delegated Report - Code - Planning MCU25 0021 (As Published) · MCU25/0021

               9.     All landscape works must be established and maintained in accordance with the approved
                      design for the life of the development, and in a manner that ensures healthy, sustained and
                      vigorous plant growth. All plant material must be allowed to grow to full form and be
                      refurbished when its life expectancy is reached.
               10.    All planting areas on the eaves must be planted and maintained at all times, with replacement
                      planting undertaken promptly where plants fail or do not have a healthy and vigorous growth.
                      Site Access and Driveways
               11.    A sealed access driveway must be provided from Park Crescent to all parking and
                      manoeuvring areas of the development. The works must be generally in accordance with the
                      approved plans and undertaken in accordance with an Operational Works approval. The
                      works must include in particular a driveway crossover generally in accordance with Council’s
                      Standard Drawings RS-049 and RS-050.
                      Stormwater Drainage
               12.    Stormwater runoff from the development must be discharged to Park Crescent or disposed
                      of on-site without causing scour or damage to the subject site or any adjoining property.
                      Damage to Services and Assets
               13.    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.
                      Geotechnical Stability
               14.    All works must be carried out in accordance with a Geotechnical Report for the site prepared
                      by a qualified person*. Certification must be submitted to Council from a qualified person*
                      which certifies that the site is not at risk from landslide emanating from the site or from other
                      land.
                      *(Refer to Advisory Note)
               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               Not applicable.
               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Aboriginal Cultural Heritage Act 2003
               1.     There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
                      approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
                      The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
                      carries out an activity must take all reasonable and practicable measures to ensure the
                      activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
                      duty of care. Substantial monetary penalties may apply to individuals or corporations
                      breaching this duty of care. Injunctions may also be issued by the Land and Resources
                      Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity


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Document Set ID: 23619632
Version: 6, Version Date: 16/05/2025