1)                                             BYRON SHIRE COUNCIL

                                                                                                                              13.11 - Attachment 2

10.2015.196.1

CONDITIONS OF CONSENT:

 

Parameters of this Consent

 

1)      Development is to be in accordance with approved plans

The development is to be in accordance with plans listed below:

 

Plan No.

Description

Prepared by

Dated:

A1  

Issue B

Site Plan

Frank Stewart Architects

March 2015

A5

Issue A

Level 1 Floor Plan (Pearl)

Frank Stewart Architects

March 2015

A6

Issue A

Level 2 Floor Plan (Pearl)

Frank Stewart Architects

March 2015

A7

Issue A

East & North Elevation

Frank Stewart Architects

March 2015

A8

Issue A

West & South Elevation

Frank Stewart Architects

March 2015

A9

Issue B

Level 1 Floor Plan (Oyster)

Frank Stewart Architects

March 2015

A10

Issue B

Level 2 Floor Plan (Oyster)

Frank Stewart Architects

March 2015

A11

Issue B

Level 3 Floor Plan (Oyster)

Frank Stewart Architects

March 2015

A13

Issue B

North & South Elevation (Oyster)

Frank Stewart Architects

March 2015

A14

Issue B

East & West Elevation (Oyster)

Frank Stewart Architects

March 2015

 

Statement of Heritage Significance and Conservation Policy

Frank Stewart Architects

April 2015

 

 

 

 

 

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.

 

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)      Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989

(1)          For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

(a)  that the work must be carried out in accordance with the requirements of the Building Code of Australia ,

(b)  in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

 

(2)          This clause does not apply:

(a)  to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

(b)  to the erection of a temporary building.

 

(3)          In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant construction certificate is made.

 

3)      Erection of signs

(1)          For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

 

(2)          A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a)  showing the name, address and telephone number of the principal certifying authority for the work, and

(b)  showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(c)  stating that unauthorised entry to the work site is prohibited.

 

(3)          Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

 

(4)          This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

 

(5)          This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.

 

(6)          This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.

 

Note: Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).

 

4)      Notification of Home Building Act 1989 requirements

(1)          For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989 .

(2)          Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

 

(a)  in the case of work for which a principal contractor is required to be appointed:

(i)    the name and licence number of the principal contractor, and

(ii)   the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder:

(i)    the name of the owner-builder, and

(ii)   if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

 

(3)          If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

 

(4)          This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.

 

5)      Existing building/s to be bought into compliance with fire safety provisions

In accordance with Clause 94 of Environmental Planning & Assessment Regulation 2000, the existing building is to be brought into compliance with the fire protection and structural provisions of the Building Code of Australia.

 

6)      Concurrent Approvals

The following approvals are provided under Section 78A of Environmental Planning and Assessment Act:

 

Concurrent Approvals under Section 68 of the Local Government Act 1993

 

 

Part B    Water supply, sewerage and stormwater drainage work

B1     Carrying out water supply work

B3     Installing, altering, disconnecting or removing a meter connected to a service pipe

B4     Carrying out sewerage work

B6     Connecting a private drain or sewer with a public drain or sewer under the control of a council or with a drain or sewer which connects with such a public drain or sewer

 

These works must be carried out to the satisfaction of Byron Shire Council and can not be assessed for the purpose of compliance, or otherwise deemed acceptable by a private certifier.

 

 

The following conditions are to be complied with prior to issue of a Construction Certificate

 

7)      Heritage Management Plan

A Heritage Management Plan prepared by a suitably qualified professional with experience in heritage buildings to be prepared and submitted for approval prior to the issue of the Construction Certificate. The plan is to include the following details and measures:

 

·    Details of demolition works including demolition plans

·    Photographic recording prior to the commencement of works

·    Photographic recording of the works in progress

·    Lodgment with the Brunswick Valley Historical Society of copies of the demolition plans and photographic recordings

·    Regular inspections by a recognized Heritage Consultant during the works (Minimum of two) and prior to the issue of the Occupation Certificate.

·    Reuse and labeling of important features such as the under floor timber stumps, particularly one with the words ‘Gins Only’ written on it.

·    Details of two ‘Open Days’ per year where Barnes House and the historic item display will be open to the public.

