BYRON SHIRE COUNCIL

                                                                                                                  13.7 - Attachment 3

S82A Review 10.2014.742.1

 

 

Conditions of consent: 

Schedule A - Deferred Commencement Condition/s pursuant to Section 80(3).

 

The following condition/s concern matters as to which the Council must be satisfied before the consent can operate.

A.      Acid Sulfate Soils Management Plan

This consent does not operate until Council is satisfied that acid sulphate soils can be appropriately managed during the construction of the development.

To satisfy Council in this matter, an acid sulphate soils management plan for the development, prepared in accordance with the Acid Sulfate Soils Manual, must be submitted to Council for approval which describes the following:

a)         Description of the site, including maps;

b)         Area of the site and area(s) of disturbance;

c)         Site attributes including site landform and geology, details of any native vegetation, depth to watertable and likely seasonal variation;

d)         Maximum depth of excavation and level in AHD, volume of soil to be excavated, timing of works, water quality testing, calculated cone of depression;

e)         Plan showing locations of all boreholes, details of all sampling equipment, evidence of good materials handling procedures and laboratory certification;

f)          Full details of calculations used to determine the liming rate or any other ameliorant;

g)         Details of all measures to avoid/minimise any disturbance of ASS and dewatering of excavations;

h)         Details of measures to minimise the oxidation exposure times of all ASS excavations and stockpiles;

i)          Details of measures to segregate, stockpile, treat and dispose of ASS and acid drainage waters, including the provision of associated leachate and sediment control measures and procedures;

j)          Details of measures to ensure that acid drainage waters are not discharged to Council’s stormwater system nor any watercourse or drainage channel;

k)         Details of measures to ensure that management of ASS will be undertaken in accordance with the Acid Sulfate Soil Manual (ASSMAC, 1998);

l)          Details of measures to ensure that any off-site disposal of ASS will be in accordance with the ‘NSW DECC (2008) Waste Classification Guidelines’;

m)        Details of validation testing to confirm that sufficient ameliorant has been incorporated into the ASS to prevent any future acidification;

n)         Names and contact details of persons responsible;

o)         Monitoring strategy; and

p)         Contingency procedures.

The Plan must be prepared by a suitably qualified Environmental / Soil Scientist and in accordance with the Acid Sulfate Soil Manual (ASSMAC 1998).  This Plan must take into account the findings any approved Soils and Water Management Plan and approved Acid Sulfate Soils Plan. 

Evidence of compliance with the above conditions, sufficient to satisfy the Council as to those matters, must be provided within 24 months of this notice. If satisfactory evidence is produced in accordance with this requirement, Council will give written notice to the applicant of the date from which the consent operates.

If Council has not notified the applicant within a period of 28 days after the applicant’s evidence is produced to it, the Council is, for the purposes only of Section 97 of the Environmental Planning and Assessment Act 1979, taken to have notified the applicant that Council is not satisfied as to those matters on the date on which that 28 day period expires.

 

Schedule B - Conditions pursuant to Section 80(1)  

 

Upon satisfaction of the deferred commencement condition/s, the following conditions apply:

Parameters

1.   Development is to be in accordance with approved plans

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

Ref No.

Description

Author

Date

DA 03 D

Ground Floor Plan

Project Tourism International Architects

6 July 2015

DA 04 E

Basement 2 Floor Plan

Project Tourism International Architects

28 September 2015

DA 05 E

Basement 1 Floor Plan

Project Tourism International Architects

28 September 2015

DA 06 C

First Floor Plan

Project Tourism International Architects

6 July 2015

DA 07 C

Second Flor Plan

Project Tourism International Architects

6 July 2015

DA 08 C

Roof Plan

Project Tourism International Architects

6 July 2015

DA 09 D

Elevations North + South

Project Tourism International Architects

6 July 2015

DA 10 D

Elevations East + West

Project Tourism International Architects

6 July 2015

DA 11 D

Section A

Project Tourism International Architects

28 September 2015

DA 12 D

Section C

Project Tourism International Architects

28 September 2015

 

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 109R 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.   Shoring and adequacy of adjoining property

(1)          For the purposes of section 80A (11) of the Act, it is a prescribed condition of development consent that if the development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a)  protect and support the building, structure or work from possible damage from the excavation, and

(b)  where necessary, underpin the building, structure or work to prevent any such damage.

