proposed consent conditions 10.2015.353.1

BYRON SHIRE COUNCIL

13.9 - Attachment 2

10.2015.353.1

CONDITIONS OF CONSENT

Parameters of Consent

1) Development is to be in accordance with approved documents

The development is to be in accordance with the documents detailed in the table below, as modified by red ink and any conditions of this consent:

Ref No.	Description	Prepared by	Date
CD 010	Masterplan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 011	Subdivision Community Scheme	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 012	Subdivision Neighbourhood Scheme	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 013	Subdivision Strata Plan – Level 00	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 014	Subdivision Strata Plan Level 01	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 100	Site Plan Carparking	Dominic Finlay Jones Architects	12/11/2015 Rev B
SK13	Sketch plan showing general carpark space locations & dimensions	Ardill Payne & Partners	16/11/2015
C11	Combined Services	Ardill Payne & Partners	14/12/12 Rev E
C45	Stormwater Layout Plan	Ardill Payne & Partners	14/12/12 Rev F
C53-01	Sewer Plan	Ardill Payne & Partners	14/12/12 Rev E
C63	Potable Water Plan	Ardill Payne & Partners	14/12/12 Rev F
C64	Non- Potable Water Plan	Ardill Payne & Partners	14/12/12 Rev E
CD 025	Level 00 GFA Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 026	Level 00 GFA Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 100	Site Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 101	Site Roof Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 200	Level 00 B1 Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 201	Level 01 B1 Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 202	Level 00 C1 - C2 Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 203	Level 01 C1 – C2 Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 204	Level 00 C3 – C4 – C5 Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 205	Level 01 C3 - C4 – C5 Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 300	Elevations 01	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 301	Elevations 02	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 302	Elevations 03	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 303	Elevations 03	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 304	Elevations 04	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 400	Recreation R1	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 401	Terrace Type A1 – A3	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 402	Terrace Type A1-A3	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 403	Terrace Type A1 – A3	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 404	Terrace Type A4 – A2 – A5	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 405	Terrace Type A4 – A2 – A5	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 406	Terrace Type A4 – A2 – A5	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 407	Live Work Type LW1 – LW3	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 408	Live Work Type LW1 – LW3	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 409	Dwelling Type D4	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 410	Dwelling Type D5A	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 411	Dwelling Type D7A	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 412	Dwelling Type D8	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 413	Dwelling Type D8A	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 414	Dwelling Type D9	Dominic Finlay Jones Architects	05/06/2015 Rev A
Report No. 291884	Waste Management Strategy Bayshore Village, Byron Bay	GeoLINK	14 April 2011
	Community Management Statement. Bayshore Village. Lot 3 DP 1004514, Bayshore Drive, Byron Bay	Hickey Lawyers
	Neighbourhood Management Statement	Bayshore Property Trust

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) Staging of consent

This Development Consent is issued to enable the lodgement of Construction Certificates individually for the different built form elements comprising the development, in any sequence.

· A - Residential

· B - Commercial Retail

· C – Commercial Retail

· D – Residential

· LW – Live Work

· R – Recreation

Subsequently the development can be carried out in any order or concurrently, provided that they are not commenced before the completion of the Civil works as approved under 10.2011.162. However, the Recreation Stage must be completed prior the occupation certificate of any stage that incorporates a dwelling, including any Residential Stage (Live/Work Stage).

3) Site Preparation Stage and Community Title Subdivision:

All site preparation works building on the bulk earthworks that are approved under Development Consent No. 10.2008.360 and PART A of 10.2011.162 as amended, including construction of drainage systems, all internal and external roads / laneways / footpaths, all roadside car parking spaces, the provision of water, sewer, electricity and communications supply throughout (by way of laying internal services and providing connection points for each building) are to be completed to allow construction of all the development subject of this consent.

4) Road / Street / Lane names

No approval is provided for the names provided within the architectural drawings of the roads / streets / lanes within the development. The use of the various names within this development consent is for reference purposes only. Final names are subject to separate agreement.

5) Modification of development consent No. 10.2011.162

In accordance with Section 80A(1)(b) of the Environmental Planning and Assessment Act 1979, this condition requires the modification of Development Consent No. 10.2011.162 as follows:

DELETE: - Part B of the consent.

6) Bush Fire Safety Authority

The development must be carried out in accordance with the following Bush Fire Safety Authority issued by the NSW Rural Fire Service under the Rural Fires Act 1997, dated 16 June 2011, or as amended in writing by the NSW Rural Fire Service.