 

8)      Section 94A Levy to be paid

 

Prior to the issue of a construction certificate the section 94A levy required by the Byron Developer Contributions Plan2012 shall be paid to Council. 

 

The levy will be calculated as follows:

 

Levy payable = %C x $C

 

Where:   %C      is the levy rate applicable as set out in the latest Ministerial Direction issued under section 94E. 

 

                           $C    is the proposed cost of carrying out the development. 

 

The rate of %C is:

 

Proposed cost of the development

Maximum percentage of the levy

Up to $100,000

Nil

$100,001–$200,000

0.5 percent

More than $200,000

1.0 percent

 

The cost of development shall be shall be calculated in accordance with clause 25J of the regulation.  The Cost Summary Report (copy attached) as set out in schedule 2 of the Section 94A contributions plan shall be submitted to Council with the with the payment.  Copies of Cost Summary Report are available at Council’s main office or may be downloaded from http://www.byron.nsw.gov.au/

 

9)      On-site stormwater detention - Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 to carry out on-site detention drainage system and connection to a Council approved drainage system.

 

Note: The plans must be in compliance with Council’s Development Control Plan 2010, Part N and Council’s current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”. Refer to Council’s website for copies of these documents.

 

10)    Consent required for works within the road reserve – Rear Lane.

Consent from Council must be obtained for works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve.

 

Such plans are to be in accordance with Council’s current Design & Construction Manuals and are to provide for the following works:

 

 

 

Adjustment of Services

 

Road works are to include the adjustment and/or relocation of services as necessary to the requirements of the appropriate service authorities and to ensure that the services are constructed flush with the finished surface levels.

Road pavement and drainage – Rear Lane

Pavement widening and construction of the existing bitumen sealed rear Lane for the full width of the Lot and through to the existing full width construction of the Lane east of the Lot at the Park Street end. The new construction is to be of a comparable width, formation and profile as that fully constructed section. The works are to provide for two way traffic flows, bitumen seal pavement, drainage as required and concrete edge/kerb and/or kerb & gutter.

 

 

11)    Roads Act Approval – New Driveway in Mullumbimbi Street.

Approval has been granted with this consent (Council reference No: 51.2015.196.10 For the following works within the road reserve of Mullumbimbi Street:

 

a)      Driveway – A concrete driveway and concrete layback from the property boundary through to the edge of gutter. A bitumen sealed driveway from the edge of gutter/layback through to the existing road pavement seal.

 

12)    Traffic Management Plan Roadworks in Mullumbimbi Street & Rear Lane.

Consent from Council must be obtained for a Traffic Management Plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual, Traffic Control at Work Sites Version 2, and the current Australian Standards, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

 

“The plan shall incorporate measures to ensure that motorists using road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site”.

 

The traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

 

13)    Car parking layout, vehicle circulation and access plans required.

The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent.

 

The access, parking and manoeuvring for the site is to comply with the requirements of Council’s DCP 2014, AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street commercial vehicle facilities.

Plans are to include, but not be limited to, the following items:

 

a)      pavement description;

b)      a minimum of 12 on site car spaces; inclusive of 1 space for Manager, 1 disabled space, and 3 visitor spaces;

c)      existing and design levels;

d)      Safety Sight Line Triangle at rear Lane access (per AS 2890.1);

e)      drainage (pipes, pits, on-site detention, etc.);

f)       turning paths;

g)      linemarking and signage;

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

NOTEThe plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

 

14)    Bond required to guarantee against damage to public land

A bond of $2000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets.

 

Such bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council’s roads, footpaths etc.

 

15)    Certificate of Compliance – Water Management Act 2000

A Certificate of Compliance will be issued upon payment of developer charges for water and sewer as calculated in accordance with Byron Shire Council and Rous Water Development Servicing Plans.

 

Byron Shire Council acts as Rous Water’s agent in this matter and will issue a Certificate of Compliance on behalf of Rous Water upon payment of the Rous Water Development Servicing Charge to this Council.

 

Note: Copies of the application forms for Certificates of Compliance are available on Council’s website http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf or from Council’s Administration Office. Copies of Byron Shire Council’s Development Servicing Plans are available at Council’s Administration Office.

Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment. A check must be made with Council to ascertain the current rates by contacting Council’s Principal Engineer Systems Planning, Water on 02 6626 7081.  Applicable charges can be found on Council’s website: http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64

 

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

Payment by Personal or Company Cheque will not be Accepted

 

16)    Commercial Swimming Pool Design

The swimming pool, including a spa, is subject to Public Health Act 2010 & Regulation 2012 requirements.

 

Water and sewerage load demands from the pool will be generated by top-up water requirements due to splash-out, evaporation, backwash water demand and backwash water discharged to sewer. 

 

A letter of receipt will be issued on completion of:

A letter of receipt will be issued on completion of:

·    Provision of detailed design plans, including pump size/capacity, filter type/size/capacity, pipework diameters for the swimming pool and associated water management processes;

·    The swimming pool is also subject to Trade Waste requirements.

 

17)    Details of pool fence required

The application for a Construction Certificate is to include plans and specifications that indicate the details of the fence around the swimming pool in accordance with the Swimming Pools Act 1992 and AS1926.1.

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

18)    BCA Report

A report from an appropriately qualified person detailing how the existing building “Barnes House” will be upgraded in terms of the Fire Safety and Structural provisions of Part B,C,D, and E of the BCA is to be submitted to the PCA for approval prior to the issue of the Construction Certificate.

 

19)    Heritage Management

The Heritage Management Plan to be followed during construction of the proposed development.

 

20)    Geotechnical Report required – Soil Classification

A soil report is to be provided to the Principal Certifying Authority from a professional Engineer experienced in Geotechnical Science as to the classification of the soil type on the site, consistent with the requirements of AS2870.

 

21)    Long Service Levy

A Long Service Levy must be paid to the Long Service Payments Corporation. These payments may be made to Council’s Administration Office, Station Street, Mullumbimby. Cheques are to be made payable to Byron Shire Council. This is a State Government Levy and is subject to change.

 

22)    Public liability insurance cover required

The developer and/or contractor must produce evidence to the Principal Certifying Authority of public liability insurance cover for a minimum of $10 million. Council is to be nominated as an interested party on the policy.

 

1)      Landscaping plan required

The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site.  Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Chapter 9.2.4, 9.3 & 9.6, of Development Control Plan 2014. It is preferred that locally occurring rainforest species including at least 3 tuckeroo trees are planted.  The landscaping plan must indicate:

a)      proposed location for planted shrubs and trees

b)      botanical name of shrubs and trees to be planted

c)      mature height of trees to be planted

d)      location of grassed and paved areas, and

e)      location of trees identified for retention in the development application plans.

f)       The plan is to be prepared by a suitably qualified landscape architect / architect /ecologist who has appropriate experience and competence in landscaping.

*Note: eucalypt species are unsuitable for this site.

Such plans and specifications must be approved as part of the Construction Certificate.

 

23)    Compliance with BASIX Certificate requirements

The development is to comply with BASIX Certificate No. 622567S, dated 8 April 2015

 

The commitments indicated in the Certificate are to be indicated on the plans submitted for approval of the Construction Certificate.

 

Note that the plans submitted must clearly indicate all windows numbered or identified in a manner that is consistent with the identification on the BASIX Certificate.

 

Minor changes to the energy efficiency measures may be undertaken without the issue of any amendment under Section 96 of the Act, provided that the changes do not affect the form, shape or size of the building.

 

Proposed colours must be consistent with the provisions of Section D2.2.3 of Council’s Development Control Plan 2014. Note that white colours are not permissible.

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

The following conditions are to be complied with prior to commencement of building works

 

24)    Traffic Management Plan

The approved traffic management plan is to be implemented.

 

25)    Erosion and Sediment measures

Erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. A copy may be downloaded from Council’s web site at http://www.byron.nsw.gov.au/pdfs/stormwater/sediment_erosion.pdf. Particular attention is to be given to the provision of the following sediment and erosion control measures:

 

a)      Temporary driveway from the edge of road to the building site;

b)      Temporary downpipes immediately installed after the roof has been erected;

c)      Silt fence or sediment barrier.

 

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

 

Note: Council may impose on-the-spot fines for non-compliance with this condition. 

Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).

 

26)    Plumbing Standards and requirements.

