PAGE 1 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 25 OCTOBER 2016
PRESENT
Cameron McKenzie Group Manager – Environment & Planning (Chair) Paul Osborne Manager – Development Assessment
Andrew Brooks Manager – Subdivision & Development Certification Craig Burke Acting Manager – Environment & Health
Craig Woods Manager – Regulatory Services Megan Munari Principal Forward Planner APOLOGIES
Stewart Seale Manager – Forward Planning Kristine McKenzie Principal Executive Planner TIME OF COMMENCEMENT
8:30am
TIME OF COMPLETION 8:45am
ITEM-1 CONFIRMATION OF MINUTES
RESOLUTION
The Minutes of the Development Assessment Unit Meeting of Council held on 11 October 2016 be confirmed.
ITEM-2 DA NO. 1587/2014/HB/A - SECTION 96 (1A) MODIFICATION TO AN APPROVED MULTI UNIT HOUSING DEVELOPMENT CONTAINING 28 UNITS - LOT 46 DP 650442 - RMB 57 WINDSOR ROAD,
RESOLUTION
The Section 96 Modification be approved subject to the following:
A) Deferred Commencement – Registration of Easement Condition No. A1, A2 and B.
to be deleted
B) The addition of the following conditions (No. 1A, 1B, 30A, 78A, 78B, 102A and 102B):
GENERAL MATTERS
1A. Creation of Drainage Easement (‘Gross’ and ‘Interallotment’)
Subject to condition 1B prior to the issue of any construction certificate for any works associated with the development whether on the eastern or on the western side of Stone Mason Drive the applicant must submit to the Council a legally binding and executed deed for the creation of easements for the disposal of stormwater from the site and the surrounding catchment. This deed is to include (without limitation) the following terms and matters:
PAGE 2 (a) The creation of a minimum 5m wide easement in gross under s88A of the Conveyancing Act ("the easement in gross") in favour of the Council for the disposal of any stormwater in or from the catchment consisting of the following land:
i) Lot 1 DP 566580 (No 61 Windsor Road) ii) Lot 43 DP 658292 (No 63 Windsor Road) iii) Lot 42 DP 662070 (No 65 Windsor Road)
iv) Lot 46 DP 650442 (No 57 Windsor Road - the subject site) v) Lot 45 DP 215026 (No 59 Windsor Road)
vi) Lot 17 DP 1200327 vii) SP 44999
viii) SP 67643
ix) Stone Mason Drive ("the Catchment").
(b) The creation of a 1.5m wide interallotment drainage easement over the lot 45 DP 215026 (No 59 Windsor Road) in favour of the development site Lot 46 DP 650442 (No 57 Windsor Road). The interallotment drainage easement shall be along the western side of the burdening lot 45 DP 215026 from the northern boundary of the subject site (No 57 Windsor Road) to the connecting point of the easement in gross on the same burdening lot 45 and connecting to Lot 17 DP 1200327. This easement is to benefit the parts of the lots to the west of Stone Mason Drive, to be constructed and dedicated as a public road with this development.
(c) The easement in gross is to provide for the disposal of stormwater from the land within the Catchment including the lots or part of the lots, any future lots or part lots, any roads, any future common property whether any of these lands are held in private or public ownership.
(d) The easement in gross for the Catchment is to be created over (or burden) i) Lot 17 DP 1200327
ii) the common property of SP 449999, iii) the common property of SP 67643, and iv) Lot 45 DP 215026 (No 59 Windsor Road)
(e) The western extent of the easement in gross is to be to the western end of the watercourse running from east to west between SP44999 and SP67643 to the point where that watercourse meets the eastern boundary of Lot 18 DP1200327 (generally shown on a plan attached to the deed).
(f) Plans specifications and details for the design of the stormwater system from the site (being the two new allotments and part of the site to be included as public road) within the easement in gross including both a piped and overland flow component according to the minor/major design criteria outlined in Council's Design Guidelines for Subdivision/Development to the stage that the location, alignment width and extent of the easement is finalised (as approved by Council's Manager - Subdivision and Development Certification). The design criteria relating to these works are set out under condition 47 - 'The Engineering Works and Design' of the consent,
(g) Provision in the easement in gross for the location of the easement and the location of and design of the works within this easement over Lot 17 to be varied or modified in accordance with any approval or consent for the future redevelopment of Lot 17 without affecting or compromising any existing or future drainage within the existing easement.
PAGE 3 (h) Any necessary development consent for the drainage works within the easement in gross must be obtained prior to the commencement of any of the required drainage works.
(i) The approved drainage works must be carried out within the proposed easement in gross.
(j) The Council is to be nominated as the party whose consent is required to release, vary or modify the interallotment easements referred to in (b) above.
(k) The form and final terms of the easement in gross and the interallotment easements.
(l) Provisions for the requirements of the deed to bind any successors in title of the relevant properties,
(m) The requirement for the registration of the easements in gross and interallotment easements prior to the issue of the first occupation certificate,
(n) Subject to (o), final agreement between the parties about compensation that is to be paid between the parties for the purposes of the creation of the easement in gross. Any compensation agreed upon is to be paid prior to or on the lodgement of the easement in gross for registration.
(o) No payment of any compensation or fees or charges by the Council for the creation of the easement in gross or the interallotment easement and the owners of the site to indemnify the Council against any claim for compensation arising from the grant of any of the easements.
(p) A requirement that any person who becomes a new legal or equitable owner of any of the lands prior to the registration of the easement in gross or the interallotment easements to be bound by the terms of the deed.
1B. Easement Documents
(a) The Applicant is to submit a draft of the deed referred to in condition 1A to the Council prior to it being executed for the Council to determine whether the requirements of condition 1A have been addressed by the draft deed. The draft deed is not to be executed as the final deed until the Council has indicated its approval of the draft deed.
(b) As part of the submission to the Council referred to in condition 1B(a) above the Applicant is to provide a schedule which identifies each of the matters referred to in condition 1A and how and where in the draft deed each of the matters in condition 1A are addressed.
(c) The Applicant is to pay the Council's reasonable legal costs of the Council's consideration of the draft deed (and any amendments) referred to in 1B(a) above.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 30A. Registration of Drainage Easement
Any development consent required for the approved drainage works within the easements referred to in Condition 1A (and the deed referred to in that condition) to be obtained prior to any of the drainage works being carried out.
PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE 78A. Registration of Drainage Easement
The easements referred to and required by condition 1A of this consent (and the deed referred to in that condition) are to be registered with the LPI in accordance with the requirements of condition 1A of this consent (and the deed referred to in that condition) prior to the issue of any occupation certificate (interim or final).
PAGE 4 78B Construction of Stone Mason Drive
In accordance with the requirements of conditions 47, 85 and 86 of Development Consent 1587/2014/HB the construction of Stone Mason Drive and all associated subdivision and engineering works shall be completed prior to the issuing of any Occupation Certificate (interim or final) for any dwelling on the site.
THE USE OF THE SITE
102A. Completion of Drainage Works
The approved drainage works in the easements referred to and required by condition 1A of this consent (and the deed referred to in that condition) to be carried out and completed prior to any occupation certificate (interim or final).
102B. Works as Executed Plans
Works as executed (WAE) plans prepared by a suitably qualified engineer/surveyor showing the construction of the approved drainage works referred to above within the easement in gross and in accordance with the relevant plans and specifications for the drainage works within the easement must be submitted to the certifying authority prior to the issue of any occupation certificate (interim or final).