1. The development proposal is to comply with the following:

● Drawing titled 'Masterplan' prepared by Dominic Finlay Jones Architect Pty Ltd, numbered 0291AR01A and dated 27th April, 2015 as submitted in Figure 2 of the 'Bush Fire Threat Assessment Report' prepared by Bushfire Certifiers and dated 21st May, 2015.

● Drawing titled '00 Habitat Masterplan' prepared by Dominic Finlay Jones Architect Pty Ltd, numbered CD010, Issue A, dated 5th June, 2015 as submitted in Figure 5 of the 'Bush Fire Threat Assessment Report' prepared by Bushfire Certifiers and dated 21st May, 2015.

● Drawing titled 'Building Numbers' as submitted in Figure 6 of the 'Bush Fire Threat Assessment Report' prepared by Bushfire Certifiers and dated 21^st May, 2015.

Asset Protection Zones

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

shall apply:

2. At the issue of Stage 1 subdivision certificate and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for Asset Protection Zones'.

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'.

Access

The intent of measures for internal roads is to provide safe operational access for emergency services personnel in suppressing a bush fire, while residents are accessing or egressing an area. To achieve this, the following conditions shall apply:

· One way roads shall be a minimum carriageway width of 4 metres. Hydrants shall not be located within the carriageway or parking bays.

· Two way roads shall have a minimum carriageway width of 6 metres. Hydrants shall not be located within the carriageway or parking bays.

· Vehicular entry/exits have a minimum carriageway width of 6.5 metres.

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

4. Construction on Lots 33, 34, 23, 24 and 64-68 shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

5. Construction on Lots 47-58 shall comply with Sections 3 and 7 (BAL 29) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'. Construction on the north eastern elevation shall comply with Sections 3 and 6 (BAL 19) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

6. Construction on Lots 13, 14 and 59-63 shall comply with Sections 3 and 7 (BAL 29) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'. Construction on the south western elevation shall comply with Sections 3 and 6 (BAL 19) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

Landscaping

7. Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

PART A - THE FOLLOWING CONDITIONS ARE APPLICABLE TO EACH AND EVERY COMMERCIAL, LIVE/WORK AND RESIDENTIAL STAGE:

Parameters of Consent

7) 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.

8) 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

(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).

9) Application of conditions within this Part of the consent

The conditions outlined within this Part of the consent apply to each and every Commercial, Live/Work and Residential Stage. As such, each independent Stage must satisfy all conditions outlined within this Part of the consent with timing determined by the headings shown in bold and shaded, unless stated otherwise within the condition.

10) 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.

11) Signage

This development consent does not include any approval for signage within the site. Council’s Planning Instruments require separate development consent for most forms of advertising signs and structures.

12) Easements and services

In accordance with the amended details shown within Illustration 1.0, prepared by GeoLINK, dated September 2008, no buildings or swimming pools associated with the development may encroach into the required easements shown on that plan.

The following conditions are to be complied with prior to the issue of a Construction Certificate for building works for each stage, where relevant to that stage

13) Provision of public art

In accordance with Chapter D8 of Development Control Plan 2014, public art is to be provided within the development with a minimum value of $25,000. Details are to be submitted for approval as part of the Construction Certificate of the ‘sculpture’ to be nominated within the Commercial Precinct on an amended site plan of the commercial precinct. Such details must achieve the following:

(a) Relevance and appropriateness of the work in relation to its site;

(b) Relevance and appropriateness of the work to Byron Shire, including the Shire’s Aboriginal heritage, its particular natural environment and its diverse culture;

(d) Consideration of public safety, including public use of and access to the Public Art and associated space;

(e) Consideration of maintenance and durability, including potential for vandalism;

(f) Evidence of funding sources and satisfactory budget, including provision for ongoing maintenance; and

(g) Evidence of Public Liability Insurance to cover construction and installation of the work.

14) Classification and Suitability of Fill

The fill material must be classified as suitable for the site. Such classification must conclude to the satisfaction of Council’s Environmental Health Officers that the fill material is not contaminated and/or contain acid sulfate material. Classification must be in accordance with the NSW DECC ‘Waste Classification Guidelines (2008)' and ‘Acid Sulfate Soil Guidelines (ASSMAC, 1998)’.

15) Treatment of Fill

Where treatment of the fill material is required to ensure it is suitable for the site as specified in the preceding condition, such treatment must not occur on the subject site. Documented evidence of any remediation for contamination and/or treatment for acid sulfate material must be provided to Council’s Environmental Health Officers. Once treated, the fill material must not exceed a pH of 4.5.

