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Negotiated Decision Notice MCU20 0071 · MCU20/0071
This condition is imposed pursuant to s128 of the Planning Act 2016 being trunk
infrastructure.
Stormwater Drainage
49. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge.
50. Stormwater runoff from the development must be discharged into Council’s kerb and channel
in Moorindil and Toolar Streets in accordance with approved plans.
Electricity and Telecommunication Services
51. Reticulated electricity and telecommunication services must be provided in accordance with
the standards and requirements of the relevant service provider.
52. 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.
53. Certification must be submitted to Council from all relevant service providers which certifies
that the development has met the requirements of this Decision Notice and all applicable
legislation at the time of construction.
Easements
54. 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.
55. All 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.
56. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
57. All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as
supervision. Test results as required by AS 3798, and a certificate of quality and uniformity
of fill shall be provided by a RPEQ and submitted to Council prior to Council signing the Plan
of Survey
58. All earthworks and associated batters, foundations, anchors etc (both above and below
ground level) must be contained entirely within the subject site unless written permission
from the respective landowner(s) is provided to Council. All earthworks must be undertaken
in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks
for Commercial and Residential Developments.
59. Earthworks carried out on site must not affect the structural integrity of any of the existing
fences and/or structures and/or lands that border the development site. Fences that are
affected shall be replaced prior to the Building Certifier issuing the Certificate of
Classification.
60. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0 metre in height. All retaining walls
and steep batter that are publicly accessible must be fitted with a commercial grade safety
fence.
Damage to Services and Assets
61. 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:
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