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Planning and Development Act 2007 Development Application Application Number: 201731805S144B Type of Application The type of application you are applying for is a S144 Amendment Lease/Site Details Site Number: 1 Street Address 3 MAURICE PLACE, GARRAN Suburb GARRAN Section 8 Block Number 31 Unit Number Applicant Details Email [email protected] Phone Number 62948059 Fax Number Mobile Number Suburb Gordon State/Territory ACT Postcode 2906 Country Australia Postal Address 3 Gordon Postal Address 1 35 Clem Hill Street Postal Address 2 Salutation None First Name Shamsul Surname Huda Company Name 4thD Planning & Design Pty Ltd Position held / Title Director ACN or ABN 68154870078 Lessee (Property Owners) Details Lessee Number: 1 Is the Lessee a Page 1 of 3 Development Application Created on 07/18/2017 12:28:11

Development [email protected] Phone Number 0449976736 Suburb Gungahlin State/Territory ACT Postcode 2912 Country Postal Address 1 4 Devlin Street Salutation Ms First

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Page 1: Development Application...mansid@outlook.com Phone Number 0449976736 Suburb Gungahlin State/Territory ACT Postcode 2912 Country Postal Address 1 4 Devlin Street Salutation Ms First

Planning and Development Act 2007

Development ApplicationApplication Number: 201731805S144B

Type of Application

The type of application you are applying for is a S144 Amendment

Lease/Site Details

Site Number: 1

Street Address

3 MAURICE PLACE, GARRAN

Suburb

GARRAN

Section

8

Block Number

31

Unit Number

Applicant Details

Email

[email protected]

Phone Number

62948059

Fax Number Mobile Number

Suburb

Gordon

State/Territory

ACT

Postcode

2906

Country

Australia

Postal Address 3

Gordon

Postal Address 1

35 Clem Hill Street

Postal Address 2

Salutation

None

First Name

Shamsul

Surname

Huda

Company Name

4thD Planning & Design Pty Ltd

Position held / Title

Director

ACN or ABN

68154870078

Lessee (Property Owners) Details

Lessee Number: 1

Is the Lessee a

Page 1 of 3

Development Application Created on 07/18/2017 12:28:11

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Agency

Email

Phone Number

62054700

Fax Number Mobile Number

Suburb

Canberra City

State/Territory

ACT

Postcode

2601

Country

Australia

Postal Address 3

Postal Address 1

GPO Box 158

Postal Address 2

Salutation

None

First Name

Clint

Surname

Peters

Company Name

ACT Asbestos Removal Taskforce

Position held / Title

Director

Australian Business Number (ABN)

31432729493

Type of Application

Will the development applied for after the amendment be substantially the same as thedevelopment applied for originally?

Yes

No

Will the assessment track for the application change if the application is amended?

Yes

No

List Amendments Being Satisfied

1. Landscape Plan revised to add few hedge planting in front, delete hedge planting on north-east corner and retain

timber paling fence on northern boundary. These minor changes are to address EPSD comments and neighbour

concerns.

2. Driveway for House A slightly revised to address EPSD concerns.

Entity and/or Referral Requirements

Do the amendments to your proposal impact on entity requirements?

Yes

No

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Applicant Declaration

I/we declare that this application is accompanied by all of the required information or documents

that address the relevant rules and/or relevant criteria for it to be considered for approval;

I /we understand that this application will be considered lodged once any relevant application fees

have been paid;

I/we understand that the documentation provided on CD/DVD or via the electronic lodgment

process will be considered to be the relevant documentation associated with this application. All

development application documentation will be made available for public inspection including via

the Internet unless exclusion has been approved;I/we understand that an amendment may be

notified in accordance with the requirements of the Planning and Development Act 2007.

I/we declare that all the information given on this form and its attachments is true and complete;

If signing on behalf of a company, organisation or Government agency: -

I/we the undersigned, declare I/we have the appropriate delegation or authority to sign on behalf of

the company, organisation or Government agency.

I accept the above declarations:

Accept

Acceptance Date

18/07/2017

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Planning and Development Act 2007

Development ApplicationApplication Number: 201731805S144C

Type of Application

The type of application you are applying for is a S144 Amendment

Lease/Site Details

Site Number: 1

Street Address

3 MAURICE PLACE, GARRAN

Suburb

GARRAN

Section

8

Block Number

31

Unit Number

Applicant Details

Email

[email protected]

Phone Number

62948059

Fax Number Mobile Number

Suburb

Gordon

State/Territory

ACT

Postcode

2906

Country

Australia

Postal Address 3

Gordon

Postal Address 1

35 Clem Hill Street

Postal Address 2

Salutation

None

First Name

Shamsul

Surname

Huda

Company Name

4thD Planning & Design Pty Ltd

Position held / Title

Director

ACN or ABN

68154870078

Lessee (Property Owners) Details

Lessee Number: 1

Is the Lessee a

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Development Application Created on 07/26/2017 11:34:04

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Standard

Email

[email protected]

Phone Number

0430242685

Fax Number Mobile Number

Suburb

Bonner

State/Territory

ACT

Postcode

2914

Country

Australia

Postal Address 3

Postal Address 1

32 Bieundurry Street

Postal Address 2

Salutation

Mr

First Name

Md Taufiqur

Surname

RAHMAN

Lessee Number: 2

Is the Lessee a

Standard

Email

[email protected]

Phone Number

0449976736

Fax Number Mobile Number

Suburb

Gungahlin

State/Territory

ACT

Postcode

2912

Country

Postal Address 3

Postal Address 1

4 Devlin Street

Postal Address 2

Salutation

Ms

First Name

Mahira Sakin

Surname

SARPI

Type of Application

Will the development applied for after the amendment be substantially the same as thedevelopment applied for originally?

Yes

No

Will the assessment track for the application change if the application is amended?

Yes

No

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List Amendments Being Satisfied

1. Retain existing fence on northern boundary of the site.

2. Delete hedge planting previously proposed along northern boundary towards front.

3. Add more planting to the front (street side).

4. Driveway for House A modified in response to EPSD comment.

5. Clarification provided on points raised by EPSD as part of additional information request dated 16 June 2017.

Entity and/or Referral Requirements

Do the amendments to your proposal impact on entity requirements?

Yes

No

Applicant Declaration

I/we declare that this application is accompanied by all of the required information or documents

that address the relevant rules and/or relevant criteria for it to be considered for approval;

I /we understand that this application will be considered lodged once any relevant application fees

have been paid;

I/we understand that the documentation provided on CD/DVD or via the electronic lodgment

process will be considered to be the relevant documentation associated with this application. All

development application documentation will be made available for public inspection including via

the Internet unless exclusion has been approved;I/we understand that an amendment may be

notified in accordance with the requirements of the Planning and Development Act 2007.

I/we declare that all the information given on this form and its attachments is true and complete;

If signing on behalf of a company, organisation or Government agency: -

I/we the undersigned, declare I/we have the appropriate delegation or authority to sign on behalf of

the company, organisation or Government agency.

I accept the above declarations:

Accept

Acceptance Date

26/07/2017

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Planning and Development Act 2007

Development ApplicationApplication Number: 201731805S165D

Type of Application

The type of application you are applying for is a S165 Amendment

Lease/Site Details

Site Number: 1

Street Address

3 MAURICE PLACE, GARRAN

Suburb

GARRAN

Section

8

Block Number

31

Unit Number

Applicant Details

Email

[email protected]

Phone Number

62948059

Fax Number Mobile Number

Suburb

Gordon

State/Territory

ACT

Postcode

2906

Country

Australia

Postal Address 3

Gordon

Postal Address 1

35 Clem Hill Street

Postal Address 2

Salutation

None

First Name

Shamsul

Surname

Huda

Company Name

4thD Planning & Design Pty Ltd

Position held / Title

Director

ACN or ABN

68154870078

Lessee (Property Owners) Details

Lessee Number: 1

Is the Lessee a

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Standard

Email

[email protected]

Phone Number

0430242685

Fax Number Mobile Number

Suburb

Bonner

State/Territory

ACT

Postcode

2914

Country

Australia

Postal Address 3

Postal Address 1

32 Bieundurry Street

Postal Address 2

Salutation

Mr

First Name

Md Taufiqur

Surname

Rahman

Lessee Number: 2

Is the Lessee a

Standard

Email

[email protected]

Phone Number

0449976736

Fax Number Mobile Number

Suburb

Gungahlin

State/Territory

ACT

Postcode

2912

Country

Postal Address 3

Postal Address 1

4 Devlin Street

Postal Address 2

Salutation

Ms

First Name

Mahira Sakin

Surname

Sarpi

List Amendments Being Satisfied

To satisfy condition of approval A1, the site plan, landscape plan and other architectural drawings have been revised

to show:

1. GFA readjusted/reduced to stay below 50%;

2. Laundry/sink in Dwelling A deleted;

3. Retaining walls within 2.5m of front boundary revised/deleted to improve line of sights for exiting vehicles;

4. Manchurian Pear trees relocated to keep canopy spread within property boundaries; and

5. 1.8m high translucent glass screen added to sides of first floor balconies of both Dwelling A and B.

Applicant Declaration

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I/we declare that this application is accompanied by all of the required information or documents

that address the relevant rules and/or relevant criteria for it to be considered for approval;

I /we understand that this application will be considered lodged once any relevant application fees

have been paid;

I/we understand that the documentation provided on CD/DVD or via the electronic lodgment

process will be considered to be the relevant documentation associated with this application. All

development application documentation will be made available for public inspection including via

the Internet unless exclusion has been approved;I/we understand that an amendment may be

notified in accordance with the requirements of the Planning and Development Act 2007.

I/we declare that all the information given on this form and its attachments is true and complete;

If signing on behalf of a company, organisation or Government agency: -

I/we the undersigned, declare I/we have the appropriate delegation or authority to sign on behalf of

the company, organisation or Government agency.

I accept the above declarations:

Accept

Acceptance Date

4/09/2017

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Planning and Development Act 2007

Development ApplicationApplication Number: 201732008

Before Starting

PLEASE NOTE: This wizard will time out if left inactive for a period of more than two hours, afterwhich time you will lose your application and be required to complete a new wizard. It isrecommended you save this session if it is to be left inactive for an extended period of time.

Please ensure that your screen is set to the highest resolution (e.g. 1280 by 1024 pixels) to ensureall content in the wizard is visible.

Type of Application

The type of application you are applying for is a New Application

Are you applying for a:

Development Application

Has a pre-application meeting been held in relation to this proposal?

No

Lease/Site Details

Site Number: 1

If your rural property is identified by a Block/Section/Suburb, please select the "Urban" radiobutton.

Urban

Street Address

15 HURLEY STREET, MAWSON

Suburb

MAWSON

Section

8

Block Number

30

Unit Number

Applicant Details

What type of applicant are you:

Business

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Email

[email protected]

Phone Number

62948059

Fax Number Mobile Number

Suburb

Gordon

State/Territory

ACT

Postcode

2906

Country

Australia

Postal Address 3

Gordon

Postal Address 1

35 Clem Hill Street

Postal Address 2

Salutation

None

First Name

Shamsul

Surname

Huda

Company Name

4thD Planning & Design Pty Ltd

Position held / Title

Director

ACN or ABN

68154870078

Lessee (Property Owners) Details

Lessee Number: 1

Is the Lessee a:

Standard lessee

Email

[email protected]

Phone Number

0402774855

Fax Number Mobile Number

0402774855

Suburb

Curtin

State/Territory

ACT

Postcode

2605

Country

Postal Address 3

Postal Address 1

PO Box 339

Postal Address 2

Salutation

Mr

First Name

John

Surname

Carr

Notice of Decision and Plans

Please specify the delivery method for the return of plans. Unless otherwise specified, your Noticeof Decision and/or plans will be returned via email.

Email

Are you applying for an Estate Development Plan OR Home Business?Page 2 of 8

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No

Zone

Please specify which zone applies to this application (please select one zone only). Please clickhere to access ACTMAPi and locate the zone.

RZ2 Suburban core zone

If more than one zone is applicable to your application, please specify them below:

Development/Precinct Code

Please specify which development code applies to this application.

Lease Variation General Code

Please specify all relevant precinct code/s applied to your proposalNone

Fully Describe Your Proposal

Please provide a full description of your proposal (Note: This must accurately describe allaspects of your proposal and include any lease changes being applied for.)The proposal is for a lease variation to change one lease clause to specify maximum three dwellings as permissible

on that block.