(2)          The condition referred to in subclause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

 

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

5.   Remediation of contaminated land

The application for a construction certificate must be accompanied by a Detailed Contaminated Land Assessment and Remedial Action Plan prepared by a suitably qualified contaminated land specialist with experience in the remediation of contaminated land.  The Remedial Action Plan must conform to NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997 and all other applicable standards.

The Remedial Action Plan must be approved as part of the Construction Certificate for Demolition.

 

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

6.   Public Art

Details of publicly visible public art proposed to be installed are to be provided to Council for assessment to ensure its validity, appropriateness, location and value of a minimum $25,000.00.

7.   Section 94A Levy to be paid

Prior to the issue of a construction certificate the 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 of the Environmental Planning and Assessment Act 1979. 

    $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 completed Schedule 2 shall be submitted with the payment to Council. 

8.   Certificate of Compliance – Water Management Act 2000

A Certificate of Compliance will be issued on completion of construction of water management works to serve the development and/or on 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.

PAYMENTS WILL ONLY BE ACCEPTED BY CASH OR BANK CHEQUE.

9.   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.

10. 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.

11. Geotechnical & Structural certification

A certificate from a professional Engineer(s) experienced in Geotechnical and Structural Engineering is to be provided to the Principal Certifying Authority, certifying that:

a)      the design of the civil engineering works for the basement car park structure, including retaining walls, earthworks, dewatering, has been assessed as structurally adequate,

b)      the civil engineering works will not be affected by landslip or subsidence either above or below the works;

c)       the civil engineering works will not affect the structural integrity of the adjacent buildings, and;

d)      adequate drainage has been provided.

 

12. Dilapidation Report

The submission of a certified report from suitably qualified and practising geotechnical and structural engineers, certifying that the method of construction and dewatering will not adversely impact/effect the structural integrity and support of the neighbouring buildings and associated private and public infrastructure within the zone of influence of the construction site.  The report is to also address the current structural state of those buildings and infrastructure.

The engineers are to be Corporate Members of the Institution of Engineers Australia.

13. Plans of retaining walls, earthworks and drainage

The application for a Construction Certificate is to include plans and specifications that indicate retaining wall structures or other approved methods of preventing movement of the soil, where any excavation or filled area exceeds 600mm in height. Adequate provision must be made for drainage.

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

14. Consent required for works within the road reserve – Lawson Street

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:

 

Driveway

 

A new concrete driveway and layback in accordance with Council’s standard “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”. The footpath profile must be designed to comply with Council’s design standards. Concrete ‘wave pattern’ finish is required.

Full width footpath

Full width (or an approved equivalent) concrete footpath for the full frontage of the site at a crossfall of 1 % or 1:100 (maximum 2.5% or 1 in 40). Concrete ‘wave pattern’ finish is required.

Footpath embellishment

 

Grading, trimming, topsoiling and turfing of the unpaved footpath area.

Adjustment of Services

 

Footpath 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.

 

15. Traffic Management Plan – Road works Lawson Street

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.

16. Sediment and Erosion Control Management Plan required

The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as filter fences and sedimentation basins.

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

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

17. 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)      Fully dimensioned plan indicating horizontal & vertical dimensions/clearances, parking bays, access aisles, access ramps and gradients, demonstrating compliance with the current Australian Standards;

b)      Flood gate systems, or other designs, to prevent flood inundation up to the Flood Planning Level;

c)       Design levels;

d)      Longitudinal sections;

e)      Cross sections;

f)       Drainage (pipes, pits, on-site detention, etc.);

g)      Turning paths;

h)      Linemarking and signage.

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

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

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

18. Flood Planning Level for new buildings

The Flood Planning Level for this development is R.L. 3.2m A.H.D. 

The plans and specifications to accompany the construction certificate application are to indicate a minimum floor level that is above the flood planning level.

The plans and specifications to accompany the construction certificate application are also to indicate the use of flood compatible materials, fixtures and power outlets where used in the building below the flood planning level.

19. Bond required to guarantee against damage to public land

A bond of $10,000 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.

20. 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 10.2014.742.1 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.

