2020-10-21 Final Order - Approval Conditions and Approved Plans - P&E Appeal No 61 of 2018 - RAL17-0504

      a)    the setback/s to any new boundaries for any existing buildings remaining on the
            site comply with the relevant provisions of the planning scheme and the Building
            Act 1975, unless varied by the development approval;
      b)    the constructed access and manoeuvring areas (including associated fill batters
            and retaining walls) are fully contained within common property, including the 6m
            wide by 8m deep turnaround bay required to facilitate efficient access and egress
            for emergency services;
      c)    the fire trail and easement are established inside the perimeter of the Bushfire
            Protection Zone on proposed Lot 1;
      d)    all utility services and connections (e.g. electricity, telecommunications, water,
            sewerage) are wholly located within the lot they serve or alternatively included
            within an easement;
      e)    all retaining walls and structures are fully contained within the lot they retain; and
      f)    any fill, including fill batters, are wholly contained within the subject site and not on
            adjacent properties.
Electricity and Telecommunication Services
36.   Underground reticulated electricity and telecommunication services must be provided to
      each lot in accordance with an approval for Operational Works and the standards and
      requirements of the relevant service provider.
37.   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.
38.   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.
REFERRAL AGENCY

The proposed development is to be consistent with the Referral Agency Response – with
conditions issued by the Department of State Development, Manufacturing, Infrastructure and
Planning, dated 29 January 2018 (refer attached).
ADVISORY NOTES

Aboriginal Cultural Heritage Act 2003
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 that is harming
or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal
cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations
under the ACH Act.
Infrastructure Charges




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