(a) Amended fencing detail, indicating fencing along the eastern boundary to be metal/Colourbond fencing to a minimum height of 1.8m at the permit holders expense.

(b) Amended fencing notation to indicate that all new and upgraded fencing will be at the permit holders expense.

1. The development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority.
2. Once the development permitted by this permit has commenced, it must be continued and completed to the satisfaction of the Responsible Authority.

1. Before the development starts, a landscape plan to the satisfaction of the Responsible Authority must be prepared by a landscape architect (or similarly qualified person) and submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The landscape plan must include the following, unless inconsistent with any requirements arising from any Bushfire Management Plan approved for the site:

(a) Details of all proposed planting, including location and quantity, species names, approximate height and spread at maturity and planting size.

(b) A minimum of one canopy tree, capable of reaching a minimum mature height of 8 metres, within the front setback of the existing dwelling (minimum height of 1.5 metres at the time of planting).

(c) A minimum 0.5m landscaping on either side of the driveway.

(d) A minimum of one canopy tree, within the private open space of each dwelling (minimum height of 1.5 metres at the time of planting).

(e) A notation that synthetic grass will not be used as a substitute for any open lawn area within the subject land.

1. The landscape area(s) shown on the endorsed plan(s) must be planted and maintained to the satisfaction of the Responsible Authority and once landscaped must not be used for any other purpose. Maintenance must include the removal of weeds and the replacement of any dead plants in accordance with the endorsed landscape planting schedule.
2. Before the development is occupied, landscaping works as shown on the endorsed plan(s) must be completed to the satisfaction of the Responsible Authority.

1. The development permitted by this permit must not be in the opinion of the responsible authority adversely affect the amenity of the locality.
2. Any equipment required for refrigeration, air-conditioning, heating and the like must be located on the subject land or premises and/or must be suitably insulated for the purpose of reducing noise emissions, to the satisfaction of the Responsible Authority.
3. All external materials, finishes and paint colours are to be to the satisfaction of the responsible authority.
4. All works on or facing the boundaries of adjoining properties must be finished and the surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the responsible authority.
5. Any cut or fill must not interfere with the natural overland stormwater flow.
6. Any new fencing required as part of this development is to be constructed at the owner/developer's cost.
7. Stormwater runoff from all areas must be retained within the property and drained to the site's underground internal stormwater system.
8. No polluted and / or sediment laden runoff is to be discharged directly or indirectly into Council's drains or watercourses during and after development.

1. Prior to the occupation of the development, unless otherwise agreed to in writing by the Responsible Authority, the development must construct a minimum 3.5m wide permeable internal driveway to service the proposed dwelling to the satisfaction of the Responsible Authority.

1. Prior to the occupation of the development, unless otherwise agreed to by the Responsible Authority in writing, the permit holder must construct at no cost to Council, drainage works and the Council nominated point of discharge to the satisfaction of the Responsible Authority.

1. Prior to the commencement of any works associated with the development, detailed construction plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The construction plans must be drawn to scale with dimensions. The plans must include:

(a) Crossover details;

(b) Driveway construction and drainage details including driveway grades and indication of fall;

(c) Underground drainage details and supporting calculations.

1. Prior to the occupation of the development, all works as shown on the approved detailed construction plans must be carried out and completed to the satisfaction of the Responsible Authority.
2. Any road(s), footpath(s) and/or other infrastructure damaged as a result of the construction works (including but not limited to trenching and excavation for utility service connections, movement of vehicles and the likes), must be reinstated to the satisfaction of the Responsible Authority and at the cost of the permit holder.

1. Before works start, a Tree Protection Management Plan must be prepared by an arborist with a minimum of AQF Level in Arboriculture or equivalent. The Plan must be in accordance with the Australian Standard for the Protection of Trees on Development Sites (AS4970-2009), and provide the following:

(a) A plan showing the Tree Protection Zones (TPZ) and Structural Root Zones (SRZ) of Trees 25 and 33 overlayed with the proposed design.

(b) The total calculated encroachment of all buildings and works (including utility services) to the TPZ and SRZ of the trees retained on adjoining land.

(c) That all construction activity, utility or excavation works, including the installation of fence post footings, where within greater than 10% of the TPZ of any of the retained trees must be under the supervision of the Project Arborist and must be tree sensitive and will need to be dug by hand or by hydro-excavation to minimise root damage and loss of any major roots that are greater than 25-30mm in diameter. Any root pruning within greater than 10% of the TPZ area of any retained trees must be approved by and undertaken by the Project Arborist and all roots must be cleanly pruned with sterilised, sharp pruning tools. There must be no major (greater than 25-30mm in diameter) root pruning within the SRZ of any retained tree.

(d) All tree protection measures (including details of any fencing or ground protection treatment) to be undertaken during the construction phase.

The Tree Protection Management Plan must be to satisfaction of Responsible Authority and prepared in accordance with AS 4970-2009 Protection of Trees on Development Sites.

1. During the course of construction, any person undertaking works on the subject site must comply with the tree protection measures outlined in the endorsed TPMP.
2. The proposed crossover must be constructed of a permeable material and constructed above grade to not impact on tree roots, or the structural integrity of tree and tree health, to satisfaction of Responsible Authority.
3. Unless otherwise agreed in writing by Responsible Authority, the stormwater outlet that is planned to pass by the Council tree (tree 25) on Dry Creek Crescent must be bored underground to a minimum depth of 1.2 metres (1200mm) within the TPZ and must not be located within the SRZ to avoid impacting the structural roots of the trees, to the satisfaction of the Responsible Authority. Open trenching in TPZ is not permitted.
4. Any canopy pruning must be undertaken by a suitably qualified arborist with a minimum qualification of AQF Certificate Level 3 in Arboriculture and performed in accordance with AS4373-2007 Pruning of amenity trees and/or MIS308 Tree Pruning (Industry guidance on tree pruning considerations, operations, and techniques).
5. If required by the TPMP, any tree protection fencing and ground protection treatment must be erected prior to the commencement of works and maintained until the completion of the development to the satisfaction of the Responsible Authority. Such fencing and ground protection works must be maintained until the development is completed to the satisfaction of the Responsible Authority.
6. Unless otherwise approved by the Responsible Authority, during the course of construction, the area within any TPZ as shown on the endorsed TPMP must not be used for:

(a) vehicular or pedestrian access.

(b) trenching or soil excavation.

(c) storage or dumping of materials, tools, equipment or waste.

(d) construction of entry and exit pits for underground services.

(e) mechanical excavation including trenching.

(f) cultivating.

(g) parking vehicles and plant.

(h) refuelling.

(i) washdown and cleaning of equipment.

(j) soil level changes.

1. This permit will expire if one of the following circumstances applies:

(a) The development is not started within two (2) years of the date of this permit.

(b) The development is not completed within four (4) years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing by the owner or occupier either before the permit expires or in accordance with Section 69 of the Planning and Environment Act 1987.

[1] An Arboricultural Impact Assessment Report dated 22/11/2024 prepared by Mr Howell was circulated to the parties prior to the hearing. The statement did not meet the requirements of PNVCAT2 and was not circulated 14 days prior to the hearing. The parties did not oppose this evidence and had the opportunity to cross examine Mr Howell.

[2] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.