All Plumbing, Water Supply, Sewerage and Stormwater Works shall be installed in accordance with the Local Government Act 1993, Plumbers Code of Australia and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications.  The changes made are from Plumbers and Drainage Regulation 2012 NSW Government.

a)   The licensee is to provide 24 hours notice and attend the site for the following INSPECTIONS, prior to covering of work. Inspections will be carried out a mutually convenient time:

i)    Pre-start and Sediment Control;

ii)   Internal Drainage;

iii)   External Drainage;

iv)  Water Rough In;

v)   Fire Services;

vi)  Stackwork;

vii) Final  - all work completed. - * Note below.

b)   A licensee is required to provide to Council and owner of the property after completion of the work and within 48 hours, a Compliance Certificate and Sewer Services Diagram/ Works as Executed drawings

Note: Council will send each plumber proformas of these documents when the Notice of Work permit has been issued by Council to allow the plumber to commence work.

 

27)    Water service and meter to be connected

A water service and water meter must be connected to the property using an approved backflow prevention device. It is the applicant’s responsibility to engage a licensed plumber who shall liaise with council during this process.

 

Any new water service and meter will be at the applicants cost.

 

28)    Disconnection of existing water and sewer prior to demolition

Existing water and sewer services must located on site and be properly capped at the main by a licenced plumber.  All water and sewer disconnections must be inspected by the Byron Shire Council inspectors prior to backfilling.

-     If a property is demolished and no longer needs water supply and/or a sewerage service, a licensed plumber must disconnect the service at the main (also known as 'capping the service').. The plumber must also return the water meter to Council’s inspector at the time of inspection.

-     If your development involves consolidating lots and you don’t need all the existing services, you must correctly disconnect them. This ensures that you aren’t billed for unused services and helps avoid future hidden leaks.

 

Your Plumber must obtain a Plumbing Permit at least two (2) working days prior to commencing work.  Please forward an Application for a Plumbing Permit to your plumber to complete and to return to Council prior to commencement of disconnection works.  Refer to http://www.byron.nsw.gov.au/files/Forms/Plumbing_Drainage_Permit.pdf.

 

 

The following conditions are to be complied with during construction

29)    Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

 

a)      Monday to Friday, from 7 am to 6 pm.

b)      Saturday, from 8 am to 1 pm.

 

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

 

Note: Council may impose on-the-spot fines for non-compliance with this condition. 

 

30)    Construction Noise

Construction noise is to be limited as follows:

a)      For construction periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A).

b)      For construction periods greater than four (4) weeks and not exceeding twenty‑six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A)

 

Note: Council may impose on-the-spot fines for non-compliance with this condition. 

 

31)    Builders rubbish to be contained on site

All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

32)    TV Antennae

TV Antennae and satellite dishes are to be limited where possible and sited such that they are not readily visible from Mullumbimbi Street

33)    Demolition of building

All asbestos wastes associated with removal of the existing shed/garage to be disposed of in accordance with the requirements of the Workcover Authority.  The applicant/owner is to produce documentary evidence that this condition has been met.  Council requires 48 hours notice prior to disposal at Council’s waste depot.

Any work involving the removal of lead paint must not cause lead contamination of the air or the ground.  

34)    Prevention of water pollution

Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.

 

 

The following conditions are to be complied with prior to issue of a Final Occupation Certificate

 

35)    Works to be completed prior to issue of a Final Occupation Certificate

All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.

 

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

 

36)    Car parking areas to be completed and signs to be provided.

The car parking areas are to be constructed in accordance with the approved plans. Signs are to be erected clearly indicating the availability of off-street parking and the location of entry/exit points, visible from both the street and the subject site.

 

37)    Driveways & Roadworks in accordance approved plans

The driveways and roadworks are to be constructed in accordance with the approved plans.

 

38)    Stormwater disposal

Stormwater must be collected and disposed of in a controlled manner such that stormwater flows are:

a)      Clear of buildings and infrastructure,

b)      Not concentrated so as to cause soil erosion,

c)      Not onto adjoining land.

 

39)    Works As Executed drawings are required.

The submission of Works As Executed drawings for the Roadworks.

 

40)       Access and facilities for persons with disabilities are to be provided 

Access and facilities for persons with disabilities are to be provided in accordance with Part D3 of Building Code of Australia and AS 1428 - Design for Access and Mobility.

 

41)    Swimming pool fencing 

Swimming pool fencing is to comply with the requirements of the Swimming Pool Act 192 and Regulations. 

