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Speakers:
Brad
Lane (applicant)
Graham
Burns (applicant)
CONSENSUS:
That DA2012 - 381.5 for a modification to design of previous approved
subdivision at Lot 3, DP 1247192
(now known as Lot 300 DP1278057) & Lot 12 DP1226839, Summer Circuit and
Whitewater Terrace, Lake Cathie, be
determined by granting consent subject to the recommended conditions and as
amended below:
1. Resolution
as per recommendation, and subject to the following changes to conditions of
consent.
Amend
condition A(30) to read:
Notwithstanding any other
conditions of this consent, a Subdivision Certificate may be issued for the
Master Lots within the Hilltop Village area being Proposed Lots 101, 401 and
an additional master lot containing proposed Lot 501 and 502, provided that:
i)
Adequate
arrangements have been made to facilitate servicing of those lots, to the
satisfaction of Council; and
ii)
Compliance
is demonstrated with Conditions E3 and E4 as they relate to the lots being
created; and
iii)
If
unserviced Master Lots are proposed, a suitable restriction to the
satisfaction of Council, must be provided to alert prospective purchasers
that the subject lots are not serviced and that the servicing of the lots is
to be provided at the expense of the owner of the land.4
Amend
condition E(22) to read:
The plan of subdivision and
Section 88B instrument shall establish the following restrictive covenants;
with the Council having the benefit of these covenants and having sole
authority to release, vary or modify these covenants. Wherever possible
the extent of the land affected by these covenants shall be defined by
bearings and distances shown on the plan of subdivision.
a. Prohibiting
direct vehicular access to and from Ocean Drive.
b. With
the exception of existing Lot 11 DP 1226839 to be altered by construction and
dedication of Road 7, prohibit direct vehicle access to Road 7 and Road 9
other than the locations specified on the revised subdivision layout prepared
by Land Dynamics Australia, dated 7 December 2022.
Details
are to be submitted to Council prior to issue of the Subdivision Certificate 4
2. The
Panel notes the absence of the mid-block pedestrian links and the importance
of providing pedestrian connectivity. It recommends Council consider the
importance of this matter in subsequent development applications on the site.
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