1)                                             BYRON SHIRE COUNCIL

                                                                                                                              13.13 - Attachment 2

 

10.2007.286.3

MODIFIED CONDITIONS OF CONSENT:

 

1.         Condition No.1 is to be amended to state as follows:

 

1)    Development is to be in accordance with approved plans

The development is to be in accordance with the following documents as modified by any conditions of this consent:

Description

Author

Plan No. & Date

Subdivision Layout, Staging and Public Road Amendments

Martens & Associates Pty Ltd

P0701673JD08_v2 Sheet 2 dated 13/11/2007 (S96 Amendment - March 2015)

Private Accessway Plan View and Earthworks

Martens & Associates Pty Ltd

P0701673JD08_v2 Sheet 3 dated 13/11/2007 (S96 Amendment - March 2015)

Private Accessway Plan View and Earthworks

Martens & Associates Pty Ltd

P0701673JD08_v2 Sheet 4 dated 13/11/2007 (S96 Amendment - March 2015)

Stormwater Management Layout

Martens & Associates Pty Ltd

P0701673JD08_v2 Sheet 17 13/11/2007 (S96 Amendment - March 2015)

Stormwater – Typical bio-retention Drain & Energy Dissipation Structure

Martens & Associates Pty Ltd

P0701673JD08_v2 Sheet 18 13/11/2007

Ecological Assessment included in the SEE 2007).

Mark Fitzgerald Ecological Consultant

29 May 2007

Additional Information

Mark Fitzgerald Ecological Consultant

28 September 2007

Additional Information (attached to letter from Balanced Systems Planning Consultants

Mark Fitzgerald Ecological Consultant

27 November 2007

Draft Community Management Statement

Hinterland Legal Solicitors

-

AS MODIFIED BY:

Description

Author

Plan No. & Date

Site Layout Plan – Tree Impacts

Martens & Associates Pty Ltd

Sheet 4

14 November 2012

 

The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

 

2.         Condition No.2 is to be amended to state as follows:

 

2)         Staged Development

The development is to be carried out in the following stages:

 

Stage 1:       Residential Lots 22 – 26, 29 – 34, & Community Property Lot 1, &  Road Infrastructure to Tea  Tree Court.

Stage 2:       Residential Lots 14 – 21 & Community Property Lot 1, & Road Infrastructure from Stage 1 road through to Hayters Drive.

Stage 3:       Residential Lots 2 – 13, 27 - 28, 35 & Community Property Lot 1, & Road Infrastructure through to Hayters Drive.   

 

Where conditions are required to be satisfied prior to a particular event, those conditions are the conditions relevant to the works being carried out in the stage.

 

The relevant conditions are the conditions deemed necessary, by the Principal Certifying Authority (PCA) appointed for the development, or, where pursuant to the issue of a Construction Certificate, the relevant consent authority. 

 

3)         Condition No.45 is to be amended to state as follows:

 

45)  Developer Contributions to be paid

Contributions set out in the attached Schedule are to be paid to Council. Contributions are levied in accordance with the Byron Shire Council Section 94 Development Contribution Plan 2005 dated June 2005 and Byron Shire Council Section 94 Development Contribution Plan 2005 Amendment No. 1 dated 20 July 2005 for Community Facilities, Open Space, Roads, Car Parking, Cycleways, Civic & Urban Improvements, Shire Support Facilities and Administration. The Plan may be viewed during office hours at the Council Offices located at Station Street, Mullumbimby.

 

The contributions as set out in the schedule may either be paid in full or they may be paid in stages on a proportional basis dependant on the number of lots to be released in the subdivision certificate.  The first credit for a site will be retained on the residual lot.  Any additional credits over one (1) will be allocated at the first stage(s). 

 

The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. Payments will only be accepted by cash or bank cheque.

 

4)         Part B – General Terms of Integrated Development Approval – Bushfire Safety Authority be amended to state as follows:

 

1.         The proposed development is to comply with the modified Subdivision and Site Plan submitted by Council on 9 April 2015, the plans are modified originals with the same referencing as with the original bush fire safety authority. The plans are prepared by Martens & Associates, drawing number P0701673JD08_v2, sheet 2 amendment dated 13/11/2007, except where modified by conditions of this Bush Fire Safety Authority.

 

2.         This assessment is based in part upon the advice and recommendations within the amended Bushfire Protection Assessment, prepared by Australian Bushfire Protection Planners, ref B06415-4, dated 20.9.2007. All recommendations within that report (excluding No.5) shall be complied with, except where modified below.

 

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

 

3.         At the commencement of works and in perpetuity the entire proposed lot 35 shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service's document ‘Standards for asset protection zones’.