21. Commercial Swimming Pool Design

Swimming pools (including spa’s) are subject to Public Health Act 2010 & Regulation 2012 requirements.

Water demands and sewerage loading from pools 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:

·    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.

 

 

 

22. Groundwater Contingency Management Plan required

Application for a construction certificate is to include a Groundwater Contingency Management Plan. This Plan must take into account the findings any approved Soils and Water Management Plan and approved Acid Sulfate Soils Plan.  The Plan must be prepared by a suitably qualified Environmental / Soil Scientist and approved as part of the Construction Certificate application.

23. Soil and Water Management Plan required

Application for a construction certificate must be accompanied by:

a)      A licence from the NSW Department of Natural Resources (DNR) for the dewatering of excavations and any associated groundwater monitoring bores.

b)      A detailed Soil and Water Management Plan, approved by Council, for the management of dewatering activities, acid sulfate soils disturbance and discharge water quality.

c)       Documentary evidence that a suitably qualified environmental scientist/engineer with experience in groundwater management has been engaged by the proponent to oversee and be responsible for all works associated with the implementation of the approved Soil and Water Management Plan.

d)      Contact details of the aforesaid responsible person, including an emergency 24-hour phone number. These details must also be provided to Council’s Environmental Services Department.

24. Environmental Management Plan

An Environmental Management Plan (EMP) must be submitted to Council for approval prior to the issue of the construction certificate for any building works.  The EMP must be prepared by a suitably qualified professional and contain details of measures to be undertaken to ensure that construction works do not result in any off-site impacts that could interfere with neighbourhood amenity. 

25. Noise Management Plan

A Noise Management Plan must be submitted to Council for approval prior to the issue of the construction certificate for any building works.  The Noise Management Plan must be prepared by a suitably qualified acoustic practitioner and detail the methods that will be implemented for the whole project to minimise construction noise. Information should include:

a)     identification of nearby residences and other sensitive land uses;

b)     assessment of expected noise impacts;

c)      detailed examination of feasible and reasonable work practices that will be implemented to minimise noise impacts;

d)     strategies to promptly deal with and address noise complaints;

e)     details of performance evaluating procedures (for example, noise monitoring or checking work practices and equipment);

f)      procedures for notifying nearby residents of forthcoming works that are likely to produce noise impacts;

g)     reference to relevant consent conditions; and

h)     name and qualifications of person who prepared the report.

Note to EO: Refer to DECC’s ‘Interim Construction Noise Guideline’ (2009) for more information (see http://www.environment.nsw.gov.au/noise/constructnoise.htm).

26. Dewatering Management Plan required

Dewatering Management Plan to Council’s Team Leader, Environment Services for approval prior to issue of the Construction Certificate.  This Plan must take into account the findings any approved Soils and Water Management Plan and approved Acid Sulfate Soils Plan and include the following:

· water quality criteria for waters to be discharged to the stormwater system, to be derived from ANZECC / ARMCANZ (2000) Fresh and Marine Water Quality Guidelines 95 % species protection trigger levels for freshwaters, or similar. Parameters to include, but not be limited to, pH, electrical conductivity, dissolved oxygen, total suspended solids, turbidity, ammonia, oxidised nitrogen (NOx), Total Nitrogen (TN), Filterable Reactive Phosphorus, Total Phosphorus, Total Petroleum Hydrocarbons, Benzene, toluene, ethyl benzene, xylene (BTEX), Polycyclic Aromatic Hydrocarbons (PAHs) and Aluminium;

· details of proposed water treatment prior to discharge to ensure compliance with the above water quality criteria, including those that are manual and automated;

· details of water sampling methodologies and frequencies for each parameter;

· details of disposal methods if water does not comply with above criteria; and

· details of a 24-hour contact person and telephone number for complaints.

27. Unexpected Findings Protocol - Contamination & Remediation

An Unexpected Findings Protocol (UFP) must be prepared and submitted to Council for approval prior to the issue of Construction Certificate.  The UFP must be prepared by a suitable qualified person experienced in matters relating to Contamination of Land and Remediation, to the satisfaction of Council’s Director of Planning, Development and Environment.

28. Site Waste Minimisation and Management Plan

Chapter 1: Part F of Byron Shire Development Control Plan 2010 (DCP 2010) 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 and use of the development. The SWMMP must specify the proposed method of recycling or disposal and the waste management service provider.