Proposed Use of the Land

Describe the use of the development. Example: Residential purposes for a single dwelling (Note:Please refer to the Territory Plan definitions for land use definitions. Please also consider what ispermitted under any Crown Lease for the site.)Residential

Is the proposed use consistent with the current Crown lease?

Yes

Assessment Track

Please indicate which assessment track applies to this Development Application: (If you are notsure which assessment track applies, please contact Environment and Planning Directorate on

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(02)62071923)

Merit

For more information about which track your development application will be assessed in, pleaseclick here. Please note, the Environment and Planning Directorate may refuse to accept adevelopment application made in an incorrect assessment track. If the Environment and PlanningDirectorate assesses an application made in the incorrect assessment track it must refuse theapplication (S.114 (3)).

Type Of Development

Please indicate which type of development

Lease Variation

Does this proposal involve a variation to a Units Plan?

No

Please select a Lease Variation sub type:

Clause Changes

Heritage

Heritage

Is the Heritage item relevant to your proposal?

No

Servicing & Site Management, Utilities

Servicing and Site Management

Utilities

Exclusion from Public Inspection

In accordance with the requirements of Sections 28 and 30 of the Planning and Development Act2007, the Environment and Planning Directorate must make the details and associated documentsrelevant to a development application available for public inspection.

If you wish to apply to have all or part of this development application excluded from publicinspection, you must meet the requirements of Section 411(5) or 412(1) of the Planning andDevelopment Act 2007

Are you requesting an exclusion from Public Inspection?

No

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Conflict of Interest Declaration

Does the applicant or the lessee have any association with the Environment and PlanningDirectorate staff?

Yes

Please provide details:The applicant is married to Rumana Jamaly who is an employee of Environment Planning and Sustainable

Development Directorate.

NOTE: There are penalties for deliberately giving false and misleading information. The Planningand Land Authority or Minister may revoke an approval if satisfied that the approval was obtainedby fraud or misrepresentation

Applicant/Lessee Declaration

I/we hereby apply for approval to carry out the development described on the land specified in thisapplication;

I/we declare that this application is accompanied by all of the required information or documentsthat address the relevant rules and/or relevant criteria for it to be considered for approval;

I/we understand that the information submitted with this application form will undergo adocumentation check prior to the payment of fees and formal lodgement of the application. Furtherinformation may be required prior to the acceptance of the development application by theDirectorate;

I /we understand that this application will be considered lodged once the relevant application feeshave been paid;

I/we understand that if during the assessment of this application it is found to have been submittedin the incorrect assessment track the application will be refused and I/we will not be entitled to arefund or transfer of fees;

I/we understand that the documentation provided on CD/DVD or via the electronic lodgementprocess will be considered to be the relevant documentation associated with this application. Alldevelopment application documentation will be made available for public inspection including viathe Internet unless exclusion has been approved;

If the time for deciding the application (prescribed period) has ended and a decision has not beenreached I/we understand that the application will be deemed refused and the Environment andPlanning Directorate will not provide written advice of this decision.

I/we also understand that the Environment and Planning Directorate is able to still consider theapplication and make a decision after the expiration of the prescribed period;

I/we hereby authorise the Environment and Planning Directorate its servants and agents to erect

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sign/s on the subject property(s) as required and authorise ACT Government officers to access thesubject property(s) for the purpose of evaluating the proposal(including the inspection of drivewaysand trees);

I/we(lessee) appoint the applicant whose signature appears in the attached letter of appointmentto act on my/our behalf in relation to this Development Application. This authorises the applicant topay all application fees, bonds and securities, liaise with the Environment and Planning Directoratewhen required, alter, amend or provide further information as necessary and receive anycommunications relating to this Development Application;

I/we declare that information relating to utility standards, access provisions and asset clearancezones has been sought from the relevant utility providers and this development application hasbeen prepared in accordance with their requirements;

I understand that costs associated with the relocation of any engineering services (light poles,storm water, sumps etc) will be at my expense and that I will indemnify the ACT Government, itsservants and agents against any claims arising during the relocation of these services;

I understand that construction of any driveway associated with this application may not commenceuntil the contractor has received endorsement by the relevant government entity;

I understand that a Certificate of Design Acceptance and a Road Opening Permit and TemporaryManagement Plan must be obtained from the relevant government agencies prior to the start ofconstruction works;

I/we declare that all the information given on this form and its attachments is true and complete;

If lodging on behalf of a company, organisation or Government agency: -

I/we declare I/we have the appropriate delegation or authority to sign on behalf of the company,organisation or Government agency;

I declare that I am the person shown in this eDA form as the Applicant, and by clicking theACCEPT button below I understand that this replaces my requirement to sign a hard copy of thisapplication.

I accept the above declarations

Accept

Acceptance date

27 Jun 2017

Before Submitting

You have almost completed the first stage of your Development Application/Pre-Applicationrequest. PLEASE ENSURE YOUR WIZARD SESSION IS SAVED BEFORE PROCEEDING.

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This will enable you to resume your session in the event of a system outage or other interuption.

When you click on Finish below, you will be navigated to a new page which will enable you toupload any associated plans/documents prior to submitting to EPD for review.

Development applications (DAs) can be delayed unnecessarily because EPD does not have allthe information it needs to undertake an assessment and make a decision.To avoid delays ensure all required sections of the wizard are answered correctly and all requireddocumentation is uploaded. In particular:1. A signed appointment letter from all lessee's must be provided if works are to performed on theverge, a signed endorsement letter must be provided by the relevant Government Custodian;2. Public register plans for residential applications are included;3. You MUST include a statement against the criteria for development applications that will beassessed in the Merit track;4. If the application is for a single unit on a unit titled block body corporate authorisation is requiredif there is works on a common propertyIf you are still not sure how to proceed or want to ensure you have everything you need for yourapplication, you can visit the EPD Customer Service Centre, 16 Challis Street, Dickson, or call uson 6207 1923 and ask to speak with a technical officer.

Privacy Notice

The personal information on this form is provided to the Environment and Planning Directorate(EPD) to enable the processing of your application. The collection of personal information isauthorised by the Planning and Development Act 2007. If all or some of the personal informationis not collected EPD cannot process your application. The Planning and Development Act 2007requires the details of applications, decisions and orders to be kept on a register and madeavailable for public inspection. Information and documentation relevant to a developmentapplication may be made available via the Internet. The personal information you provide may bedisclosed to Australian Bureau of Statistics, ACT Revenue Office, the Registrar General’s Office,ACTEW Corporation, ActewAGL, Territory and Municipal Services Directorate and otherGovernment agencies with a direct interest in the development assessment process. Theinformation may also be disclosed where authorised by law or court order, or where theDirectorate reasonably believes that the use or disclosure of the information is reasonablynecessary for enforcement-related activities conducted by, or on behalf of, an enforcement body.EPD’s Information Privacy Policy contains information about how you may access or seek tocorrect your personal information held by EPD, and how you may complain about an allegedbreach of the Territory Privacy Principles. The EPD Information Privacy Policy can be found atwww.environment.act.gov.au

Does the Commonwealth Environment Protection and Biodiversity Conservation Act 1999(EPBC) affect your proposal?

The EPBC came into operation on 16 July 2000. It establishes an environmental assessment andapproval system that is separate and distinct from the ACT system. It does not affect the validity ofACT development assessment and approval processes, but may affect the assessment track. TheACT cannot provide preliminary advice on whether a proposal falls within the definition of acontrolled action, or requires referral to the Commonwealth. You should consult with theCommonwealth to determine if your proposal is a controlled action before seeking any approvals

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under the Planning and Development Act 2007. For information about the EPBC, including thereferral process and when a referral should be made, contact: the Department of Sustainability,Environment, Water, Population and Communities, GPO Box 787, CANBERRA ACT 2601Telephone: 62741111

Contact Details: Environment and Planning Directorate Customer Service Centre GPO Box158, Canberra City 2601 16 Challis Street, Dickson ACT 2602 Business Hours: 8.30am to4.30pm weekdays (excluding Public Holidays) Phone: (02) 6207 1923 Email:[email protected] Website: www.environment.act.gov.au

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Notice of decision Under Part 7 of the Planning and Development Act 2007

Merit track

GPO BOX 158, Canberra ACT 2601 www.planning.act.gov.au

DA NO: 201732008 DATE LODGED: 20 November 2017 DATE OF DECISION: 24 January 2018 BLOCK: 30 SECTION: 8 SUBURB: MAWSON STREET NO AND NAME: 15 Hurley Street APPLICANT: 4thD Planning & Design Pty Ltd LESSEE: John Alan Carr THE DECISION This application was lodged in the merit track. Pursuant to section 113(2) of the Planning and Development Act 2007 (Act), the application must be assessed according to the provisions relevant to merit track applications. I, Karen Walker, delegate of the planning and land authority, pursuant to section 162 of the Act, hereby approve subject to conditions the proposal for a variation to the Crown lease purpose clause to permit a maximum of three (3) dwellings substantially in accordance with the draft Instrument of Variation at Attachment 1. This decision is subject to the conditions of approval at PART 1 being satisfied. PART 2 sets out the Reasons for the Decision. PART 3 is Public Notification and Entity Advice. PART 4 contains administrative information relating to the determination. DELEGATE Karen Walker Delegate of the planning and land authority Environment, Planning and Sustainable Development Directorate 24 January 2018 CONTACT OFFICER Anna Gianakis Phone: (02) 6207 5403 Email: [email protected]

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Notice of Decision - Merit track

DA No. 201732008

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PART 1 CONDITIONS OF APPROVAL Please note that this approval includes leasing requirements. THE APPROVAL WILL EXPIRE 2 YEARS AFTER THE APPROVAL TAKES EFFECT or otherwise in accordance with the conditions of approval. In addition, there are legislative requirements that must be met prior to the registration of the instrument of variation. See Advisory Notes for further information about those legislative requirements. This application is approved subject to the following conditions. A. CONDITIONS RELATING TO THE VARIATION OF A CROWN LEASE A1. INSTRUMENT OF VARIATION

That the lessee accepts the variation substantially in accordance with the draft Instrument of Variation at Attachment 1 and shall do all that is necessary to ensure that the Instrument of Variation is registered at Access Canberra (Land Titles and Rental Bonds) prior to the end of the approval for the variation of the Crown lease.

Please also see the Advisory Notes for additional information on the lease variation B. ADVISORY NOTES

This application is approved with the following advisory notes. B1. LEASE VARIATION CHARGE

Prior to the registration of the new Crown lease the lessee must, as is required under the Planning and Development Act 2007, pay any assessed Lease Variation Charge. Once advised of the lease variation charge, the charge should be paid not less than 6 months prior to the expiration of this approval. This will ensure that sufficient time remains to enable the new Crown lease to be registered at Access Canberra (Land Titles and Rental Bonds) prior to expiry of this approval. Note: this development application meets the requirements for the LVC to be assessed under Schedule 1 Items 1A, 1AA, 1B or 1BB of Planning and Development (Lease Variation Charges) Determination 2017 (No 2) DI2017-208 (DI2017-208).

B2. FURTHER APPROVALS The maximum number of dwellings noted in this decision is consistent with the minimum blocks size for adaptable dwellings noted in the Multi Unit Housing Development Code, Table A3-Maximum number of dwellings for adaptable housing allowable on single dwelling blocks in RZ2. Please note that the realisation of the approved lease variation to its fullest extent may not be achieved as design and siting is subject to the submission and approval of a further Development Application.

B3. EXPIRY OF APPROVAL

There is no provision under the Planning and Development Act 2007 to extend the time frame for compliance with the approval beyond two (2) years after the date this approval takes effect. This approval will expire two (2) years after the date the approval takes effect.

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DA No. 201732008

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PART 2 REASONS FOR THE DECISION The application satisfactorily meets the requirements for approval. The application was approved because, based on the documentation and in the form modified by the imposed conditions, it was considered to meet the relevant codes being the Residential Zone Development Code, Multi unit Housing Development Code and Lease Variation General Code. The key issues identified in the assessment were the suitability of the site for the proposed development, the payment of the lease variation charge, and the registration of the Instrument of Variation. Conditions have been imposed to address the key issues and ensure that the proposal is consistent with the Territory Plan and the Planning and Development Act 2007. EVIDENCE Application No. 201732008 File No. 1-2017/17328 The Territory Plan zone – RZ2 Suburban Core Zone The Development Codes – Residential Zone Development Code – Multi unit Housing Development Code The General Code – Lease Variation General Code The Precinct Codes – Mawson Precinct Map and Code Current Crown Lease – Volume 1253 Folio 10 Representations– Two

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DA No. 201732008

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PART 3 PUBLIC NOTIFICATION AND ENTITY ADVICE PUBLIC NOTIFICATION Pursuant to Division 7.3.4 of the Act, the application was publicly notified from 24 November 2017 to 15 December 2017. Two written representations were received during public notification. The main issues raised are as follows. Comments are provided as appropriate.

