BYRON SHIRE COUNCIL

                                                                                                                              13.15 - Attachment 2

10.2015.214.1

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:

 

Ref No:

Description:

Prepared by:

Dated:

Dwg 01 Rev B

Bayshore Drive Site/Roof Plan

Harley Graham Architects

10/04/2015

Dwg 02 Rev B

Bayshore Drive Platform

Dwg 03 Rev B

Byron Bay Platform Site Plan

Dwg 04 Rev B

Byron Bay Platform Plans

 

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)      Bush Fire Protection requirements

The conditions listed at the end of this development consent under the heading “Requirements of NSW Rural Fire Service” must be completed as part of this consent.

 

5)      Hours of operation and lighting

The train platforms must not operate prior to 7.30am and after 7.30pm on any day. To meet this condition, the train operating on the line must be garaged within the storage shed between the hours of 7.30pm and 7.30am nightly. Lighting must be provided to each platform, located or shielded so that no light is cast on adjoining land and so that motorists will not be distracted.

 

6)      Coastal Erosion

The development must cease if at any time the coastal erosion escarpment comes within 50 metres of any building associated with this development.  The buildings and works used in connection with the development must be removed immediately to an approved location by the owner of the land. The owner must return the landform of the subject land to the predevelopment state and suitably revegetate the land.

 

In this condition coastal erosion escarpment means the landward limit of erosion in the dune system caused by storm waves.

 

Note: at the end of a storm the escarpment may be nearly vertical; as it dries out, the escarpment slumps to a typical slope of 1 vertical to 1.5 horizontal.

 

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

 

7)      Section 94A levy to be paid

Prior to the issue of a occupation certificate for the first event authorised under this approval, a one-off section 94A levy required by the Byron Developer Contributions Plan 2012 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 and shall be set out in schedule 2. A copy of Schedule 2 shall be submitted with the payment to Council.

 

8)      Water and Sewerage - Section 68 approval required

An Approval under Section 68 of the Local Government Act 1993 to carry out water supply work and sewerage work must be obtained.

 

9)      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

 

10)    Trade Waste - Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 to discharge trade waste into Council’s sewer must be obtained.

 

11)    Site Waste Minimisation and Management Plan

Chapter B8 of Byron Shire Development Control Plan 2014 (DCP 2014) aims to facilitate sustainable waste management in a manner consistent with the principles of Ecologically Sustainable Development. Prior to the issue of a Construction Certificate, a Site Waste Minimisation and Management Plan (SWMMP) must be submitted outlining measures to minimise and manage waste generated during demolition, construction and the ongoing operation of the development. The SWMMP must specify the proposed method of recycling/disposal and provide details of the waste management service provider.

 

Plans and specifications must be provided as part of the Construction Certificate showing details of both waste and recycling bin storage facilities at each platform, consistent with the design of existing facilities within the Byron Bay town centre. Such must be installed and serviced as part of the development.

 

12)    Access and facilities for disabled

The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.

 

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

 

13)    Stormwater drainage – Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 to carry out stormwater drainage works must be obtained.

 

14)    Bond required to guarantee against damage to public land

A bond of $4000 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)    S.88E Restriction to be placed on title – Coastal erosion

Documentary evidence is to be provided to the Principal Certifying Authority that a restriction-as-to-user, pursuant to the provisions of S.88E of the Conveyancing Act, 1919, has been placed on the title to the land, the subject of this consent, stating:‑

 

The development granted via development consent number 10.2015.214 must cease if at any time the coastal erosion escarpment comes within 50 metres of the building subject of the consent. The development the subject of this consent must be demolished and removed immediately. Further the landowner must suitably revegetate the land.

 

In this restriction coastal erosion escarpment means the landward limit of erosion in the dune system caused by storm waves.

 

Please note: Documents requiring the endorsement of Council associated with the creation or cancellation of easements, restrictions, covenants are subject to fees listed within Council’s Fees & Charges.

 

16)    Provision of bicycle parking spaces

The application for a Construction Certificate is to include plans and specifications for the provision of five (5) x Class 3 bicycle parking spaces (bicycle rails) at each train platform. The layout, design and security of the bicycle parking facilities must comply with Australian Standard AS 2890.3-1993, Parking facilities - Bicycle parking facilities. The facilities must be provided at ground level within the railway corridor adjacent to the proposed platforms and must be accessible from the paths leading to the platforms from the road reserve.

