1. Before the developments starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions. The plans must be drawn to scale with dimensions. The plans must be generally in accordance with the plans TP A0.0, A1.0, A1.1, A1.2, A1.3, A2.0, A2.1, A3.0, A3.1 Revision F (Town Planning) prepared by Cubic Design dated 27 July 2018 but modified to show:
   • (a) Finished Floor Levels (FFL) of all garages included on the site plan;
   • (b) The west wall of Unit 1's master bedroom (excluding the ensuite) set back an additional 1m from the west boundary (spanning a distance of approximately 4m). Consequential internal modifications are be shown on the plans;
   • (c) In relation to Unit 3, the location of least five trees along the east boundary capable of reaching a mature height of at least 8m (between the front façade and north side of the master bedroom) to achieve a softening of this dwelling's east elevation;
   • (d) Plan notations clarifying that the horizontal wood cladding to the upper level wall at the southern end of the east elevation of Unit 3 is to span a distance of at least 5m northwards from the south-east corner of this dwelling;
   • (e) Plan dimensions for Unit 1's roof-top deck (maximum of 3.2m x 5.5m) and stair case element (2.2m x 5.5m and height of 2.5m above roof level);
   • (f) Plan notations indicating the use of obscure fixed glass balustrading to a height of 1.5m along the north side of Unit 1's roof-top deck;
   • (g) Plan notations showing the use of obscure glazing to a height of 1.7m to the north facing retreat and master bedroom windows of all three dwellings (or sill heights raised to a height of 1.7m above floor level) and to the balconies of Units 2 and 3;
   • (h) Dividing fences between the dwellings and front boundary in the front setback to be no higher than 1.2m and transparent (open pickets or similar) to maintain an open aspect between front gardens;
   • (i) Deletion of the proposed pedestrian pathways within the nature strip;
   • (j) A landscaping plan prepared by a suitable landscape professional, generally in accordance with the landscape plan drawn by Species Landscape Architecture, dated August 2018 Dwg 18087_L1.mod but modified to show:
     1. A survey (including botanical names) of all existing vegetation to be retained and / or removed as depicted in and consistent with the 'Site Demolish Plan A1.2' including retention of the palm trees along the rear northern boundary;
     2. The removal of Tree No. 2 and Tree No.3 located on the road reserve;
     3. Two (2) replacement trees indigenous to the local Ecological Vegetation Class to be planted within the road reserve;
     4. Vegetation marked for retention to be marked with protection barriers;
     5. A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity and quantities of each plant;
     6. A minimum of 1 tree to be planted in the front setback of each dwelling and a minimum of 1 tree and 1 large shrub to be planted in the private open space of each dwelling;
     7. The delineation of all excavation, garden beds, paving, grassed areas, retaining walls, fences and other landscape works;
     8. Landscaping and planting within all open areas of the site;
     9. 50% species selection by type and number must be to indigenous to the local Ecological Vegetation Class to the satisfaction of the Responsible Authority;
     10. All trees must to be installed at a minimum pot size of 250mm and height when planted of 1 metre and shrubs installed at a minimum pot size of 200mm;
     11. No trees with a mature height over five (5) meters are to be planted over proposed or existing easements; and
     12. The provision of notes regarding site preparation, including the removal of all weeds, proposed mulch, planting instructions, plant establishment procedures and any specific maintenance requirements.

1. The approved development, including the materials of construction, on the endorsed plans must not be altered or modified without the written consent of the Responsible Authority.

1. The materials and colours of the exterior finish of the development must be in accordance with the endorsed plans unless with the further written consent of the Responsible Authority.

1. Prior to the initial occupation of the development, external finishes must be completed to a professional standard to the satisfaction of the Responsible Authority.

1. Vehicular crossings must be provided to the standards of the Responsible Authority prior to the initial occupation of the development.
2. Driveways must be provided to the land and surfaced to the satisfaction of the Responsible Authority. They must be completed prior to the initial occupation of the development.

1. The extent of clearing of vegetation as shown on the endorsed plans must not be altered or modified without the consent of the Responsible Authority.

1. Prior to the occupation of the development (or other time agreed to in writing by the Responsible Authority) the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.
2. Landscaping must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced as soon as practicable.
3. Unless alternative arrangements are made to the satisfaction of the Responsible Authority, prior to the endorsement of the plans under Condition 1 of this permit, the applicant must make a cash contribution to the Responsible Authority for the supply and installation of two replacement trees in the road reserve.

1. The trees on the adjoining land must be protected from damage during development in compliance with the tree management process, tree protection zones and tree protection measures (including the erection of tree protection fencing) contained in Australian Standard AS 4970-2009 Protection of trees on development sites.
2. All excavation within the Tree Protection Zones (TPZ) of trees located on the adjoining land must be undertaken using a manual method which is non-destructive to tree roots in compliance with Australian Standard AS 4970-2009 Protection of trees on development sites. Any tree roots which require pruning must be cut with a clean sharp cutting implement with a final cut to undamaged wood at an angle which minimises the size of the wound. No roots over 50mm in diameter are to be cut unless under the direct supervision of a qualified Arborist.
3. Any pruning of trees on the adjoining land must be undertaken by a qualified arborist in compliance with the procedures and practices described in AS 4373-2007 Australian Standard pruning of amenity trees.
4. The owner and occupier of the site must ensure that, prior to the commencement of buildings and works, all contractors and tradespersons operating on the site are advised of the status of trees to be retained and are advised of any obligations in relation to the protection of those trees.
5. No trenching or soil excavation is to occur within the Tree Protection Zones of retained trees unless shown on the endorsed plans without the prior written consent of the Responsible Authority. No vehicular or pedestrian access, storage or dumping of tools, equipment or waste is to occur within the Tree Protection Zone.

1. Prior to the initial occupation of the development, all required privacy screening devices and fencing shown on the endorsed plans must be installed and completed to the satisfaction of the Responsible Authority.

1. After the endorsement of Condition 1 plans and before any works associated with the development starts, engineering plans prepared by a suitably qualified engineer, to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. Such plans are to be accompanied by drainage computations, including consideration of any drainage catchment external to the development that may drain to the proposed drainage system, to the satisfaction of the Responsible Authority.
2. Before the issue of an Occupancy Permit for any of the permitted dwellings, drainage works associated with the development must be constructed in accordance with approved engineering plans, and to the satisfaction of the Responsible Authority.
3. Before the initial occupation of the development, vehicle crossings, areas set aside for the parking of vehicles and driveways as shown on the endorsed plans must be constructed in accordance with approved engineering plans, surfaced with reinforced concrete and drained to the satisfaction of the Responsible Authority.
4. Car spaces and driveways must be kept available for these purposes at all times.

1. This permit will expire if one of the following circumstances applies:
   • (a) The development is not started within two (2) years of the issue date of this permit.
   • (b) The development is not completed within four (4) years of the issue date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

[1] 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.

[6] Landscape plan prepared by Species landscape architecture dated August 2018, Dwg 18087_L1.mod. Although not formally included in the bundle of amended plans which I substituted for the permit application plans at the start of the hearing, this plan was provided to the Council approximately 1 month before the hearing.