(a) separation between houses

(b) noise

(c) height

(d) privacy

(e) overdevelopment of the site

(f) overshadowing

(g) quiet enjoyment

(h) private open space

(i) impact during construction

(j) safety

(k) parking This proposal seeks to vary the Crown lease only. An indicative site plan was included in the supporting documentation, however this approval is not for any design work associated with the redevelopment of the site. The realisation of the approved lease variation to its fullest extent may not be achieved as the design and siting will be subject to the submission and approval of a further development application. Any further development application would be subject to the legislation current at the time, including any requirements associated with the matters listed above. It is noted that a proposal for the design and siting of three dwellings on the site has been submitted, and remains active as of the date of this Notice of Decision. However, the public notification for the design and siting DA for three dwellings has now closed. ENTITY ADVICE Pursuant to Division 7.3.3 of the Act, the application was not referred to entities.

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DA No. 201732008

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PART 4 ADMINISTRATIVE INFORMATION DATE THAT THIS APPROVAL TAKES EFFECT

Unless a condition of approval provides for otherwise, this approval takes effect 20 working days after the day this notice of decision is given to every person who made a representation on the application. The effective date for development applications approved subject to conditions could be adjusted if the approval is reconsidered by the planning and land authority or if an application is made to the ACT Civil and Administrative Tribunal. Pursuant to section 185 of the Act, this approval will expire if: • The lease variation is not completed two years after the day the approval takes effect; or The approval is revoked under section 189 of the Act

INSPECTION OF THE APPLICATION AND DECISION

A copy of the application and the decision can be inspected between 8:30am and 4:30pm weekdays at the Environment, Planning and sustainable Development Directorate Dickson Customer Service Centre at 16 Challis Street, Dickson, ACT. RECONSIDERATION OF THE DECISION

If the applicant is not satisfied with the decision to approve the application subject to conditions, they are entitled to apply to the planning and land authority for reconsideration within 20 working days of being told of this decision or within any longer period allowed by the planning and land authority. To submit an application for reconsideration, documents must be provided electronically by email to [email protected] or provided at the customer service centre on a CD/DVD. The delegate of the Authority reconsidering the decision must be different from, and senior to, the original decision maker. An application for reconsideration does not prevent an application for a review of the same decision being made to the ACT Civil and Administrative Tribunal. Application forms and further information about reconsideration are available from the planning and land authority’s website and Customer Service Centres. REVIEW BY THE ACT CIVIL AND ADMINISTRATIVE TRIBUNAL (ACAT)

Decisions that are reviewable by the ACAT are identified in Schedule 1 of the Planning and Development Act 2007, except for those precluded under Schedule 3 of the Planning and Development Regulation 2008 – Matters exempt from third-party ACAT review. This Notice of decision has also been sent to all people who made representations in relation to the proposal.

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APPENDIX 1 CONTACT DETAILS OF RELEVANT AGENCIES Health Directorate - health protection

Website: www.health.act.gov.au Telephone: (02) 6205 1700

Environment, Planning and Sustainable Development Directorate Planning and land authority

- list of certifiers for building approval - demolition information - asbestos information

Website: www.planning.act.gov.au Telephone: (02) 6207 1923

Environment Protection Authority

- environment protection - water resources - asbestos information

Website: www.environment.act.gov.au Telephone: (02) 6207 6251

Conservation, Planning and Research

- threatened species/wildlife management

Website: www.environment.act.gov.au Telephone: (02) 6207 1911

Transport Canberra and City Services - tree damaging activity approval - use of verges or other unleased Territory

land - works on unleased Territory land - design

acceptance - damage to public assets

Website: www.tccs.act.gov.au Telephone: 132 281 Telephone for asset acceptance: (02) 6207 7480

Utilities - Telstra (networks) - TransACT (networks) - Icon Water - Electricity reticulation

Telephone: (02) 8576 9799 Telephone: (02) 6229 8000 Telephone: (02) 6248 3111 Telephone: (02) 6293 5738

REVIEW OF THE DECISION The following notes are provided in accordance with regulation 7 of the ACT Civil and Administrative Tribunal Regulation 2009. Refer to the Review by the ACT Civil and Administrative Tribunal (ACAT) section of the Notice of Decision for information about its relevance to this development application. CONTACT DETAILS

The review authority is the ACT Civil and Administrative Tribunal (ACAT).

Location Contact details ACT Civil and Administrative Tribunal Level 4, 1 Moore Street CANBERRA CITY ACT 2601

Website: www.acat.act.gov.au Email: [email protected] Telephone: (02) 6207 1740 Facsimile: (02) 6205 4855 Post: GPO Box 370, CANBERRA, ACT, 2601

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POWERS OF THE ACAT

The ACAT is an independent body. It can review on their merits a large number of decisions made by ACT Government ministers, officials and statutory authorities. The ACAT can agree with, change or reject the original decision, substitute its own decision or send the matter back to the decision maker for reconsideration in accordance with ACAT recommendations. APPLICATIONS TO THE ACAT

To apply for a review, obtain an application form from the ACAT. You can also download the form from the ACT Legislation Register http://www.legislation.act.gov.au/af/2009-278/current/pdf/2009-278.pdf. If you are applying on behalf of an organisation or association of persons, whether incorporated or not, the Tribunal in deciding whether to support this application will consider the effect of the decision being reviewed on the interests of the organisation or association in terms of its objects or purposes. A copy of the relevant documents will be required to be lodged with the Tribunal. TIME LIMITS FOR APPLICATIONS

The time limit to make a request for a review is 28 days from the date of this Notice of decision. The time limit can be extended in some circumstances (refer to sections 10 (2), 10(3), 25(1)(e) and 25(2) of the ACT Civil & Administrative Tribunal Act 2008; section 7 of the ACT Civil and Administrative Tribunal Procedure Rules 2009 (No 2); and section 409 of the Planning and Development Act 2007). FEES

Applications to the ACAT, including an application to be joined as a party to a proceeding, require payment of a fee (the Tribunal Registry will advise of the current fee), unless you are receiving legal or financial assistance from the ACT Attorney-General. You can apply to have the fee waived on the grounds of hardship, subject to approval (refer to section 22T of the ACT Civil and Administrative Tribunal Act 2008). Decisions to grant assistance are made on the grounds of hardship and that it is reasonable, in all the circumstances, for the assistance to be granted. Write to: The Chief Executive, Justice and Community Safety Directorate, GPO Box 158, CANBERRA ACT 2601. Ask the ACAT for more details. TIME LIMITS FOR REVIEWS OF DECISIONS

The ACAT is required to decide appeals in land and planning and tree protection cases within 120 days after the lodging of the appeal, unless that period is extended by the ACAT upon it being satisfied that it is in the interests of justice to do so. FORMS OF LEGAL, FINANCIAL AND OTHER ADVICE AND ASSISTANCE

The following organisations can provide advice and assistance if you are eligible: • ACT Attorney-General, write to The Chief Executive, Justice and Community Safety

Directorate, GPO Box 158, CANBERRA, ACT, 2601; • the ACT Legal Aid Office, telephone 1300 654314; • Legal Advice Bureau, telephone (02) 6247 5700; • ACT Council of the Ageing, telephone (02) 6282 3777; • Welfare Rights and Legal Centre, telephone (02) 6247 2177; and • Environmental Defender's Office (ACT), telephone (02) 6247 9420.

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AWARDING OF COSTS

You will have to pay any costs involved in preparing or presenting your case. The ACAT also has the power to award costs against a party if the party contravenes a direction of the ACAT and the ACAT considers it in the interests of justice to make such an order. This power is in addition to the power of the ACAT to strike out a party and to dismiss an application for failure to comply with the ACAT’s directions. ACCESS TO DOCUMENTS ABOUT THE DECISION

You may apply for access to any documents you consider relevant to this decision under the ACT Freedom of Information Act 1989. Information about Freedom of information requests is available on the planning and land authority’s web site or by contacting us by phone on (02) 6207 1923. PROCEDURES OF THE ACAT

The procedures of the ACAT are outlined on the ACAT’s website, including in the Guide to the Land and Planning Division and the Guide to the Hearing. Contact the ACAT for alternative ways to access information about the ACAT’s procedures. TRANSLATION AND INTERPRETER SERVICES The ACT Government’s translation and interpreter service runs 24 hours a day, every day of the week. Telephone 131 450.

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Attachment 1 - DA 201732008 - Draft Instrument of Variation

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

LAND TITLES ACCESS CANBERRA

Chief Minister, Treasury and Economic Development Directorate

APPLICATION TO VARY A CROWN LEASE

Form 044 - AVCL

Land Titles Act 1925

IMPORTANT INFORMATION

This form is to be used to lodge an application to vary a crown lease under the Land Titles Act 1925 (the Act). You can access the Act at www.legislation.act.gov.au. You may also obtain further information and forms at www.act.gov.au/accesscbr.

PRIVACY INFORMATION The Act authorises the Registrar-General to collect the personal information required by this form for the purposes of issuing a registration under the Act. The Registrar-General prevents any unreasonable intrusion into a person’s privacy in accordance with the Information Privacy Act 2014. The Registrar-General provides identifiable information to law enforcement and other Directorates that have legal authority to request information under prescribed circumstances. These agencies may also use this information to prepare and sell property sales reports to commercial organisations concerned with the development, sale or marketing of land.

INSTRUCTIONS FOR COMPLETION • The certificate of title or production of title consenting to the registration of this document is required for lodgement. • All information should be typed or clearly printed. If completing this form by hand please use a solid black pen only. • This office will not accept lodgement of this form if it is not completed in full. • Any alteration to information provided on this form must be struck through with a black pen. Substitute information

must be clear and all parties must sign in the margin. Do not use correction fluid or tape. • Ensure all required documents are attached. If there is insufficient space in any panel, please use an Annexure Sheet. • Execution by:

a) A Natural Person – Should be witnessed by an adult person who is not a party to the document. b) Attorney – if this document is executed by an Attorney pursuant to a registered power of attorney, it

must set out the full name of the attorney and the form of execution must indicate the source of his/her authority e.g. “AB by his/her attorney XY pursuant to Power of Attorney ACT Registration No…… of which he/she has no notice of revocation”. (This execution requires a witness).

c) Corporation – Section 127 of the Corporations Act provides that a company may now validly execute a document with or without using a Common Seal if the document is signed by:

i. Two directors of the company; ii. A director and a secretary of the company; or

iii. Where the company is a proprietary company and has a sole director who is also the sole company secretary, that director. (This execution does not require a witness).

• The following forms of execution are suggested – a) With A Common Seal

The common seal of ABC Pty Ltd/Ltd ACN………………… was affixed in the presence of- ...................................(signature) ...................................(director/secretary)* (*repeat if necessary i.e. if two directors signing. If signing as sole director and sole secretary, state ‘director/secretary’) – (This execution does not require a witness).

b) Without A Common Seal Signed by ABC Pty Ltd/Ltd ACN…………………… ...................................(signature) ...................................(director/secretary)* (*repeat if necessary i.e. if two directors signing. If signing as sole director and sole secretary, state ‘director/secretary’) – (This execution does not require a witness).

CONTACT AND LODGEMENT INFORMATION

Email: [email protected] General Enquiries: (02) 6207 3000

In Person: Environment, Planning and Land Shopfront Ground Floor South, Dame Pattie Menzies House, 16 Challis Street, Dickson Opening hours - Monday to Friday 8:30am to 4:30pm (excluding public holidays)

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Attachment 1 - DA 201732008 - Draft Instrument of Variation

Page 2 of 4 Approved form AF2017-75 approved by Fred Arugay, Deputy Registrar-General on 06/03/2017 under section 140 of the Land Titles Act 1925 (approved forms)

This form revokes AF2012-46 Unauthorised version prepared by ACT Parliamentary Counsel’s Office

LAND TITLES ACCESS CANBERRA

Chief Minister, Treasury and Economic Development Directorate

APPLICATION TO VARY A CROWN LEASE

Form 044 - AVCL

Land Titles Act 1925

The Minister or the Delegate of the Planning and Land Authority (the Authority) has agreed to vary the lease as described below, subject to the mortgages, encumbrances and other instruments affecting the land including any created by dealings lodged for registration prior to the lodging of this document. (Note – This form cannot be used to vary a Unit within a Registered Units Plan)

LODGING PARTY DETAILS

Name Postal Address Contact Telephone Number

TITLE AND LAND DETAILS

Volume & Folio District/Division Section Block

1253:10 Mawson 8 30

FULL NAME OF REGISTERED PROPRIETOR/S (Surname Last)

(ACN required for all companies) FULL POSTAL ADDRESS

John Alan Carr P.O. Box 339 Curtin ACT 2605

LEGISLATIVE PROVISION TO VARY CROWN LEASE

I, INSERT NAME, being a delegate of the Planning and Land Authority, APPLY to you to register the variation which has been made to the Crown lease of the land described. An approval of the Variation of Lease is submitted herewith in accordance with Section 72A of the Land Titles Act 1925.