16) Geotechnical Report required – Building Works

A certificate from a professional Engineer experienced in Geotechnical Science is to be provided to the Principal Certifying Authority, certifying that the site is stable and will not be affected by landslide or subsidence at, above or below the site for the relevant stage when the building is erected. The certificate must be prepared in accordance with AS 1726.

17) Plans of retaining walls and drainage

The application for a Construction Certificate is to include plans and specifications that indicate retaining walls 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.

18) 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”.

19) Stormwater Management

The application for a Construction Certificate is to include plans and specifications that indicate stormwater management in accordance with the approved Stormwater Services Plan, AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage and Council’s Comprehensive Guidelines for Stormwater Management. The plans and specifications must include a full report and all modelling results prepared by a qualified practising Civil Engineer with documented experience in stormwater modelling.

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

20) Parking layout, vehicle circulation and access.

The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details within the site in accordance with the following:

a) A minimum of 200 car spaces (including disabled spaces), comprising:

i) 22 car spaces for the dwellings in Lot 2 ;

ii) 125 car spaces for the commercial buildings in Lot 2

iii) 20 car spaces for the dwellings Lot 3; and

iv) 33 car spaces for the live/work buildings in Lot 4.

The design and layout of the parking facilities must comply with Australian Standard AS/NZS 2890.1:2004 - Parking facilities - Off-street car parking and AS/NZS 2890.6:2009 - Parking facilities - Off-street parking for people with disabilities. Circulation roadways and parking aisles must be clearly marked to regulate vehicle movements.

b) A minimum of 32 bicycle spaces for the commercial buildings in Lot 2, comprising 20 class 2 bicycle facilities (secure compound) for employees and 12 class 3 bicycle facilities (support rails) for public use. The layout, design and security of the bicycle parking facilities must comply with Australian Standard AS 2890.3-1993, Parking facilities - Bicycle parking facilities.

c) A minimum of 6 service bays within the stage 1 area, comprising:

i) 4 service bays for medium rigid vehicles; and

ii) 2 service bays for small rigid vehicles.

The design and layout of the service vehicle areas must comply with Australian Standard AS 2890.2-2002 - Parking facilities - Off-street commercial vehicle facilities.

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

i) pavement description;

ii) site conditions affecting the access;

iii) design levels & grades;

iv) dimensions (driveways, aisles, parking spaces, service bays, etc.);

v) turning paths; and

vi) line marking 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”.

21) 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.

22) 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 in accordance with NSW Office of Water Liquid Trade Waste Regulations Guidelines 2009, Council’s Liquid Trade Waste Policy and Liquid Trade Waste Guidelines.

Commercial, business, trade and industrial activities discharging or proposing to discharge to the sewer are required to notify Council and complete the Trade Waste Registration Form available at the Mullumbimby Office and from Council’s website at: http://www.byron.nsw.gov.au/files/publications/liquid_trade_waste_application_form_0.pdf

23) 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

24) 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:

· 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

25) Private Pump Stations

The owner is solely responsible for the operation, maintenance and repair of private sewer pump station. Conditions of approval also include the following:

· Power Operation - Owners/occupiers are not permitted to interfere with the electrical operation of the pump station. Council requires the pump station to be wired into the common switchboard in such a manner so as not to interfere with the normal electrical operation of the property, nor be accessible by the residents.

· Maintenance - The owner is to enter into a contract for the maintenance of the private sewer pump station with a suitably qualified person in accordance with the manufacture’s specification. Pump wells must be checked by the service provider as part of the 6 monthly maintenance inspections. This bi-annual maintenance shall include servicing of pumps and electrical components, and a check that the level switches are correctly set and operating.

The owner is also required to keep records of maintenance and repair of private sewer pump station. These records need to be supplied to Council on an annual basis.

Approval of your private pump station will be included in a register to provide accountability for the operation and maintenance of the pump station and to assist in any compliance action that may be required in the circumstance that unsatisfactory operation and maintenance regimes arise.

26) Developer Contributions to be paid

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

The contributions 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.

27) 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.

28) Equity of Access and Mobility

In accordance with Development Control Plan 2010, one adaptable dwelling designed in accordance with AS4299 must be provided for every ten dwellings or part thereof. As such, at least 3 adaptable dwellings designed in accordance with AS4299 must be located throughout the development. Details of the individual dwellings nominated to meet this requirement must be included within the plans that are submitted and approved with the Construction Certificate. Construction Certificate plans must also include design details demonstrating compliance with AS4299 and the following:

(a) Access is to be provided in accordance with the Building Code of Australia and AS1428.2. A “continuous accessible path of travel” must be provided.

(b) Appropriate access for all persons through the principal entrance of a building must be provided.

