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REPS M2915 - Negotiated Decision Representations_200522
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Condition 2.2
The projection of the vertical screen across the front facade of unit 1 was intended to provide access behind the screen
for maintenance as well as additional articulation and shade for the ground floor tenancy. Council’s request to reduce the
depth to 350mm is not practical for construction or ongoing building maintenance. Accordingly, if the setback must be
reduced, it is proposed to incorporate a projection for the screen of 600mm, which results in a front setback of 5.4m. It is
sought that Condition 2.2 be amended as follows:
2.2 The depth of the vertical screen along the front façade of Unit 1 is to be reduced to 350 600mm; the outermost
projection of Unit 1 is not to exceed 5.45 5.4metres from the front property boundary
Condition 5 - Currency Period
5. This development approval lapses if the use has not happened by 29 March 2028, unless an application to extend the
currency period is approved by Council.
Comment
This requirement applies the default currency period under the Planning Act 2017. As such, it should be included in
Section 3 of the Decision Notice titled “3. Currency period of approval”, not in the approval conditions, as this is not a
“sunset clause” condition of a staged development.
Accordingly, we request that the currency period be included in Section 3 of the Development Permit and the Condition
be Deleted.
This development approval lapses if the use has not happened by 29 March 2028, unless an application to extend
the currency period is approved by Council. Deleted
Condition 15 - Fencing and Walls
15. Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front
boundary must not exceed a maximum height of 1.8m.
Comment
To enable greater flexibility and to facilitate the preservation of the existing trees and landscaping at the front of the site.
It is requested that Condition 15 be amended as follows:
15. Any street fencing must be set back an average of at least 1 metre from the front property boundary. Any
fencing on the front boundary must not exceed a maximum height of 1.8m.
Condition 16
16. The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing
from the street.
Comment
In consultation with the architect, it is considered impractical to completely screen all fencing when viewed from the
street. Accordingly, we request Condition 16 be amended to include the word obscured, as outlined below:
The area of land between the fence and the front property boundary must be densely landscaped to screen
obscure any fencing from the street.
JFP Ref: M2915 Page 11
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