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Information Response - Lodgement
Attached to the e-mail Information Request Response - REC17/0022.
At this stage, we have obtained a copy of the draft bylaws from our clients solicitor for the proposed CMS for the
Principal Community Title Scheme, as follows:-
Bushfire Management Plan
• The Body Corporate, Owners and Occupiers acknowledge they are aware of the Management Plan and agree
to comply with the Bushfire Management Plan to the extent that it applies to them. The Owners and Occupiers
are to be informed about:-
the requirement for the approved Bushfire Management Plan to be complied with at all times for the life
of the Scheme and the use of the premises;
the potential bushfire hazard on the site;
their responsibility for fire management; and
the measures available for ongoing fire hazard mitigation.
• This by-law was included to satisfy condition [to be inserted] of the development approval for the Scheme,
being the decision notice dated [to be inserted].
Storm Water Management Plan (SWMP)
• The Body Corporate, Owners and Occupiers acknowledge they are aware of the Management Plan and agree
to comply with the Storm Water Management Plan to the extent that it applies to them. The Owners and
Occupiers are to be informed about the requirement for the approved Storm Water Management to be
complied with at all times for the life of the Scheme and the use of the premises.
• This by-law was included to satisfy condition [to be inserted] of the development approval for the Scheme,
being the decision notice dated [to be inserted].
We further note that any proposed CMS required for the development pursuant to the Body Corporate and
Community Management Act 1997, must be submitted to Council for endorsement through the plan sealing
process. As such, this offers Council the opportunity to review the bylaws and ensure that appropriate
mechanisms are in place.
Notwithstanding, the MCU approvals to which the abovementioned reports specifically relate, and are
appropriately referenced required that the principles of the Bushfire Management Plan and Stormwater Report
are appropriately implemented in any case. This offers a two-fold mechanism to ensure compliance with
conditions.
3. Details of all proposed access easements between lots.
Response
Refer to the amended proposal plan which identifies the extent of proposed access easement. The length of
access easement proposed aligns with the requirements of conditions of 132005.1133.5 and further extends
across Lot 6 to the end of Resort Drive (for completion). This length of easement is intended to be provided
incrementally as the development proceeds, but is anticipated as being fully in place prior to the completion of
the development.
As discussed at our meeting of 9 August 2017, further access easements over remaining driveway areas are not
intended as being provided, as these will be appropriately managed through their inclusion in areas of Principal
Common Property under the Principal CTS. Pursuant to the Body Corporate and Community Management Act
1997, it is noted that such areas of common property are effectively owned by all persons (or entities) that are a
party to the CTS as tenants in common (in shares proportionate to their interest).
JFP Ref: M2652 Page 7
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