DETAILS OF DELETED CLAUSES (no longer applicable after registration)

N/A

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Attachment 1 - DA 201732008 - Draft Instrument of Variation

Page 3 of 4 Approved form AF2017-75 approved by Fred Arugay, Deputy Registrar-General on 06/03/2017 under section 140 of the Land Titles Act 1925 (approved forms)

This form revokes AF2012-46 Unauthorised version prepared by ACT Parliamentary Counsel’s Office

DETAILS OF VARIATION

AUSTRALIAN CAPITAL TERRITORY PLANNING AND DEVELOPMENT ACT 2007

VARIATION OF A LEASE Under the Planning and Development Act 2007, I, INSERT NAME, approve the variation of the Crown lease specified hereunder:

FORMER PROVISIONS 1(c) To use the said land for residential purposes only;

1(d) That the building erected on the said land will be used only as a single unit private dwelling house and

any outbuildings erected on the said land shall not be used as a habitation; AMENDED PROVISIONS 1(c) To use the said land for the purpose of:

(i) single dwelling housing; or

(ii) multi-unit housing of not more than three (3) dwellings; 1(d) That any outbuildings erected on the said land shall not be used as a habitation;

INSERTED PROVISIONS

Replace the full stop/period (“.”) at the end of clause 3(h)(ii) with a semi-colon (“;”) and add the following sub clauses: (i) That in this lease the expression “building” means any building or structure constructed or partially

constructed or to be constructed, as the context permits or requires, on or under the land;

(j) That in this lease the expression “class” for a building or structure, means the class of building or structure under the building code as defined in the Building Act 2004;

(k) That in this lease the expression “dwelling”:

(i) means a class 1 building, or a self-contained part of a class 2 building, that: (A) includes the following that are accessible from within the building, or the self-

contained part of the building: (1) not more than 2 kitchens; (2) at least 1 bath or shower; (3) at least 1 toilet pan; and

(B) does not have access from another building that is either a class 1 building or the

self-contained part of a class 2 building; and (ii) includes any ancillary parts of the building and any class 10a buildings associated with

the building;

(l) That in this lease the expression “multi-unit housing” means the use of land for more than one dwelling and includes but is not limited to dual occupancy housing; and

(m) That in this lease the expression “single dwelling housing” means the use of land for residential purposes for a single dwelling only.

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Attachment 1 - DA 201732008 - Draft Instrument of Variation

Page 4 of 4 Approved form AF2017-75 approved by Fred Arugay, Deputy Registrar-General on 06/03/2017 under section 140 of the Land Titles Act 1925 (approved forms)

This form revokes AF2012-46 Unauthorised version prepared by ACT Parliamentary Counsel’s Office

EXECUTION BY ACT PLANNING AND LAND AUTHORITY

Signed by the person duly authorised by the Planning and Land Authority (Please print full name of authorised signatory) INSERT NAME SENIOR OFFICER GRADE POSITION NUMBER Dated -

Print full name and address of witness

INSERT NAME ENVIRONMENT, PLANNING AND SUSTAINABLE

DEVELOPMENT DIRECTORATE 16 CHALLIS STREET DICKSON ACT 2602

Signature of witness Dated -

OFFICE USE ONLY

Lodged by Certificate of title lodged

Data entered by Certificates attached to title

Registered by Attachments / Annexures

Registration date Production number

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Planning and Development Act 2007

Development ApplicationApplication Number: 201732401

Before Starting

PLEASE NOTE: This wizard will time out if left inactive for a period of more than two hours, afterwhich time you will lose your application and be required to complete a new wizard. It isrecommended you save this session if it is to be left inactive for an extended period of time.

Please ensure that your screen is set to the highest resolution (e.g. 1280 by 1024 pixels) to ensureall content in the wizard is visible.

Type of Application

The type of application you are applying for is a New Application

Are you applying for a:

Development Application

Has a pre-application meeting been held in relation to this proposal?

No

Lease/Site Details

Site Number: 1

If your rural property is identified by a Block/Section/Suburb, please select the "Urban" radiobutton.

Urban

Street Address

55 WOOLLEY STREET, DICKSON

Suburb

DICKSON

Section

32

Block Number

9

Unit Number

Applicant Details

What type of applicant are you:

Business

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Email

[email protected]

Phone Number

62948059

Fax Number Mobile Number

Suburb

Gordon

State/Territory

ACT

Postcode

2906

Country

Australia

Postal Address 3

Gordon

Postal Address 1

35 Clem Hill Street

Postal Address 2

Salutation

None

First Name

Shamsul

Surname

Huda

Company Name

4thD Planning & Design Pty Ltd

Position held / Title

Director

ACN or ABN

68154870078

Lessee (Property Owners) Details

Lessee Number: 1

Is the Lessee a:

Registered company

Email

[email protected]

Phone Number

0413864712

Fax Number Mobile Number

Suburb

Weston Creek

State/Territory

ACT

Postcode

2611

Country

Australia

Postal Address 3

Postal Address 1

PO Box 3005

Postal Address 2

Salutation

None

First Name

Stephen

Surname

Cheung

Company Name

Cheung Holdings Pty Limited

Position held / Title

Director

Australian Company Number (ACN)

008617221

Notice of Decision and Plans

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Please specify the delivery method for the return of plans. Unless otherwise specified, your Noticeof Decision and/or plans will be returned via email.

Email

Are you applying for an Estate Development Plan OR Home Business?

No

Zone

Please specify which zone applies to this application (please select one zone only). Please clickhere to access ACTMAPi and locate the zone.

CZ3 Services zone

If more than one zone is applicable to your application, please specify them below:

Development/Precinct Code

Please specify which development code applies to this application.

Commercial Zones Development Code

Please specify all relevant precinct code/s applied to your proposalDickson Precinct Map and Code

Fully Describe Your Proposal

Please provide a full description of your proposal (Note: This must accurately describe allaspects of your proposal and include any lease changes being applied for.)1.Installation of a Grease Trap with associated conduits and duct work to the rear to the shop; and

2.Installation of a pizza oven exhaust duct at the rear of the building.

Proposed Use of the Land

Describe the use of the development. Example: Office, restaurant, and business agency limited to300m2 gross floor area. (Note: Please refer to the Territory Plan definitions for land usedefinitions. Please also consider what is permitted under any Crown Lease for the site.)SHOP (takeaway food shop) and restaurant.

Is the proposed use consistent with the current Crown lease?

Yes

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Assessment Track

Please indicate which assessment track applies to this Development Application: (If you are notsure which assessment track applies, please contact Environment and Planning Directorate on(02)62071923)

Merit

For more information about which track your development application will be assessed in, pleaseclick here. Please note, the Environment and Planning Directorate may refuse to accept adevelopment application made in an incorrect assessment track. If the Environment and PlanningDirectorate assesses an application made in the incorrect assessment track it must refuse theapplication (S.114 (3)).

Type of Development

Please indicate which type of development applies to this development application.

Non-Residential (including Commercial and Industrial)

Non-Residential

Please select a Non-Residential sub type:

Additions/Alterations to existing building

Do the additions exceed 1 storey in height?

No

Gross Floor Area (GFA) and Cost of Works

Please ensure that all values contain a decimal point followed by two digits

Gross Floor Area Calculation

A - Gross Floor Area (existing) (m2)

110.00

B - Gross Floor Area to be demolished (m2)

0.00

C - Gross Floor Area to be added (m2)

0.00

D - Total Gross Floor Area of development (A-B+C)(m2)

110

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E - COST OF WORKS ($)

0.00

Other Area Calculation (not already included in the areas provided above)

F - Area of other BCA Class 10 structures included in this application(e.g. metal carport, pergola, deck, verandah) (m2)

0.00

G - Parking areas – undercover

0.00

H - COST OF WORKS (F & G) ($)

0.00

Cost of Associated Works

I - Cost of all associated works such as landscaping ($)

0.00

J - Cost of all public works and/or off site works ($)

15000.00

K - TOTAL COST OF WORKS (E+H+I+J)

15000

*Cost of works MUST be calculated in accordance with the current version of Building (General)(Cost of Building Work) Determination OR a summary of costs from a bill of quantities prepared bya quantity surveyor supplied with application. A summary of costs from a bill of quantities MAYbe requested for proposals where cost of work is between $0 and $10 million. A summary ofcosts from a bill of quantities MUST be provided for proposals where cost of work is over $10million.

Demolition, Trees

Demolition

Is the Demolition item relevant to your proposal?

No

Trees

Is the Trees item relevant to your proposal?

No

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Heritage

Heritage

Is the Heritage item relevant to your proposal?

No

Hazardous Materials, Contamination, Erosion and Sediment Control

Hazardous Material

Is the Hazardous Materials item relevant to your proposal?

No

Contamination

Is the Contamination item relevant to your proposal?

No

Erosion and Sediment Control (for sites less than 0.3 of a hectare)

Is the Erosion and Sediment Control (for sites less than 0.3 of a hectare) item relevant to yourproposal?

No

For works such as class 10 structures, additions and alterations, and backyard swimming pools - anote on the plan that "the development will comply with the ACT Environment Protection Authority,Environment Protection Guidelines for Construction and Land Development in the ACT" isrequired. In circumstances where there is a reasonable risk that soil from the required earth worksin the front of the block will impact on the stormwater system because the block slopes towardsthe street a separate Erosion & Sediment Control Plan will be required

Erosion and Sediment Control (for sites greater than 0.3 of a hectare)

Is the Erosion and Sediment Control (for sites greater than 0.3 of a hectare) item relevant to yourproposal?

No

Waste Management, Noise

Waste Management for waste facilities and management

Is the Waste Management (for waste facilities) item relevant to your proposal?

No

Waste Management for liquid trade waste

Is the Waste Management (for liquid trade waste) item relevant to your proposal?

Yes

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Have you provided Entity Endorsement?

Yes

Noise

Is the Noise Management item relevant to your proposal?

No

Servicing & Site Management, Utilities

Servicing and Site Management

Is the Servicing and Site Management item relevant to your proposal?

No

Utilities

Is the Utilities item relevant to your proposal?

Yes

Please tick the relevant entities

Water

Sewerage

Have you provided Entity Endorsement?

Yes

National Capital Plan, Crime Prevention, Access & Mobility, Traffic Generation

National Capital Plan

Is the National Capital Plan item relevant to your proposal?

No

Crime Prevention through Environmental Design

Is the Crime Prevention item relevant to your proposal?

No

Access and Mobility

Is the Access and Mobility item relevant to your proposal?

No

Traffic Generation

Is the Traffic Generation item relevant to your proposal?

No

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Site Access, Parking, Landscape, Lighting

Site Access

Is the Site Access item relevant to your proposal?

No

Landscape

Is the Landscape item relevant to your proposal?

No

Lighting

Is the Lighting item relevant to your proposal?

No

Signs, Neighbourhood Plans, Water Sensitive Urban Design

Signs

Is the Signs item relevant to your proposal?

No

Neighbourhood Plans

Is the Neighbourhood Plans item relevant to your proposal?

No

Water Sensitive Urban Design (Mains Water Consumption)

Is the Water Sensitive Urban Design (Mains Water Consumption) item relevant to your proposal?

No

Water Sensitive Urban Design (Stormwater Quality)

Is the Water Sensitive Urban Design (Stormwater Quality) item relevant to your proposal?

No

Driveways (For works on verge only)

PLEASE NOTE: For proposals that include construction or modification of a driveway thisapplication MUST be signed by the land custodian (Government Land Custodian - AssetAcceptance) as the works will be undertaken on unleased land EXCEPT FOR DUALOCCUPANCY DEVELOPMENT PROPOSALS. For more information on driveways, garages andcarports, please click here.