(c) For every adaptable dwelling at least one of the parking spaces required must be designed in accordance with AS2890 Part 1.

(d) One visitor parking space designed in accordance with AS2890 Part 1 must be provided for every 100 parking spaces or part thereof, throughout the development.

29) Building materials and colours to be specified

The application for a Construction Certificate is to include plans and specifications that indicate the proposed building materials and colours consistent with the provisions of Council’s Development Control Plan 2014 Chapter E5.5.4.3. No roof must have a highly reflective surface. Any metal roof must have a colorbond or equivalent finish in a colour approved by Council. White or light coloured roofing will not be approved where likely to be intrusive.

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

30) Bird strike strategies

Provide and implement strategies to decrease the likelihood of bird strike against windows of buildings including monitoring of effectiveness. A proposed strategy must be submitted to Councils Ecologist for approval.

31) Detailed landscaping plan required

Prior to the issue of a Construction Certificate for each Stage, a detailed landscaping plan must be submitted and approved by Council’s Ecologist. The detailed plan must include all landscaping within all the mixed use areas of the site. The landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of ChapterB9 of Development Control Plan 2014. The plan must not include species that represent translocation of native plants outside their geographic range, potential or known environmental weeds or species with potential for genetic pollution. 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.

The plan is to be prepared by a suitably qualified landscape architect / architect / ecologist who has appropriate experience and competence in landscaping. The NSW Rural Fire Service requires that landscaping of the site is to comply with the principles of appendix 5 of Planning for Bush Fire Protection 2006.

Following approval by Council’s Ecologist, such plans and specifications must be approved as part of the Construction Certificate.

32) Long Service Levy to be paid

A Long Service Levy must be paid to the Long Service Payments Corporation. These payments may be made at 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.

33) Garbage storage areas to be provided

The application for a Construction Certificate is to include plans and specifications that indicate all garbage store areas as identified and approved within the Waste Management Strategy for the residential, commercial, retail and industrial uses within the site.

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

34) Compliance with BASIX Certificate

The Principal Certifying Authority (PCA) is to ensure that the proposed development is constructed in accordance with the requirements of the BASIX Certificates that were submitted to Council in support of the Development Application.

The Plans submitted for approval with the Construction Certificate must include all of the BASIX Certificate commitments.

Where changes to the development are proposed that may affect the water, thermal comfort or energy commitments, a new BASIX Certificate may be required.

35) Requirements of Bush Fire Safety Authority from NSW Rural Fire Service

The requirements of the Bush Fire Safety Authority issued by the NSW Rural Fire Service are to be incorporated into the plans that are submitted with and approved as part of the Construction Certificate.

36) Details pool fence required

The application for a Construction Certificate is to include plans and specifications that indicate the details of the fence around any 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.

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

37) Erosion & sediment measures

Erosion and sedimentation controls are to be in place in accordance with the approved sediment and erosion control plan for the site.

38) 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.

39) 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.

40) 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 not held responsible for any negligence caused by the undertaking of the works.

The following conditions are to be complied with during construction

41) 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.

42) 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).

43) 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.

44) 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.

45) No dewatering

No dewatering without prior written permission from Council.

46) 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.

47) Stormwater drainage work

Stormwater shall be collected and disposed of in a controlled manner in accordance with the approved plans. Drainage lines within the road reserve must be sewer class or other approved equivalent. All drainage works are to be installed by a suitably qualified person and in accordance with the requirements of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

48) Requirements of NSW Rural Fire Service

The requirements of the Bush Fire Safety Authority issued by the NSW Rural Fire Service are to be applied as relevant.

The following conditions are to be complied with prior to occupation

49) Works to be completed

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 an 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) Compliance with bushfire conditions under Section 100B of Rural Fires Act 1997

Documentary evidence from a suitably qualified professional is to be submitted to the PCA demonstrating that the bushfire conditions as issued under Section 100B of the Rural fire Act 1997 have been complied with.

51) Waste management

Measures must be in place to comply with the requirements of the report titled ‘Waste Management Strategy Bayshore Village, Byron Bay. Geolink. Report No. 291884. 14 April 2011’.

52) Access and parking

The access and car parking areas are to be constructed in accordance with the approved plans for the relevant stage, prior to issue of an occupation certificate.

53) Security Lighting

Lighting for security and crime prevention purposes must be provided to each of the car parking areas, pedestrian paths and entries to commercial buildings. Lighting must be positioned so that it does not spill onto the adjoining properties in such a way that it adversely impacts the amenity of the occupants of those properties.

