(3) The impracticality of the shared bathroom arrangement in the eastern wing of the building on the upper bench area. The plans should incorporate a separate bathroom arrangement for guests somewhere within the existing structure that meets the requirements of the Building Code of Australia for a tourism facility involving the numbers of visitors proposed. The sewage disposal field needs to be able to accommodate the required number of toilets (without any increase in size given proximity to the creek and vegetation). The applicants need to provide sufficient information in this regard (by report or appropriate certification of the plans) before any grant of consent.
As part of any consent conditions
(4) The need for a more detailed vegetation management plan, sewage and stormwater management plans, and services design. The vegetation management plan needs to include (as a minimum) specific restoration objectives, work programs and planting schedules to achieve those objectives, regular reporting requirements, properly detailed plans showing work stages, measurable and quantifiable goals over time, continuing management for the life of the development, and the need for all works to be carried out under the supervision of people holding relevant qualifications in bushland management. This plan must take into account the sewage management proposal and the design of all services. With respect to the sewage, stormwater, and services design it is important that the conditions require submission and ongoing compliance with specific location and performance objectives for all three aspects of the development through appropriate management plans. The conditions need to ensure that the details with respect to all of these matters accord with the current proposal and the evidence about the proposal (namely, that other than in respect of one tree there is no requirement for vegetation removal on the eastern slope or upper bench area and the development, including sewage system, pool, spa and the like, will not adversely impact on the long-term health and retention of bushland or the creek system). The Council accepted that all of these matters were capable of regulation by condition and there is insufficient evidence to suggest to the contrary. Nevertheless, these matters are of such importance to the development functioning as proposed that the required plans and details should be submitted to and approved by the Council before any application may be made for a construction certificate or development commenced. Deferred commencement conditions might be the most appropriate method to achieve this end.
(5) A condition requiring a construction management plan dealing with, amongst other things, truck access and protection of vegetation during construction. This too might form part of a deferred commencement condition.