A template is provided on Council’s website to assist in providing this information www.byron.nsw.gov.au/files/publications/swmmp_-_pro-forma-.doc)

29. Landscaping plan required

The application for a Construction Certificate is to include plans and specifications that indicate the landscaping within the balcony/terrace areas of the site. 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)      The plan is to be prepared by a suitably qualified landscape architect / architect /ecologist who has appropriate experience and competence in landscaping.

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

 

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

30. Approved Environmental Plans must be implemented

The works engineer must certify to the Principal Certifying Authority that all requirements contained in the following have been implemented:

·        Acid Sulfate Soils Management Plan

·        Soil and Water Management Plan

·        Environmental Management Plan

·        Groundwater Contingency Management Plan

·        Dewatering Management Plan

·        Unexpected Findings Protocol - Contamination & Remediation

31. Traffic Management Plan

The approved traffic management plan is to be implemented.

32. Public safety requirements

All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property.  The public liability insurance cover, for a minimum of $10 million, is to be maintained for the duration of the construction of the development. Council is to be nominated as an interested party on the policy.  Council is not held responsible for any negligence caused by the undertaking of the works.

33. Erosion and Sediment Control Management Plan 

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control plan/s must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

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).

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

34. 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.

 

35. 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.

The following conditions are to be complied with during building or demolition works

36. 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.

37. 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.

38. 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. 

39. Electrical and Mechanical Equipment

For buildings constructed on flood liable land, the electrical and mechanical materials, equipment and installation must conform to the requirements of Chapter C2 of Development Control Plan 2014.

40. 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. 

41. 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. 

42. Approved Environmental Plans must be implemented

Works must be in accordance with the following approved plans:

·    Acid Sulfate Soils Management Plan

·    Soil and Water Management Plan

·    Environmental Management Plan

·    Groundwater Contingency Management Plan

·    Dewatering Management Plan

·    Unexpected Findings Protocol - Contamination & Remediation

43. WorkCover Authority

All works must be undertaken in accordance with the requirements of the WorkCover Authority.

44. Removal of asbestos and other wastes
All wastes, including asbestos and lead-contaminated wastes, associated with these works are to be handled and disposed of in accordance with the requirements of the Work Cover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Wastes must be disposed of at a Licensed Waste Facility.  All wastes removed from the site must be managed and disposed of in accordance with NSW DECC Waste Classification Guidelines (2008) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf

All asbestos wastes associated with removal of the existing dwelling 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. 

45. Support for neighbouring buildings

If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

a)    must preserve and protect the adjoining building from damage;

b)    if necessary, must underpin and support the building in an approved manner;

c)    must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

The owner of the adjoining allotment of land, public road or any other public place is not to be held liable for any part of the cost of work carried out, whether carried out on the allotment of land being excavated or on the public road, any other public place or the adjoining allotment of land.

46. All excavated soils to be disposed of off-site

All excavated soils to be disposed of off-site and in accordance with NSW DECC Waste Classification Guidelines (2008) and the approved Remedial Action Plan.

47. Imported Fill

Any imported fill material used to back fill tank pits must be certified as clean or virgin material.  The applicant/owner is to produce documentary evidence that this condition has been met.

 

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

48. Road damage

Any damage caused to Council or other Public Authority’s assets as a result of construction works associated with the approved development is to be repaired, to the satisfaction of the public authority, by the contractor/developer prior to the issue of any 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.

49. 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.

50. Car parking, driveways and access areas to be completed and signs to be provided.

The car parking, driveways and access 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.

51. Geotechnical & Structural Certification required – Completed Engineering Works

A Certification from a professional Engineer(s) experienced in Geotechnical and Structural Engineering is to be provided to the Principal Certifying Authority, certifying that:

a)      the constructed completed civil engineering works, inclusive of the basement car park structure, retaining walls, earthworks, drainage, has been assessed as structurally adequate,

b)      the civil engineering works will not be affected by landslip or subsidence either above or below the works;

c)       the civil engineering works will not affect the structural integrity of the adjacent buildings, and;

d)      adequate drainage has been provided.

52. 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 directly to a watercourse, and

d)      Not onto adjoining land.

