Judgement - 11C Church Street

      Retention of Existing Trees
47.   Existing native trees on the site and in the road reserve within proximity to the culvert
      works must be assessed by a qualified person* and retained and protected where
      possible. Where mature trees are to be removed, reasonable grounds must be given by
      the qualified person*.
      *(Refer to Advisory Note)
      Land Rehabilitation
48.   The land area associated with the southern waterway identified for rehabilitation on the
      approved concept landscape plans must be rehabilitated / revegetated and removed of
      all weeds species listed in the following standards and legislation:
      a.     declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate
             Regulation 2016).
      b.     Planning Scheme Policy 2 Landscaping and
      c.     Biosecurity Plan 2020 pest plants listed in Schedule 1 part 3, Schedule 2 and Non-
             scheduled invasive species.
      Rehabilitation plans must be designed in accordance with the Planning Scheme Policy
      2 – Landscaping. The works must be undertaken as part of stage 1 and be completed
      prior to the commencement of the use.
      The works must be undertaken in accordance with an Operational Works approval.
      *(Refer to Advisory Note)
49.   The land area identified for rehabilitation associated with the southern waterway on the
      Approved Plans must be transferred to Council in fee simple on trust for Environmental
      purposes. The land to be transferred is “non-trunk infrastructure” for the purposes of the
      Planning Act 2016. The area must be transferred prior to the commencement of use of
      the first stage.
      For clarity, the area to be transferred is defined as being from the drainage structures,
      retaining walls and bioretention basin batters of the entire east-west length of
      development footprint and extending to the southern boundary of the development site.
50.   The land area to be transferred must be unencumbered by services such as pump
      stations, services easements or similar operational uses.
51.   The land owner/developer must be responsible for all costs associated with the transfer
      of the land, including the requirement to obtain a valuation for the land from a registered
      property valuer and to pay all stamp duty upon transfer.
52.   One original signed and 'stamped' Queensland Land Registry Transfer of Ownership
      and Forms 1, 24 and 20 must be lodged with Council for endorsement prior to the
      registration of title, together with a survey plan and a copy of the land valuation.
53.   A 3-metre wide stabilised access track must be provided from Church Street extending
      6 metres into the area to be dedicated to Council , and must meet the following minimum
      standards:
      a. Designed to withstand Austroads Class 2 Vehicle usage
      b. Formed of material that results in a stabilised surface
      c. Take into consideration drainage from retaining walls / drainage outlets and provides
           appropriate design measure to cater through flows under or over the path.
      d. Designed by a suitably qualified RPEQ

      The works must be undertaken in accordance with an Operational Works approval.



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