Does your proposal include construction or modification of driveway/s?

No

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Survey Requirements - S.139(2)(l) - P & D Act 2007

If this application is for approval of a development that requires construction work to be carried outon land that has previously been developed and is not leased for rural purposes, a surveycertificate for the land where the development is to be carried out (prepared and signed by aregistered surveyor) must accompany this application unless exempt by Regulation 25 of thePlanning and Development Regulations 2008

Do you have a survey certificate with this application?

Not Relevant

Development Undertaken Without Approval - S.205 - P & D Act 2007

Is this application for development undertaken without approval?

No

If YES - Under Section 139(2)(m) of the Planning and Development Act 2007,plans of thedevelopment signed by a registered surveyor confirming the location and dimensions of thedevelopment must be submitted with this application. The plans need to confirm the height, widthand length dimensions of the development and the setback dimensions of the development fromthe block boundaries. The information may be provided on one plan or on a series of plansprovided each plan is signed by a registered surveyor. Note: For all unapproved developmentinvolving construction the location and nature of earthworks, utility connections, proposedbuildings, pavements and landscape features must comply with utility standards, accessprovisions and asset clearance zones. For more information on development exempt fromapproval, please click here. For more information on development applications for developmentsundertaken without approval, please refer to S205 under the Planning and Development Act 2007

Exclusion from Public Inspection

In accordance with the requirements of Sections 28 and 30 of the Planning and Development Act2007, the Environment and Planning Directorate must make the details and associated documentsrelevant to a development application available for public inspection.

If you wish to apply to have all or part of this development application excluded from publicinspection, you must meet the requirements of Section 411(5) or 412(1) of the Planning andDevelopment Act 2007

Are you requesting an exclusion from Public Inspection?

No

Conflict of Interest Declaration

Does the applicant or the lessee have any association with the Environment and PlanningDirectorate staff?

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Yes

Please provide details:The applicant is married to Rumana Jamaly who is a staff of Environment Planning and Sustainable Development

Directorate.

NOTE: There are penalties for deliberately giving false and misleading information. The Planningand Land Authority or Minister may revoke an approval if satisfied that the approval was obtainedby fraud or misrepresentation

Applicant/Lessee Declaration

I/we hereby apply for approval to carry out the development described on the land specified in thisapplication;

I/we declare that this application is accompanied by all of the required information or documentsthat address the relevant rules and/or relevant criteria for it to be considered for approval;

I/we understand that the information submitted with this application form will undergo adocumentation check prior to the payment of fees and formal lodgement of the application. Furtherinformation may be required prior to the acceptance of the development application by theDirectorate;

I /we understand that this application will be considered lodged once the relevant application feeshave been paid;

I/we understand that if during the assessment of this application it is found to have been submittedin the incorrect assessment track the application will be refused and I/we will not be entitled to arefund or transfer of fees;

I/we understand that the documentation provided on CD/DVD or via the electronic lodgementprocess will be considered to be the relevant documentation associated with this application. Alldevelopment application documentation will be made available for public inspection including viathe Internet unless exclusion has been approved;

If the time for deciding the application (prescribed period) has ended and a decision has not beenreached I/we understand that the application will be deemed refused and the Environment andPlanning Directorate will not provide written advice of this decision.

I/we also understand that the Environment and Planning Directorate is able to still consider theapplication and make a decision after the expiration of the prescribed period;

I/we hereby authorise the Environment and Planning Directorate its servants and agents to erectsign/s on the subject property(s) as required and authorise ACT Government officers to access thesubject property(s) for the purpose of evaluating the proposal(including the inspection of drivewaysand trees);

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I/we(lessee) appoint the applicant whose signature appears in the attached letter of appointmentto act on my/our behalf in relation to this Development Application. This authorises the applicant topay all application fees, bonds and securities, liaise with the Environment and Planning Directoratewhen required, alter, amend or provide further information as necessary and receive anycommunications relating to this Development Application;

I/we declare that information relating to utility standards, access provisions and asset clearancezones has been sought from the relevant utility providers and this development application hasbeen prepared in accordance with their requirements;

I understand that costs associated with the relocation of any engineering services (light poles,storm water, sumps etc) will be at my expense and that I will indemnify the ACT Government, itsservants and agents against any claims arising during the relocation of these services;

I understand that construction of any driveway associated with this application may not commenceuntil the contractor has received endorsement by the relevant government entity;

I understand that a Certificate of Design Acceptance and a Road Opening Permit and TemporaryManagement Plan must be obtained from the relevant government agencies prior to the start ofconstruction works;

I/we declare that all the information given on this form and its attachments is true and complete;

If lodging on behalf of a company, organisation or Government agency: -

I/we declare I/we have the appropriate delegation or authority to sign on behalf of the company,organisation or Government agency;

I declare that I am the person shown in this eDA form as the Applicant, and by clicking theACCEPT button below I understand that this replaces my requirement to sign a hard copy of thisapplication.

I accept the above declarations

Accept

Acceptance date

08 Aug 2017

Before Submitting

You have almost completed the first stage of your Development Application/Pre-Applicationrequest. PLEASE ENSURE YOUR WIZARD SESSION IS SAVED BEFORE PROCEEDING.This will enable you to resume your session in the event of a system outage or other interuption.

When you click on Finish below, you will be navigated to a new page which will enable you toupload any associated plans/documents prior to submitting to EPD for review.

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Development applications (DAs) can be delayed unnecessarily because EPD does not have allthe information it needs to undertake an assessment and make a decision.To avoid delays ensure all required sections of the wizard are answered correctly and all requireddocumentation is uploaded. In particular:1. A signed appointment letter from all lessee's must be provided if works are to performed on theverge, a signed endorsement letter must be provided by the relevant Government Custodian;2. Public register plans for residential applications are included;3. You MUST include a statement against the criteria for development applications that will beassessed in the Merit track;4. If the application is for a single unit on a unit titled block body corporate authorisation is requiredif there is works on a common propertyIf you are still not sure how to proceed or want to ensure you have everything you need for yourapplication, you can visit the EPD Customer Service Centre, 16 Challis Street, Dickson, or call uson 6207 1923 and ask to speak with a technical officer.

Privacy Notice

The personal information on this form is provided to the Environment and Planning Directorate(EPD) to enable the processing of your application. The collection of personal information isauthorised by the Planning and Development Act 2007. If all or some of the personal informationis not collected EPD cannot process your application. The Planning and Development Act 2007requires the details of applications, decisions and orders to be kept on a register and madeavailable for public inspection. Information and documentation relevant to a developmentapplication may be made available via the Internet. The personal information you provide may bedisclosed to Australian Bureau of Statistics, ACT Revenue Office, the Registrar General’s Office,ACTEW Corporation, ActewAGL, Territory and Municipal Services Directorate and otherGovernment agencies with a direct interest in the development assessment process. Theinformation may also be disclosed where authorised by law or court order, or where theDirectorate reasonably believes that the use or disclosure of the information is reasonablynecessary for enforcement-related activities conducted by, or on behalf of, an enforcement body.EPD’s Information Privacy Policy contains information about how you may access or seek tocorrect your personal information held by EPD, and how you may complain about an allegedbreach of the Territory Privacy Principles. The EPD Information Privacy Policy can be found atwww.environment.act.gov.au

Does the Commonwealth Environment Protection and Biodiversity Conservation Act 1999(EPBC) affect your proposal?

The EPBC came into operation on 16 July 2000. It establishes an environmental assessment andapproval system that is separate and distinct from the ACT system. It does not affect the validity ofACT development assessment and approval processes, but may affect the assessment track. TheACT cannot provide preliminary advice on whether a proposal falls within the definition of acontrolled action, or requires referral to the Commonwealth. You should consult with theCommonwealth to determine if your proposal is a controlled action before seeking any approvalsunder the Planning and Development Act 2007. For information about the EPBC, including thereferral process and when a referral should be made, contact: the Department of Sustainability,Environment, Water, Population and Communities, GPO Box 787, CANBERRA ACT 2601Telephone: 62741111

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Contact Details: Environment and Planning Directorate Customer Service Centre GPO Box158, Canberra City 2601 16 Challis Street, Dickson ACT 2602 Business Hours: 8.30am to4.30pm weekdays (excluding Public Holidays) Phone: (02) 6207 1923 Email:[email protected] Website: www.environment.act.gov.au

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Planning and Development Act 2007

Development ApplicationApplication Number: 201733028

Before Starting

PLEASE NOTE: This wizard will time out if left inactive for a period of more than two hours, afterwhich time you will lose your application and be required to complete a new wizard. It isrecommended you save this session if it is to be left inactive for an extended period of time.

Please ensure that your screen is set to the highest resolution (e.g. 1280 by 1024 pixels) to ensureall content in the wizard is visible.

Type of Application

The type of application you are applying for is a New Application

Are you applying for a:

Development Application

Has a pre-application meeting been held in relation to this proposal?

Yes

Lease/Site Details

Site Number: 1

If your rural property is identified by a Block/Section/Suburb, please select the "Urban" radiobutton.

Urban

Street Address

MAWSON

Suburb

MAWSON

Section

8

Block Number

30

Unit Number

Applicant Details

What type of applicant are you:

Business

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Email

[email protected]

Phone Number

62948059

Fax Number Mobile Number

Suburb

Gordon

State/Territory

ACT

Postcode

2906

Country

Australia

Postal Address 3

Gordon

Postal Address 1

35 Clem Hill Street

Postal Address 2

Salutation

None

First Name

Shamsul

Surname

Huda

Company Name

4thD Planning & Design Pty Ltd

Position held / Title

Director

ACN or ABN

68154870078

Lessee (Property Owners) Details

Lessee Number: 1

Is the Lessee a:

Standard lessee

Email

[email protected]

Phone Number

0402774855

Fax Number Mobile Number

0402774855

Suburb

Lyons

State/Territory

ACT

Postcode

2606

Country

Postal Address 3

Postal Address 1

16 Glenorchy Street

Postal Address 2

Salutation

Mr

First Name

John

Surname

Carr

Notice of Decision and Plans

Please specify the delivery method for the return of plans. Unless otherwise specified, your Noticeof Decision and/or plans will be returned via email.

Email

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No

Zone

Please specify which zone applies to this application (please select one zone only). Please clickhere to access ACTMAPi and locate the zone.

RZ2 Suburban core zone

If more than one zone is applicable to your application, please specify them below:

Development/Precinct Code

Please specify which development code applies to this application.

Residential zones - Multi-Unit Housing Development Code

Please specify all relevant precinct code/s applied to your proposalMawson Precinct Map and Code

Loose-Fill Asbestos

Is this a loose-fill asbestos affected ("Mr Fluffy") block?

No

Fully Describe Your Proposal

Please provide a full description of your proposal (Note: This must accurately describe allaspects of your proposal and include any lease changes being applied for.)The proposal is to demolish the current building, the garage and other structures and then build three new adaptable

dwellings with associated access, roofed car parking and landscaping on site. The specific aspects of the proposal

forming part of this DA include the following:

1.Demolition of existing single storey residence, metal garage, concrete driveway and paths and all retaining wall on

site.

2.Construction of three new two storey adaptable dwellings with associated roofed car spaces on site.

3.One new verge crossing and access driveway is proposed from Hurley Street to the site. The old verge crossing and

driveway will be removed and the affected verge area reinstated.

4.Landscaping is proposed along the street frontage and the two side boundaries of the site.

5.The current block is proposed to be subdivided under the Unit Titles Act 2001 to create three new unit lots.

A separate DA (DA Number 201732008) for lease variation has been lodged and is under consideration by EPSD at

the moment.

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Proposed Use of the Land

Describe the use of the development. Example: Residential use for a maximum of 7 residentialunits. (Note: Please refer to the Territory Plan definitions for land use definitions. Please alsoconsider what is permitted under any Crown Lease for the site.)Residential use for a maximum of 3 residential units.

Is the proposed use consistent with the current Crown lease?

No

Assessment Track

Please indicate which assessment track applies to this Development Application: (If you are notsure which assessment track applies, please contact Environment, Planning and SustainableDevelopment Directorate on (02)62071923)

Merit

For more information about which track your development application will be assessed in, pleaseclick here. Please note, the Environment, Planning and Sustainable Development Directoratemay refuse to accept a development application made in an incorrect assessment track. If theEnvironment, Planning and Sustainable Development Directorate assesses an application made inthe incorrect assessment track it must refuse the application (S.114 (3)).

Type of Development

Please indicate which type of development applies to this development application.