53     Floor Levels

Prior to the issue of an occupation certificate the owner/builder of a development is to confirm in writing to Council the as-built levels are as per the approved designs (i.e. the heights are confirmed by a registered surveyor). The heights which should be provided would be habitable floor, non-habitable floor, basement car park floors, flood gate level (of inundation protection). 

54     Stormwater drainage – Certification of works

a)      Stormwater must be collected and disposed of in a controlled manner in accordance with the approval granted to an application under Section 68 of the Local Government Act 1993.

b)      Certificates, such as ‘hydraulic/hydrological compliance’ and ‘structural adequacy’ must be submitted to the Principal Certifying Authority (PCA) prior to occupation.

c)       The certificates are to be from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans, Council’s current ‘Design & Construction Manuals, Section 68 Approvals and DCP 2014.

d)      The submission of works as executed drawings for the storm water prior to a final plumbing inspection.

55     Public Art

The approved public art work is to be installed within the development.

56     Certification required

The works engineer must certify to the Principal Certifying Authority that all works have been carried out in accordance with the approved Environmental Management Plans including:

·    Acid Sulfate Soils Management Plan

·    Soil and Water Management Plan

·    Environmental Management Plan

·    Groundwater Contingency Management Plan

·    Dewatering Management Plan

·    Unexpected Findings Protocol - Contamination & Remediation

 

 

57     Dilapidation report

The submission of a certified report from suitably qualified and practising geotechnical and structural engineers, certifying  what, if any, impacts/effects that the completed development has had on the neighbouring buildings and associated private and public infrastructure within the zone of influence of the construction site.  The report is to also address what measures are to be implemented, and in what time frame, to rectify any such identified defects.

The engineers are to be Corporate Members of the Institution of Engineers Australia.

The following conditions will need to be complied with at all times

58     Vehicles to enter/leave in a forward direction

Vehicles using any off-street loading/unloading and/or parking area 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.

59     Landscaping to be maintained

The landscaping within the approved landscaping plan must be maintained at all times.

60     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.

61     Swimming Pool controlled discharge rate

The maximum allowable flow rate of filtered backwash water into the sewer is 0.45 L/s.

62     Public use of swimming pool

The swimming pool must operate in accordance with the NSW Public Health (Swimming Pools and Spa Pools) Regulation 2000 and related NSW Health Department guidelines. 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 NSW Health Department.  The swimming pool water is to be maintained at satisfactory levels of purity for bathing at all times.

A child-resistant barrier fence that complies with AS 1926.1 “Fencing for swimming pools” must surround the swimming pool. 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.

Adequate supervision, resuscitation information and an emergency response plan must be provided when the pool is in use.

The swimming pool and associated facilities must comply with the requirements of the NSW Occupational Health & Safety Act 2000. Further inquiries in respect of this condition should be directed to the WorkCover NSW by telephoning (02) 6622 0088 (Lismore).

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

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.

The swimming pool water is to be re-circulated, filtered and disinfected in accordance with the requirements of Council and NSW Health.  The swimming pool water is to be maintained at satisfactory levels of purity for bathing at all times.

63     Unexpected Findings Protocol - Contamination & Remediation

The subject site must be managed at all times in accordance with any long-term management recommendations resulting from the Unexpected Findings Protocol (UFP). 

64     Car Parking spaces are to be available for the approved use

A minimum of 46 car parking 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 carparking spaces required for the residential component (manager’s unit) of the development are to be reserved and made available for particular residents.

65     Vehicles to enter/leave in a forward direction

Vehicles using any off-street loading/unloading and/or parking area 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.

66     Flood Evacuation Plan

A copy of the approved flood evacuation plan is to be laminated in clear plastic and displayed in a prominent location(s) within the development.

67     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.

68     Swimming Pool controlled discharge rate

The maximum allowable flow rate of filtered backwash water into the sewer is 0.45 L/s.

Notes

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.

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.

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.

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

11.64 ET*

Bulk Water

11.64 ET*

Sewer

15.87 ET*

 

*Please note ET figures based on assumed swimming pool characteristics. These figures are subject to change upon receiving detailed swimming pool designs.

 

Reasons

·    To ensure access for people with access disabilities.

·    To comply with the provisions of Byron Local Environmental Plan 2014.  

·    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.