 

The following conditions are to be complied with prior to any building or construction works commencing

 

17)    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. 

 

18)    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.  

 

19)    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.

 

20)    Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

 

a)      stating that unauthorised entry to the work site is prohibited, and

b)      showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

Any such sign is to be removed when the work has been completed.

 

21)    Erosion & sediment measures

Erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. A summary of these guidelines is attached. A full copy may be downloaded from Council’s web site at www.byron.nsw.gov.au.

 

22)    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.

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

 

The following conditions are to be complied with during building and construction works

 

23)    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.

24)    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.

 

25)    Management of acid sulfate soils

Works for the development must not extend beyond one metre of the natural ground surface without prior approval from Council.  

For the purposes of this condition, works means:

(a)     any landform alteration that may result in the disturbance of more than one tonne of soil;

(b)     any works that may lower ground water levels.

 

26)    Construction times

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

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

b)    Saturday, from 8 am to 1 pm.

c)    No construction work to take place on Sundays or Public Holidays.

 

27)    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).

 

28)    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.

 

29)    Maintenance of sediment and erosion control measures

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

 

30)    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 the issue of a Final Occupation Certificate

 

31)    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, is 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.

 

32)    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.

 

 

The following conditions are to be complied with at all times

 

33)    Restriction on further work in Precincts 1 and 2 of the Coastal Erosion Zone

No works must be carried out at the town centre platform site that might hinder the ready relocation of the building. Such works might include the construction of walls, fences, screens, enclosures, brick veneering, landscaping and the fixing of joints or structural members by welding or other means, any of which might hinder the relocation.

 

34)    Dangerous goods storage

Storage of dangerous goods including fuel is not permitted without prior approval of Council.   

 

35)    No unauthorised access

The rail storage shed must be designed to restrict access by unauthorised persons.  All toxic or potentially hazardous products associated with maintenance must be securely contained in a lockable enclosed area.  Adequate clear signage must be affixed to the building in a prominent position with words to the effect of “No Unauthorised Access.” 

 

36)    Noise management

Any noise generated as a result of maintenance must be managed to comply with NSW Industrial Noise Policy (2000).

 

37)    Waste management

Wastes including engine oils and the like must be collected in containers and disposed off-site by an authorised waste contractor. 

 

 

Requirements of NSW Rural Fire Service

 

1.    The recommendations are based on the plan prepared by Harley Graham Architects, titled 'Proposed New Train Platform'. The recommendations relate to the proposed platform and shed located at the site described as "Bayshore Drive". No specific recommendations are included for the site described as "Byron Town" .

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 a re below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

2.    At the commencement of building works and in perpetuity the property around the building as indicated below, shall be maintained 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':

·      north and northeast for a distance of 8 metres;

·      south for a distance of 9 metres; and

·      northwest , west and southwest for a distance of 21 metres.

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:

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

Evacuation and Emergency Management

The intent of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall apply:

4.    An emergency/evacuation  plan is to be prepared for the proposed development consistent with the NSW Rural Fire Service document 'Guidelines for the Preparation of Emergency/Evacuation plan' .

Landscaping

5.    Landscaping within the Inner Protection Areas is to comply with Appendix 5 of ‘Planning for Bushfire Protection 2006'.

Notes

 

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.

 

Water payments under the Water Management Act 2000

Charges will be calculated 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

0.4 ET

Bulk Water

0.4 ET

Sewer

0.63 ET

 

 

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.

Principal Certifying Authority:

Work must not commence until the applicant has:-

·    appointed a Principal Certifying Authority (if the Council is not the PCA); and

·    given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

·    notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

 

Occupation Certificate required:

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

 

Penalties apply for failure to comply with development consents

Failure to comply with conditions of development consent may lead to an on the spot fine (generally $600) being issued pursuant to section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 125 of the Environmental Planning & Assessment Act 1979.

 

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.

 

Reasons

 

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

·    To ensure access for people with access disabilities.

·    To ensure public health and safety.

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

·    To protect the environment.

·    To preserve the amenity of the area. 

·    To ensure adequacy of services to the development.

·    To ensure public health and safety.

·    To ensure compliance with Section 68 of the Local Government Act 1993.