Multiple Dwelling

Multiple Dwelling

Please select a Multiple Dwelling sub type:

New Development

Number of new dwellings to be constructed

3

Total number of Dwellings on the block

3

Does your proposal involve work on a Dual Occupancy development?

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No

Community Consultation Summary

Is this proposal -

A building for residential use with 3 or more storeys and 15 or more dwellings?

No

A building with a gross floor area of more than 5000m2?

No

A building or structure more than 25m above finished ground level?

No

A variation of a lease to remove its concessional status?

No

Please Note A development application cannot be lodged if the development proposal meetsone of the triggers and the application does not include the pre-DA lodgement communityconsultation form.

Gross Floor Area (GFA) and Cost of Works

Please ensure that all values contain a decimal point followed by two digits

Gross Floor Area Calculation

A - Gross Floor Area (existing) (m2)

206.40

B - Gross Floor Area to be demolished (m2)

206.40

C - Gross Floor Area to be added (m2)

452.76

D - Total Gross Floor Area of development (A-B+C)(m2)

452.76

E - COST OF WORKS ($)

679140.00

Other Area Calculation (not already included in the areas provided above)

F - Area of other BCA Class 10 structures included in this application

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(e.g. metal carport, pergola, deck, verandah) (m2)

77.43

G - Parking areas – undercover

0.00

H - COST OF WORKS (F & G) ($)

85173.00

Cost of Associated Works

I - Cost of all associated works such as landscaping ($)

10000.00

J - Cost of all public works and/or off site works ($)

10000.00

K - TOTAL COST OF WORKS (E+H+I+J)

784313

*Cost of works MUST be calculated in accordance with the current version of Building (General)(Cost of Building Work) Determination OR a summary of costs from a bill of quantities prepared bya quantity surveyor supplied with application. A summary of costs from a bill of quantities MAYbe requested for proposals where cost of work is between $0 and $10 million. A summary ofcosts from a bill of quantities MUST be provided for proposals where cost of work is over $10million.

Demolition, Trees, Waste Management

Demolition

Is the Demolition item relevant to your proposal?

Yes

Have you provided Entity Endorsement?

No

Have you provided required documentation for referral to Entity?

Yes

Trees

"Protected tree" is defined under the Tree Protection Act 2005.

In accordance with section 148 of the Planning and Development Act 2007, where the

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development proposal requires groundwork within the tree protection zone of a protected tree, oris likely to cause damage to or removal of, any protected trees, the application is to beaccompanied by a Tree Management Plan

For more information about urban tree protection in the ACT, please click here.

Is the Trees item relevant to your proposal?

No

Waste Management

NOTE: Only relevant for single dwelling housing where the development will generate a total of 20cubic metres or greater of demolition and/or excavation waste

Is the Waste Management item relevant to your proposal?

No

Heritage

Heritage

Is the Heritage item relevant to your proposal?

No

Hazardous Materials, Contamination, Erosion and Sediment Control

Hazardous Material

Is the Hazardous Materials item relevant to your proposal?

No

Contamination

Is the Contamination item relevant to your proposal?

No

Erosion and Sediment Control (for sites less than 0.3 of a hectare)

Is the Erosion and Sediment Control (for sites less than 0.3 of a hectare) item relevant to yourproposal?

Yes

Have you provided Entity Endorsement?

No

Have you provided required documentation for referral to Entity?

Yes

For works such as class 10 structures, additions and alterations, and backyard swimming pools - a

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note on the plan that "the development will comply with the ACT Environment Protection Authority,Environment Protection Guidelines for Construction and Land Development in the ACT" isrequired. In circumstances where there is a reasonable risk that soil from the required earth worksin the front of the block will impact on the stormwater system because the block slopes towardsthe street a separate Erosion & Sediment Control Plan will be required

Erosion and Sediment Control (for sites greater than 0.3 of a hectare)

Is the Erosion and Sediment Control (for sites greater than 0.3 of a hectare) item relevant to yourproposal?

No

Servicing & Site Management, Utilities

Servicing and Site Management

Is the Servicing and Site Management item relevant to your proposal?

Yes

Have you provided Entity Endorsement?

No

Have you provided required documentation for referral to Entity?

Yes

Utilities

Is the Utilities item relevant to your proposal?

Yes

Please tick the relevant entities

Water

Electricity

Sewerage

Gas

Stormwater

Have you provided Entity Endorsement?

No

Have you provided required documentation for referral to Entity?

Yes

Subdivision (residential zones)

Subdivision (residential zones)

Is the Subdivision (residential zones) item relevant to your proposal?

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No

National Capital Plan, Crime Prevention, Access & Mobility, Traffic Generation

National Capital Plan

Is the National Capital Plan item relevant to your proposal?

No

Crime Prevention through Environmental Design

Is the Crime Prevention item relevant to your proposal?

No

Access and Mobility

Is the Access and Mobility item relevant to your proposal?

Yes

Have you provided documentation that demonstrates how your proposal complies with therequirements of the Territory Plan?

Yes

Traffic Generation

Is the Traffic Generation item relevant to your proposal?

No

Parking

Parking (car)

Is the Parking (car) item relevant to your proposal?

Yes

Have you provided documentation that demonstrates how your proposal complies with therequirements of the Territory Plan?

Yes

Parking (bicycle)

Is the Parking (bicycle) item relevant to your proposal?

No

Signs, Neighbourhood Plans, Water Sensitive Urban Design

Signs

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Is the Signs item relevant to your proposal?

No

Neighbourhood Plans

Is the Neighbourhood Plans item relevant to your proposal?

No

Water Sensitive Urban Design (Mains Water Consumption)

Is the Water Sensitive Urban Design (Mains Water Consumption) item relevant to your proposal?

Yes

Have you provided documentation that demonstrates how your proposal complies with therequirements of the Territory Plan?

Yes

Water Sensitive Urban Design (Stormwater Quality)

Is the Water Sensitive Urban Design (Stormwater Quality) item relevant to your proposal?

No

Water Sensitive Urban Design

Water Sensitive Urban Design (Stormwater Quantity)

Is the Water Sensitive Urban Design (Stormwater Quantity) item relevant to your application?

No

Driveways (For works on verge only)

PLEASE NOTE: For proposals that include construction or modification of a driveway thisapplication MUST be signed by the land custodian (Government Land Custodian - AssetAcceptance) as the works will be undertaken on unleased land EXCEPT FOR DUALOCCUPANCY DEVELOPMENT PROPOSALS. For more information on driveways, garages andcarports, please click here.

Does your proposal include construction or modification of driveway/s?

Yes

Please indicate the works to be undertaken

Construction of new driveway

Survey Requirements - S.139(2)(l) - P & D Act 2007

If this application is for approval of a development that requires construction work to be carried outon land that has previously been developed and is not leased for rural purposes, a survey

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certificate for the land where the development is to be carried out (prepared and signed by aregistered surveyor) must accompany this application unless exempt by Regulation 25 of thePlanning and Development Regulations 2008

Do you have a survey certificate with this application?

Yes

Development Undertaken Without Approval - S.205 - P & D Act 2007

Is this application for development undertaken without approval?

No

If YES - Under Section 139(2)(m) of the Planning and Development Act 2007,plans of thedevelopment signed by a registered surveyor confirming the location and dimensions of thedevelopment must be submitted with this application. The plans need to confirm the height, widthand length dimensions of the development and the setback dimensions of the development fromthe block boundaries. The information may be provided on one plan or on a series of plansprovided each plan is signed by a registered surveyor. Note: For all unapproved developmentinvolving construction the location and nature of earthworks, utility connections, proposedbuildings, pavements and landscape features must comply with utility standards, accessprovisions and asset clearance zones. For more information on development exempt fromapproval, please click here. For more information on development applications for developmentsundertaken without approval, please refer to S205 under the Planning and Development Act 2007

Exclusion from Public Inspection

In accordance with the requirements of Sections 28 and 30 of the Planning and Development Act2007, the Environment, Planning and Sustainable Development Directorate must make the detailsand associated documents relevant to a development application available for public inspection.

If you wish to apply to have all or part of this development application excluded from publicinspection, you must meet the requirements of Section 411(5) or 412(1) of the Planning andDevelopment Act 2007

Are you requesting an exclusion from Public Inspection?

No

Conflict of Interest Declaration

Does the applicant or the lessee have any association with the Environment, Planning andSustainable Development Directorate staff?

Yes

Please provide details:The applicant is the husband of Rumana Jamaly who is an EPSD staff.

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NOTE: There are penalties for deliberately giving false and misleading information. The Planningand Land Authority or Minister may revoke an approval if satisfied that the approval was obtainedby fraud or misrepresentation

Applicant/Lessee Declaration

I/we hereby apply for approval to carry out the development described on the land specified in thisapplication;

I/we declare that this application is accompanied by all of the required information or documentsthat address the relevant rules and/or relevant criteria for it to be considered for approval;

I/we understand that the information submitted with this application form will undergo adocumentation check prior to the payment of fees and formal lodgement of the application. Furtherinformation may be required prior to the acceptance of the development application by theAuthority;

I /we understand that this application will be considered lodged once the relevant application feeshave been paid;

I/we understand that if during the assessment of this application it is found to have been submittedin the incorrect assessment track the application will be refused and I/we will not be entitled to arefund or transfer of fees;

I/we understand that the documentation provided on CD/DVD or via the electronic lodgementprocess will be considered to be the relevant documentation associated with this application. Alldevelopment application documentation will be made available for public inspection including viathe Internet unless exclusion has been approved;

If the time for deciding the application (prescribed period) has ended and a decision has not beenreached I/we understand that the application will be deemed refused and the Environment,Planning and Sustainable Development Directorate will not provide written advice of this decision.I/we also understand that the Environment, Planning and Sustainable Development Directorate isable to still consider the application and make a decision after the expiration of the prescribedperiod;

I/we hereby authorise the Environment, Planning and Sustainable Development Directorate itsservants and agents to erect sign/s on the subject property(s) as required;

I/we hereby authorise ACT Government officers to access the subject property(s) for the purposeof evaluating the proposal(including the inspection of driveways and trees);

I/we (lessee) appoint the applicant whose signature appears in the attached letter of appointmentto act on my/our behalf in relation to this Development Application. This authorises the applicant topay all application fees, bonds and securities, liaise with the Environment, Planning andSustainable Development Directorate when required, alter, amend or provide further informationas necessary and receive any communications relating to this Development Application;

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I understand that costs associated with the relocation of any engineering services (light poles,storm water, sumps etc) will be at my expense and that I will indemnify the ACT Government, itsservants and agents against any claims arising during the relocation of these services;

I understand that construction of any driveway associated with this application may not commenceuntil the contractor has received endorsement by the relevant government entity;

I understand that a Certificate of Design Acceptance and a Road Opening Permit and TemporaryManagement Plan must be obtained from the relevant government agencies prior to the start ofconstruction works;

I/we declare that all the information given on this form and its attachments is true and complete;

If lodging on behalf of a company, organisation or Government agency: -

I/we declare I/we have the appropriate delegation or authority to sign on behalf of the company,organisation or Government agency;

I declare that I am the person shown in this eDA form as the Applicant, and by clicking theACCEPT button below I understand that this replaces my requirement to sign a hard copy of thisapplication.

I accept the above declarations

Accept

Acceptance Date

23 Nov 2017

Before Submitting

You have almost completed the first stage of your Development Application/Pre-Applicationrequest. PLEASE ENSURE YOUR WIZARD SESSION IS SAVED BEFORE PROCEEDING.This will enable you to resume your session in the event of a system outage or other interuption.

When you click on Finish below, you will be navigated to a new page which will enable you toupload any associated plans/documents prior to submitting to EPSDD for review.

Development applications (DAs) can be delayed unnecessarily because EPSDD does not have allthe information it needs to undertake an assessment and make a decision.To avoid delays ensure all required sections of the wizard are answered correctly and all requireddocumentation is uploaded. In particular:1. A signed appointment letter from all lessee's must be provided if works are to performed on theverge, a signed endorsement letter must be provided by the relevant Government Custodian;2. Public register plans for residential applications are included;3. You MUST include a statement against the criteria for development applications that will beassessed in the Merit track;

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4. If the application is for a single unit on a unit titled block body corporate authorisation is requiredif there is works on a common propertyIf you are still not sure how to proceed or want to ensure you have everything you need for yourapplication, you can visit the EPSDD Customer Service Centre, 16 Challis Street, Dickson, or callus on 6207 1923 and ask to speak with a technical officer.