 

4.         At the commencement of works and in perpetuity the area to the west of the building envelope on lot 35, for a distance of 10 metres and north for a distance of 11 metres shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service's document ‘Standards for asset protection zones’.

 

5.         The asset protection zone (APZ) south of any dwelling to be erected on

proposed Lot 33 shall be a minimum 11 metres.

 

6.         The asset protection zone (APZ) south west of any dwelling to be erected on

proposed Lots 23-27, shall be a minimum 10 metres.

 

7.         The managed grasslands west of proposed Lot 12 shall include a minimum 10

metre inner protection area.

 

8.         The managed landscape zone north of proposed Lots 12, 13, 15 shall include

a minimum 10 metre inner protection area.

 

9.         The managed landscape zone north and North West of proposed Lot 14 shall

include a minimum 10 metre inner protection area.

 

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of

buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

 

10.       Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

 

11.       Hydrant services are to be located outside the carriageway and passing bays,

and located on the side of the road away from the bush fire threat.

 

Access

The intent of measures for public roads is to provide safe operational access to

structures and water supply for emergency services, while residents are seeking to

evacuate from an area. To achieve this, the following conditions shall apply:

 

12.       Turning “Ts” shall be no less than 15 metres when measured from the centre

of the road, with an internal radius of no less than 6 metres and 12 metres

outer radius.

 

13.       Permanent access to Coogera Circuit shall be constructed to create a through

road to Hayters Drive.

 

14.       Bridges shall clearly indicate load rating and pavements and bridges are to be

capable of carrying a load of 15 tonnes.

 

The intent of measures for property access is to provide safe access to/from the

public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions

shall apply:

 

15.       Property access roads to proposed Lots 12 & 13, and proposed Lots 19, 20, 21 shall comply with section 4.1.3 (2) of Planning for Bush Fire Protection 2006.

 

Landscaping

16.       Landscaping within the APZs is to comply with the principles of Appendix 5 of

Planning for Bush Fire Protection 2006.

 

5)         The ‘Notes’ on the consent be modified to refer to the following:

 

Water payments under the Water Management Act 2000

Charges will be calculated pro rata per stage of construction based on the additional water and sewerage load that the proposed development generates, shown in Equivalent Tenements (ET) by the following table:

            ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT
                                                            [ET Policy No:13/005]

Water

32.80 ET

Bulk Water

32.80 ET

Sewer

33.00  ET

 

General Advice – consent authority to note

New construction shall comply with Australian Standard AS3959-1999 'Construction of buildings in bush fire-prone areas' and may not correspond to the recommendations made within the bushfire protection assessment.

 

The Asset Protection Zones (APZ) required as part of the development will encompass land that will be located within a riparian corridor/ area. Ecological management of the riparian area may conflict with that required for the APZs. In this regard the applicant will need to liaise with the NSW Department of Natural Resources to identify their management requirements do not conflict with those required for the APZs by the NSW Rural Fire Service.

 

The applicant proposes to clear and manage Endangered Ecological Community vegetation in order to establish the proposed building envelopes and / or the subsequent required APZs.

 

Any further development application for class 1, 2 & 3 buildings as identified by the Building Code of Australia must be subject to separate application under section 79BA of the EP & A Act and address the requirements of Planning for Bush Fire Protection 2006.

 

The APZs recommended within the Bushfire Protection Assessment, prepared by Australian Bushfire Protection Planners, are minimum requirements based on a Level 3 Construction. Any reduction in the level of construction as proposed for future dwellings to be erected on individual Lots is in general not supported, but will be considered on a case by case basis at the 79BA assessment stage.

 

Delete all the section 94 schedules at the end of the consent and replace with the following schedule:

 

RESIDENTIAL DEVELOPMENT

SCHEDULE OF CONTRIBUTIONS PURSUANT TO SECTION 94 OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

(Office Use Only)

Community and Cultural Facilities

(CF-SP)

33.00

SDU @

$998.31

=

$32,944.23

           " - Shire Wide

(CF-SW)

33.00

SDU @

$529.14

=

$17,461.62

Open Space

(OS-SP)

33.00

SDU @

$6,246.12

=

$206,121.96

      " - Shire Wide

(OS-SW)

33.00

SDU @

$2,677.88

=

$88,370.04

Roads

(R-SP)

297.00

trips @

$735.00

=

$218,295.00

Cycleways

(CW-SP)

33.00

SDU @

$707.50

=

$23,347.50

Civic & Urban Improvements

(IM-SP)

33.00

SDU @

$1,594.49

=

$52,618.17

Rural Fire Service

-

 

 

 

=

 

Surf Lifesaving

(SL-SP)

33.00

SDU @

$25.93

=

$855.69

Administration

(OF-SW)

33.00

SDU @

$738.08

=

$24,356.64

 

 

 

 

Total

 =

$664,370.85