 

42)       Final Fire Safety Certificate (Form 15)

For all works other than domestic construction the Principal Certifying Authority is to be furnished with a final fire safety certificate signed by the owner(s) of the property. The certificate is to indicate that all fire safety measures required to be installed in the building as indicated in the fire safety schedule approved with the Construction Certificate/Complying Development Certificate have been installed and meet relevant Australian Standards for design & installation. Refer to http://www.byron.nsw.gov.au/forms/firesafetystatement

 

 

The following conditions are to be complied with at all times

 

43)    Car Parking spaces are to be available for the approved use

A minimum of 12 car parking spaces; inclusive of 1 Manager’s car space, 1 disabled car space, 3 visitor car spaces, are to be provided and maintained, together with all necessary access driveways and turning areas, to the satisfaction of Council.

 

Tenants and customers of the development must have unrestricted access to the car parking spaces on a daily basis during business hours of the development.

 

No car parking spaces are to be reserved (generally or specifically) for any tenant or customer. Only one carparking space required for the manager’s/residential component of the development is to be reserved and made available for particular residents.

 

44)    Building not to be used for residential occupation

Excluding the Manager’s Unit, the building must not be used for any form of permanent residential occupation.

 

45)    Vehicles to enter/leave in a forward direction

Vehicles using the car parking off the rear Lane must enter and leave in a forward direction. All driveways and turning areas must be kept clear of obstructions that prevent compliance with this condition.

 

46)    Operator/Manager must reside on the premises

The Operator/Manager of the serviced apartment establishment must be the permanent residents of the dwelling.  The establishment must not be used, in whole or part for the permanent or long-term accommodation of any person other than the person or persons who operate and manage the establishment and who normally reside in the dwelling.

 

47)    Restriction on guest/tourist units & bedrooms

A maximum number of 8 units and 11 bedrooms within the serviced apartment tourist development are to be used as guest/tourist serviced apartments.

 

48)    Neighbourhood Amenity

The proposed tourist facility shall not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise.

In particular:

a)       The noise level emanating from the use of the premises must comply with the New South Wales Industrial Noise Policy so as not to cause offensive noise.

b)      Only clean and unpolluted water is permitted to be discharged to Councils’ stormwater drainage system or any waters.

c)      All wastes shall be contained within appropriate containers fitted with a tight-fitting vermin-proof lid.

d)   

49)    Fire extinguisher and fire blanket to be located in every kitchen

An appropriate fire extinguisher and fire blanket must be located and maintained in every kitchen.  An effective evacuation plan must be developed and displayed to ensure the safe escape of patrons from for all areas of the building.

 

50)    Pool Safety Sign

The occupier of the premises must ensure that there is at all times a sign in the immediate vicinity of the swimming pool bearing the words ‘Young children must be supervised when using this swimming pool’. The sign is to be a prominent position and be otherwise in accordance with clause 9 of the Swimming Pools Regulation.

 

A pool resuscitation sign is to be installed in a conspicuous location within the pool area to the satisfaction of the Principle Certifying Authority.

 

51)    Swimming pool discharge

Swimming pool’s discharge for waste water is to be in accordance with AS/NZS 3500.2.2, Section 10.9 & Figure 10.2.

 

52)    Swimming pool pump location

The filter pump is to be located such that noise from its operations does not cause a nuisance to adjoining residents. If necessary an acoustic enclosure must be provided around the pump to achieve the required noise attenuation.

 

53)    Swimming pool health requirements

The swimming pool water is to be re-circulated, filtered and disinfected in accordance with the requirements of Council’s Senior Environmental Health Officer and the Health Department of New South Wales.  The swimming pool water is to be maintained at satisfactory levels of purity for bathing at all times.

 

54)    Swimming Pool Fencing

Swimming pool fencing is to comply with the requirements of the Swimming Pool Act 1992 and Regulations at all times.

 

Notes

 

Consent granted under the Roads Act 1993

The following works in the road reserve are granted consent pursuant to Section 138 of the Roads Act 1993.

 

Driveway – A concrete driveway and concrete layback from the property boundary through to the edge of gutter. A bitumen sealed driveway from the edge of gutter/layback through to the existing road pavement seal.

 

This consent is issued by Byron Shire Council, being the road authority, for the above proposed works and/or structures subject to the following conditions:

 

1)      Gutter crossing and driveway are to be constructed in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

2)      All work is to be in accordance with Council’s adopted standards.