Privacy Notice

The personal information on this form is provided to the Environment, Planning and SustainableDevelopment Directorate (EPSDD) to enable the processing of your application. The collection ofpersonal information is authorised by the Planning and Development Act 2007. If all or some ofthe personal information is not collected EPSDD cannot process your application. The Planningand Development Act 2007 requires the details of applications, decisions and orders to be kept ona register and made available for public inspection. Information and documentation relevant to adevelopment application may be made available via the Internet. The personal information youprovide may be disclosed to Australian Bureau of Statistics, ACT Revenue Office, the RegistrarGeneral’s Office, ACTEW Corporation, ActewAGL, Territory and Municipal Services Directorateand other Government agencies with a direct interest in the development assessment process.The information may also be disclosed where authorised by law or court order, or where theDirectorate reasonably believes that the use or disclosure of the information is reasonablynecessary for enforcement-related activities conducted by, or on behalf of, an enforcement body.EPSDD’s Information Privacy Policy contains information about how you may access or seek tocorrect your personal information held by EPSDD, and how you may complain about an allegedbreach of the Territory Privacy Principles. The EPSDD Information Privacy Policy can be found atwww.environment.act.gov.au

Does the Commonwealth Environment Protection and Biodiversity Conservation Act 1999(EPBC) affect your proposal?

The EPBC came into operation on 16 July 2000. It establishes an environmental assessment andapproval system that is separate and distinct from the ACT system. It does not affect the validity ofACT development assessment and approval processes, but may affect the assessment track. TheACT cannot provide preliminary advice on whether a proposal falls within the definition of acontrolled action, or requires referral to the Commonwealth. You should consult with theCommonwealth to determine if your proposal is a controlled action before seeking any approvalsunder the Planning and Development Act 2007. For information about the EPBC, including thereferral process and when a referral should be made, contact: the Department of Sustainability,Environment, Water, Population and Communities, GPO Box 787, CANBERRA ACT 2601Telephone: 62741111

Contact Details: Environment, Planning and Sustainable Development Directorate CustomerService Centre GPO Box 158, Canberra City 2601 16 Challis Street, Dickson ACT 2602Business Hours: 8.30am to 4.30pm weekdays (excluding Public Holidays) Phone: (02) 6207 1923Email: [email protected] Website: www.environment.act.gov.au

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Planning and Development Act 2007

Development ApplicationApplication Number: 201733028S165A

Type of Application

The type of application you are applying for is a S165 Amendment

Lease/Site Details

Site Number: 1

Street Address

MAWSON

Suburb

MAWSON

Section

8

Block Number

30

Unit Number

Applicant Details

Email

[email protected]

Phone Number

62948059

Fax Number Mobile Number

Suburb

Gordon

State/Territory

ACT

Postcode

2906

Country

Australia

Postal Address 3

Gordon

Postal Address 1

35 Clem Hill Street

Postal Address 2

Salutation

None

First Name

Shamsul

Surname

Huda

Company Name

4thD Planning & Design Pty Ltd

Position held / Title

Director

ACN or ABN

68154870078

Lessee (Property Owners) Details

Lessee Number: 1

Is the Lessee a

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Standard

Email

[email protected]

Phone Number

0402774855

Fax Number Mobile Number

0402774855

Suburb

Lyons

State/Territory

ACT

Postcode

2606

Country

Postal Address 3

Postal Address 1

16 Glenorchy Street

Postal Address 2

Salutation

None

First Name

John

Surname

Carr

List Amendments Being Satisfied

1. Height of bedroom walls facing northern boundary reduced by 300mm.

2. Retaining wall at southwest corner stepped to reduce high wall effect and increased soft landscaping. Driveway

area in front of unit 3 readjusted/reduced.

3. Additional semi-mature trees provided within POS of units 2 and 3.

4. Storage sheds of units 1,2 & 3 deleted from northern boundary and screen hedge planting added/continued.

Underside of stairs of units 1 & 2 to be used for storage. For unit 3, storage shed relocated to the eastern side of the

building.

5. Door height under stairs of units 2 and 3 to be 1200 as noted on Ground Floor Plan.

6. Letterbox wall in front readjusted to stay clear of sightlines.

Applicant Declaration

I/we declare that this application is accompanied by all of the required information or documents

that address the relevant rules and/or relevant criteria for it to be considered for approval;

I /we understand that this application will be considered lodged once any relevant application fees

have been paid;

I/we understand that the documentation provided on CD/DVD or via the electronic lodgment

process will be considered to be the relevant documentation associated with this application. All

development application documentation will be made available for public inspection including via

the Internet unless exclusion has been approved;I/we understand that an amendment may be

notified in accordance with the requirements of the Planning and Development Act 2007.

I/we declare that all the information given on this form and its attachments is true and complete;

If signing on behalf of a company, organisation or Government agency: -

I/we the undersigned, declare I/we have the appropriate delegation or authority to sign on behalf of

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the company, organisation or Government agency.

I accept the above declarations:

Accept

Acceptance Date

28/03/2018

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Planning and Development Act 2007

Development ApplicationApplication Number: 201733172

Before Starting

PLEASE NOTE: This wizard will time out if left inactive for a period of more than two hours, afterwhich time you will lose your application and be required to complete a new wizard. It isrecommended you save this session if it is to be left inactive for an extended period of time.

Please ensure that your screen is set to the highest resolution (e.g. 1280 by 1024 pixels) to ensureall content in the wizard is visible.

Type of Application

The type of application you are applying for is a New Application

Are you applying for a:

Development Application

Has a pre-application meeting been held in relation to this proposal?

No

Lease/Site Details

Site Number: 1

If your rural property is identified by a Block/Section/Suburb, please select the "Urban" radiobutton.

Urban

Street Address

CALWELL

Suburb

CALWELL

Section

798

Block Number

16

Unit Number

Applicant Details

What type of applicant are you:

Business

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Email

[email protected]

Phone Number

62948059

Fax Number Mobile Number

Suburb

Gordon

State/Territory

ACT

Postcode

2906

Country

Australia

Postal Address 3

Gordon

Postal Address 1

35 Clem Hill Street

Postal Address 2

Salutation

None

First Name

Shamsul

Surname

Huda

Company Name

4thD Planning & Design Pty Ltd

Position held / Title

Director

ACN or ABN

68154870078

Lessee (Property Owners) Details

Lessee Number: 1

Is the Lessee a:

Organisation or Government entity

Email

[email protected]

Phone Number

0262924480

Fax Number Mobile Number

0423927769

Suburb

Calwell

State/Territory

ACT

Postcode

2905

Country

Australia

Postal Address 3

Postal Address 1

Tuggeranong Netball Associatio

Postal Address 2

Were Street

Salutation

Mr

First Name

David

Surname

Tronerud

Company Name

Tuggeranong Netball Association Incorporated

Position held / Title

Vice President Administration

Australian Business Number (ABN)

39054408300

Notice of Decision and Plans

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Please specify the delivery method for the return of plans. Unless otherwise specified, your Noticeof Decision and/or plans will be returned via email.

Email

Are you applying for an Estate Development Plan OR Home Business?

No

Zone

Please specify which zone applies to this application (please select one zone only). Please clickhere to access ACTMAPi and locate the zone.

PRZ1 Urban open space zone

If more than one zone is applicable to your application, please specify them below:

Development/Precinct Code

Please specify which development code applies to this application.

Parks and Recreation Zone Development Code

Please specify all relevant precinct code/s applied to your proposalCalwell Precinct Map and Code

Fully Describe Your Proposal

Please provide a full description of your proposal (Note: This must accurately describe allaspects of your proposal and include any lease changes being applied for.)The proposal is to re-arrange the internal layout of the current washroom facilities and enclose a small open corner of

the existing Club House Building at the Tuggeranong Netball Centre in Calwell, ACT.

Proposed Use of the Land

Describe the use of the development. Example: Office, childcare facility, gymnasium. (Note:Please refer to the Territory Plan definitions for land use definitions. Please also consider what ispermitted under any Crown Lease for the site.)Outdoor Recreation Facility

Is the proposed use consistent with the current Crown lease?

Yes

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Assessment Track

Please indicate which assessment track applies to this Development Application: (If you are notsure which assessment track applies, please contact Environment, Planning and SustainableDevelopment Directorate on (02)62071923)

Merit

Has an Environmental Significance Opinion been sought for this proposal?

No

For more information about which track your development application will be assessed in, pleaseclick here. Please note, the Environment, Planning and Sustainable Development Directoratemay refuse to accept a development application made in an incorrect assessment track. If theEnvironment, Planning and Sustainable Development Directorate assesses an application made inthe incorrect assessment track it must refuse the application (S.114 (3)).

Type of Development

Please indicate which type of development applies to this development application.

Non-Residential (including Commercial and Industrial)

Non-Residential

Please select a Non-Residential sub type:

Additions/Alterations to existing building

Do the additions exceed 1 storey in height?

No

Community Consultation Summary

Is this proposal -

A building for residential use with 3 or more storeys and 15 or more dwellings?

No

A building with a gross floor area of more than 5000m2?

No

A building or structure more than 25m above finished ground level?

No

A variation of a lease to remove its concessional status?

No

Please Note A development application cannot be lodged if the development proposal meets

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one of the triggers and the application does not include the pre-DA lodgement communityconsultation form.

Gross Floor Area (GFA) and Cost of Works

Please ensure that all values contain a decimal point followed by two digits

Gross Floor Area Calculation

A - Gross Floor Area (existing) (m2)

157.14

B - Gross Floor Area to be demolished (m2)

0.00

C - Gross Floor Area to be added (m2)

3.87

D - Total Gross Floor Area of development (A-B+C)(m2)

161.01

E - COST OF WORKS ($)

5418.00

Other Area Calculation (not already included in the areas provided above)

F - Area of other BCA Class 10 structures included in this application(e.g. metal carport, pergola, deck, verandah) (m2)

0.00

G - Parking areas – undercover

0.00

H - COST OF WORKS (F & G) ($)

0.00

Cost of Associated Works

I - Cost of all associated works such as landscaping ($)

0.00

J - Cost of all public works and/or off site works ($)

0.00

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K - TOTAL COST OF WORKS (E+H+I+J)

5418

*Cost of works MUST be calculated in accordance with the current version of Building (General)(Cost of Building Work) Determination OR a summary of costs from a bill of quantities prepared bya quantity surveyor supplied with application. A summary of costs from a bill of quantities MAYbe requested for proposals where cost of work is between $0 and $10 million. A summary ofcosts from a bill of quantities MUST be provided for proposals where cost of work is over $10million.

Demolition, Trees

Demolition

Is the Demolition item relevant to your proposal?

No

Trees

Is the Trees item relevant to your proposal?

No

Heritage

Heritage

Is the Heritage item relevant to your proposal?

No

Hazardous Materials, Contamination, Erosion and Sediment Control

Hazardous Material

Is the Hazardous Materials item relevant to your proposal?

No

Contamination

Is the Contamination item relevant to your proposal?

No

Erosion and Sediment Control (for sites less than 0.3 of a hectare)

Is the Erosion and Sediment Control (for sites less than 0.3 of a hectare) item relevant to yourproposal?

No

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For works such as class 10 structures, additions and alterations, and backyard swimming pools - anote on the plan that "the development will comply with the ACT Environment Protection Authority,Environment Protection Guidelines for Construction and Land Development in the ACT" isrequired. In circumstances where there is a reasonable risk that soil from the required earth worksin the front of the block will impact on the stormwater system because the block slopes towardsthe street a separate Erosion & Sediment Control Plan will be required

Erosion and Sediment Control (for sites greater than 0.3 of a hectare)

Is the Erosion and Sediment Control (for sites greater than 0.3 of a hectare) item relevant to yourproposal?

No

Servicing & Site Management, Utilities

Servicing and Site Management

Is the Servicing and Site Management item relevant to your proposal?

No

Utilities

Is the Utilities item relevant to your proposal?

Yes

Please tick the relevant entities

Water

Sewerage

Stormwater

Have you provided Entity Endorsement?

No

Have you provided required documentation for referral to Entity?

Yes

Location Requirements, Plans of Management

Location Requirements

Is the Location Requirements item relevant to your proposal?

No

Plans of Management

Is the Plans of Management item relevant to your proposal?

No

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Subdivision, National Capital Plan, Crime Prevention, Access & Mobility, Traffic Generation

Subdivision (other than residential zones)

Is the Subdivision (other than residential zones) item relevant to your proposal?

No

National Capital Plan

Is the National Capital Plan item relevant to your proposal?

No

Crime Prevention through Environmental Design

Is the Crime Prevention item relevant to your proposal?

No

Access and Mobility

Is the Access and Mobility item relevant to your proposal?

No

Traffic Generation

Is the Traffic Generation item relevant to your proposal?

No

Site Access, Parking, Lighting

Site Access

Is the Site Access item relevant to your proposal?

No

Parking (Car)

Is the Parking (car) item relevant to your proposal?

No

Parking (Bicycle)

Is the Parking (bicycle) item relevant to your proposal?

No

Lighting

Is the Lighting item relevant to your proposal?

No

Signs, Neighbourhood Plans, Environmental Effects, Water Sensitive Urban Design

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Signs

Is the Signs item relevant to your proposal?

No

Neighbourhood Plans

Is the Neighbourhood Plans item relevant to your proposal?

No

Assessment of Environmental Effects

Is the Assessment of Environmental Effects item relevant to your proposal?

No

Water Sensitive Urban Design (Mains Water Consumption)

Is the Water Sensitive Urban Design (mains water consumption) item relevant to your proposal?

No

To calculate the water consumption of commercial, Industrial or Institutional developments withand without water saving features, please click here

Water Sensitive Urban Design (Stormwater Quality)

Is the Water Sensitive Urban Design (stormwater quality) item relevant to your proposal?

No

To calculate the water consumption of commercial, Industrial or Institutional developments withand without water saving features, please click here

Water Sensitive Urban Design, Water Use

Water Sensitive Urban Design (Stormwater Quantity)

Is the Water Sensitive Urban Design (Stormwater Quantity) item relevant to your application?

No

Water Use

Is the Water Use item relevant to your proposal?

No

Driveways (For works on verge only)

PLEASE NOTE: For proposals that include construction or modification of a driveway thisapplication MUST be signed by the land custodian (Government Land Custodian - AssetAcceptance) as the works will be undertaken on unleased land EXCEPT FOR DUALOCCUPANCY DEVELOPMENT PROPOSALS. For more information on driveways, garages andcarports, please click here.

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Does your proposal include construction or modification of driveway/s?

No

Survey Requirements - S.139(2)(l) - P & D Act 2007

If this application is for approval of a development that requires construction work to be carried outon land that has previously been developed and is not leased for rural purposes, a surveycertificate for the land where the development is to be carried out (prepared and signed by aregistered surveyor) must accompany this application unless exempt by Regulation 25 of thePlanning and Development Regulations 2008

Do you have a survey certificate with this application?

Not Relevant

Development Undertaken Without Approval - S.205 - P & D Act 2007

Is this application for development undertaken without approval?

No

If YES - Under Section 139(2)(m) of the Planning and Development Act 2007,plans of thedevelopment signed by a registered surveyor confirming the location and dimensions of thedevelopment must be submitted with this application. The plans need to confirm the height, widthand length dimensions of the development and the setback dimensions of the development fromthe block boundaries. The information may be provided on one plan or on a series of plansprovided each plan is signed by a registered surveyor. Note: For all unapproved developmentinvolving construction the location and nature of earthworks, utility connections, proposedbuildings, pavements and landscape features must comply with utility standards, accessprovisions and asset clearance zones. For more information on development exempt fromapproval, please click here. For more information on development applications for developmentsundertaken without approval, please refer to S205 under the Planning and Development Act 2007

Exclusion from Public Inspection

In accordance with the requirements of Sections 28 and 30 of the Planning and Development Act2007, the Environment, Planning and Sustainable Development Directorate must make the detailsand associated documents relevant to a development application available for public inspection.

If you wish to apply to have all or part of this development application excluded from publicinspection, you must meet the requirements of Section 411(5) or 412(1) of the Planning andDevelopment Act 2007

Are you requesting an exclusion from Public Inspection?

No

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Conflict of Interest Declaration

Does the applicant or the lessee have any association with the Environment, Planning andSustainable Development Directorate staff?

Yes

Please provide details:The applicant is the husband of Rumana Jamaly who is an EPSDD staff.

NOTE: There are penalties for deliberately giving false and misleading information. The Planningand Land Authority or Minister may revoke an approval if satisfied that the approval was obtainedby fraud or misrepresentation

Applicant/Lessee Declaration

I/we hereby apply for approval to carry out the development described on the land specified in thisapplication;

I/we declare that this application is accompanied by all of the required information or documentsthat address the relevant rules and/or relevant criteria for it to be considered for approval;

I/we understand that the information submitted with this application form will undergo adocumentation check prior to the payment of fees and formal lodgement of the application. Furtherinformation may be required prior to the acceptance of the development application by theAuthority;

I/we understand that this application will be considered lodged once the relevant application feeshave been paid;

I/we understand that if during the assessment of this application it is found to have been submittedin the incorrect assessment track the application will be refused and I/we will not be entitled to arefund or transfer of fees;

I/we understand that the documentation provided on CD/DVD or via the electronic lodgementprocess will be considered to be the relevant documentation associated with this application. Alldevelopment application documentation will be made available for public inspection including viathe Internet unless exclusion has been approved;

If the time for deciding the application (prescribed period) has ended and a decision has not beenreached I/we understand that the application will be deemed refused and the Environment,Planning and Sustainable Development Directorate will not provide written advice of this decision.I/we also understand that the Environment, Planning and Sustainable Development Directorate isable to still consider the application and make a decision after the expiration of the prescribedperiod;

I/we hereby authorise the Environment, Planning and Sustainable Development Directorate itsservants and agents to erect sign/s on the subject property(s) as required;

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I/we hereby authorise ACT Government officers to access the subject property(s) for the purposeof evaluating the proposal(including the inspection of driveways and trees);

I/we (lessee) appoint the applicant whose signature appears in the attached letter of appointmentto act on my/our behalf in relation to this Development Application. This authorises the applicant topay all application fees, bonds and securities, liaise with the Environment, Planning andSustainable Development Directorate when required, alter, amend or provide further informationas necessary and receive any communications relating to this Development Application;

I understand that costs associated with the relocation of any engineering services (light poles,storm water, sumps etc) will be at my expense and that I will indemnify the ACT Government, itsservants and agents against any claims arising during the relocation of these services;

I understand that construction of any driveway associated with this application may not commenceuntil the contractor has received endorsement by the relevant government entity;

I understand that a Certificate of Design Acceptance and a Road Opening Permit and TemporaryManagement Plan must be obtained from the relevant government agencies prior to the start ofconstruction works;

I/we declare that all the information given on this form and its attachments is true and complete;

If lodging on behalf of a company, organisation or Government agency: -

I/we declare I/we have the appropriate delegation or authority to sign on behalf of the company,organisation or Government agency.

I declare that I am the person shown in this eDA form as the Applicant, and by clicking theACCEPT button below I understand that this replaces my requirement to sign a hard copy of thisapplication.

I accept the above declarations

Accept

Acceptance date

18 Dec 2017

Before Submitting

You have almost completed the first stage of your Development Application/Pre-Applicationrequest. PLEASE ENSURE YOUR WIZARD SESSION IS SAVED BEFORE PROCEEDING.This will enable you to resume your session in the event of a system outage or other interuption.

When you click on Finish below, you will be navigated to a new page which will enable you toupload any associated plans/documents prior to submitting to EPSDD for review.

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Development applications (DAs) can be delayed unnecessarily because EPSDD does not have allthe information it needs to undertake an assessment and make a decision.To avoid delays ensure all required sections of the wizard are answered correctly and all requireddocumentation is uploaded. In particular:1. A signed appointment letter from all lessee's must be provided if works are to performed on theverge, a signed endorsement letter must be provided by the relevant Government Custodian;2. Public register plans for residential applications are included;3. You MUST include a statement against the criteria for development applications that will beassessed in the Merit track;4. If the application is for a single unit on a unit titled block body corporate authorisation is requiredif there is works on a common propertyIf you are still not sure how to proceed or want to ensure you have everything you need for yourapplication, you can visit the EPSDD Customer Service Centre, 16 Challis Street, Dickson, or callus on 6207 1923 and ask to speak with a technical officer.

Privacy Notice

The personal information on this form is provided to the Environment, Planning and SustainableDevelopment Directorate (EPSDD) to enable the processing of your application. The collection ofpersonal information is authorised by the Planning and Development Act 2007. If all or some ofthe personal information is not collected EPSDD cannot process your application. The Planningand Development Act 2007 requires the details of applications, decisions and orders to be kept ona register and made available for public inspection. Information and documentation relevant to adevelopment application may be made available via the Internet. The personal information youprovide may be disclosed to Australian Bureau of Statistics, ACT Revenue Office, the RegistrarGeneral’s Office, ACTEW Corporation, ActewAGL, Territory and Municipal Services Directorateand other Government agencies with a direct interest in the development assessment process.The information may also be disclosed where authorised by law or court order, or where theDirectorate reasonably believes that the use or disclosure of the information is reasonablynecessary for enforcement-related activities conducted by, or on behalf of, an enforcement body.EPSDD’s Information Privacy Policy contains information about how you may access or seek tocorrect your personal information held by EPSDD, and how you may complain about an allegedbreach of the Territory Privacy Principles. The EPSDD Information Privacy Policy can be found atwww.environment.act.gov.au

Does the Commonwealth Environment Protection and Biodiversity Conservation Act 1999(EPBC) affect your proposal?

The EPBC came into operation on 16 July 2000. It establishes an environmental assessment andapproval system that is separate and distinct from the ACT system. It does not affect the validity ofACT development assessment and approval processes, but may affect the assessment track. TheACT cannot provide preliminary advice on whether a proposal falls within the definition of acontrolled action, or requires referral to the Commonwealth. You should consult with theCommonwealth to determine if your proposal is a controlled action before seeking any approvalsunder the Planning and Development Act 2007. For information about the EPBC, including thereferral process and when a referral should be made, contact: the Department of Sustainability,Environment, Water, Population and Communities, GPO Box 787, CANBERRA ACT 2601Telephone: 62741111

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Contact Details: Environment, Planning and Sustainable Development Directorate CustomerService Centre GPO Box 158, Canberra City 2601 16 Challis Street, Dickson ACT 2602Business Hours: 8.30am to 4.30pm weekdays (excluding Public Holidays) Phone: (02) 6207 1923Email: [email protected] Website: www.environment.act.gov.au

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Planning and Development Act 2007

Development ApplicationApplication Number: 201733172S165A

Type of Application

The type of application you are applying for is a S165 Amendment

Lease/Site Details

Site Number: 1

Street Address

CALWELL

Suburb

CALWELL

Section

798

Block Number

16

Unit Number

Applicant Details

Email

[email protected]

Phone Number

62948059

Fax Number Mobile Number

Suburb

Gordon

State/Territory

ACT

Postcode

2906

Country

Australia

Postal Address 3

Gordon

Postal Address 1

35 Clem Hill Street

Postal Address 2

Salutation

None

First Name

Shamsul

Surname

Huda

Company Name

4thD Planning & Design Pty Ltd

Position held / Title

Director

ACN or ABN

68154870078

Lessee (Property Owners) Details

Lessee Number: 1

Is the Lessee a

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Agency

Email

Phone Number

0262924480

Fax Number Mobile Number

0423927769

Suburb

Calwell

State/Territory

ACT

Postcode

2905

Country

Australia

Postal Address 3

Postal Address 1

Tuggeranong Netball Association

Postal Address 2

Were Street

Salutation

None

First Name

David

Surname

Tronerud

Company Name

Tuggeranong Netball Association Incorporated

Position held / Title

Vice President Administration

Australian Business Number (ABN)

39054408300

List Amendments Being Satisfied

Statement of Acceptance obtained from Icon Water to comply with Conditions of Approval A1 and A2.

Applicant Declaration

I/we declare that this application is accompanied by all of the required information or documents

that address the relevant rules and/or relevant criteria for it to be considered for approval;

I /we understand that this application will be considered lodged once any relevant application fees

have been paid;

I/we understand that the documentation provided on CD/DVD or via the electronic lodgment

process will be considered to be the relevant documentation associated with this application. All

development application documentation will be made available for public inspection including via

the Internet unless exclusion has been approved;I/we understand that an amendment may be

notified in accordance with the requirements of the Planning and Development Act 2007.

I/we declare that all the information given on this form and its attachments is true and complete;

If signing on behalf of a company, organisation or Government agency: -

I/we the undersigned, declare I/we have the appropriate delegation or authority to sign on behalf of

the company, organisation or Government agency.

I accept the above declarations:

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Accept

Acceptance Date

2/05/2018

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