3)      Twenty four hours notice must be given for the following required inspections:

a)      upon placing of all formwork and reinforcement, prior to pouring concrete, prior to placement of bitumen seal, and

b)      upon completion of all work.

4)      All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property.  The developer and/or contractor must produce evidence to Council of Public Liability Insurance cover for a minimum of $10 Million prior to the commencement of any works.  Council is to be named as a Principal in the policy.  Council is not be held responsible for any negligence caused by the undertaking of the works.

 

Please contact Council’s Local Approvals and Certification Officer for the booking of inspections on (02) 6626 7050.

 

Construction Certificate required:

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the issue of a Construction Certificate prior to works commencing. Application forms are available from the customer services counter or Council’s website www.byron.nsw.gov.au

 

Occupation Certificate required:

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

 

Signs require consent:

Council’s Planning Instruments requires development consent for most forms of advertising signs and structures. The Council has adopted a policy relating to outdoor advertising that sets out standards for various forms of advertising.  Information is available from Council’s Local Approvals Branch.

 

Disability Discrimination Act:

All development other than domestic construction must meet the provisions of the Disability Discrimination Act 1992 under which civil action may be taken if access for people with disabilities is denied or provide in a discriminatory way.

 

Protection of the Environment Operations Act 1997:

It is an offence under the provisions of the Protection of the Environment Operations Act 1997 to act in a manner causing, or likely to cause, harm to the environment. Anyone allowing material to enter a waterway or leaving material where it can be washed off-site may be subject to a penalty infringement notice (“on-the-spot fine”) or prosecution.

 

 

 

Section 94A Levy to be paid

 

The levy will be calculated as follows:

 

Levy payable = %C x $C

 

Where:   %C      is the levy rate applicable as set out in the latest Ministerial Direction issued under section 94E. 

 

                           $C    is the proposed cost of carrying out the development. 

 

The rate of %C is:

 

Proposed cost of the development

Maximum percentage of the levy

Up to $100,000

Nil

$100,001–$200,000

0.5 percent

More than $200,000

1.0 percent

 

The cost of development shall be shall be calculated in accordance with clause 25J of the regulation.  The Cost Summary Report (copy attached) as set out in schedule 2 of the Section 94A contributions plan shall be submitted to Council with the with the payment.  Copies of Cost Summary Report are available at Council’s main office or may be downloaded from http://www.byron.nsw.gov.au/

 

 

SCHEDULE 2

Cost Summary Report

[Development Cost greater than $500,000]

 

DA /CC/CDC No.........................................................................................................................

DATE:..........................................................................................................................................

APPLICANT’S NAME:................................................................................................................

APPLICANT’S ADDRESS:.........................................................................................................

DEVELOPMENT DETAILS:.......................................................................................................

DEVELOPMENT ADDRESS:....................................................................................................

ANALYSIS OF DEVELOPMENT COSTS:

 

Gross Floor Area – Commercial

m2

Gross Floor Area – Other

m2

Gross Floor Area – Retail

m2

Total Gross Floor Area

m2

Gross Floor Area – Car Parking

m2

Total Site Area

m2

Total Development Cost

$

Total Car Parking - Spaces

 

Total Construction Cost

$

 

 

Total GST

$

 

 

 

 

 

I certify that I have:

·    inspected the plans the subject of the application for development consent or construction certificate.

·    calculated the development costs in accordance with the definition of development costs in clause 25J of the Environmental Planning and Assessment Regulation 2000 at current prices. 

·    included GST in the calculation of development cost.

 

 

Signed: ...........................................................................................................................................

Date: ..............................................................................................................................................

Name: ............................................................................................................................................

Phone: ............................................................................................................................................

Position and Qualifications: ...........................................................................................................

Address:

 

REASONS for imposition of conditions

 

·    To ensure access for people with access disabilities.

 

·    To comply with the provisions of Byron L.E.P. 2014. 

 

·    To provide adequate off street parking space for the anticipated traffic that will be generated by the development. 

 

·    To ensure the development is completed in accordance with conditions of consent and approved plans. 

 

·    To preserve the environment and existing or likely future amenity of the neighbourhood. 

 

·    To ensure adequate access to and from the development.