54) Stormwater drainage – Certification of works

a) Stormwater must be collected and disposed of in a controlled manner in accordance with the approved construction plans for the relevant stage.

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 Part N of DCP 2010 (Certificate of Compliance form).

55) Completion of landscaping works

All landscaping works as approved within the Construction Certificate are to be completed.

56) Food standards

Food premises shall be constructed to comply with the New South Wales Food Act 2003 and Food Regulation 2004. Requirements of Food Standard Code 3.2.3 and Australian Standard AS 4674 – 2004 Design, construction and fit-out of food premises to be satisfied to achieve the minimum construction standards for the food business. The operator shall obtain a satisfactory inspection from Council’s Environmental Health Officer prior to commencing operation. A minimum of 24 hours notice is required prior to inspection. Inspections can be arranged by telephoning (02) 6626 7054 during normal office hours. A fee is levied upon the operator for such inspections.

57) Kitchen exhaust

Prior to use of the kitchen exhaust-hood installation associated with the canteen, a certificate and system specifications detailing the air flow velocity readings to be provided to Council. The certificate should be completed by a suitably qualified professional and shall ensure that the installation satisfies the requirements of AS 1668 Parts 1 and 2.

58) Waste disposal facilities

The operator shall demonstrate to Council’s Environmental Health Officer’s satisfaction that adequate waste disposal facilities are available on the premises for use by the canteen, and that such facilities can be maintained to prevent environmental harm or public nuisance.

59) Public use of swimming pools and spa pools

Continuous disinfection dosing system and effective water circulation shall be provided to all treated water swimming pools and spa pools. Sufficient residual bactericidal effect shall be achieved as required by the NSW Public Health Regulation, and the "Public Swimming Pools and Spa Pools Guidelines" (as amended).

60) Completion of landscaping works

All landscaping works as approved within the Construction Certificate are to be completed.

61) Water service to be connected

A water service 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 will be at the applicants cost.

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

62) Parking to be available for the approved use

Parking spaces and all necessary access arrangements in accordance with the approved plans are to be provided and maintained to the satisfaction of Council.

63) 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.

64) Loading and unloading not to occur on the street

Loading and unloading bays must be available at all times for the loading and unloading of goods for the development. All loading and unloading to is take place within the curtilage of the premises.

65) Operation of Swimming Pools

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.

Swimming Pool controlled discharge rate

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

66) Stormwater Maintenance

The stormwater collection and treatment devices must be inspected and maintained in accordance with the maintenance program contained in the approved Integrated Water Cycle and Soil Management Plan.

67) Access must be permitted to Council officer

Access must be permitted to any authorised Council officers during normal business hours for the purpose of ensuring compliance with consent conditions.

68) Access for emergency vehicles and personnel

Access must be permitted to and throughout the site for emergency vehicles and personnel. No gates are permitted across the vehicle access roads to the development.

69) Access for waste management vehicles and personnel

Access must be permitted to and throughout the site for waste management vehicles and personnel. No gates are permitted across the vehicle access roads to the development.

70) Requirements of NSW Rural Fire Service

The requirements of the Bush Fire Safety Authority issued by the NSW Rural Fire Service are to be adhered to.

71) Common antennae

Where buildings contain multiple units, shared television antennae/satellite dishes are to be provided to reduce the visual impact of multiple services.

72) 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.

73) Swimming pool discharge

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

74) Swimming pool pump locations

The filter pumps of all swimming pools are to be located such that noise from their operation 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.

75) Food premises

Any food premises shall be operated and maintained to ensure that the statutory requirements of the New South Wales Food Act 2003 and Food Regulation 2004 (incorporating Food Standard Codes) are satisfied at all times. Access to the Food Standard Codes is available on-line at http://www.foodstandards.gov.au. The operator is required to ensure that the business is registered with the NSW Food Authority. Notification may be carried out on-line at http://www.foodnotify.nsw.gov.au.

76) Control of emissions from food premises

Any food premises uses 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.

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

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

77) Toilet and washing facilities

The operator of any food premises shall comply with the Occupational Health and Safety Act 2001 statutory requirements. Staff shall be provided with adequate toilet and washing facilities. NSW WorkCover should be consulted in the event that further information is required in regard to this condition.

78) Public use of swimming pools

The operation of all treated water swimming pools and spa pools used by members of the public shall maintain a continuous disinfection dosing system and effective water circulation so as to maintain the minimum standards established under the NSW Public Health Regulation. The NSW Health "Public Swimming Pool and Spa Pool Guidelines" (as amended) offers advice and specific water quality objectives to ensure that public health and safety conditions are maintained at all times.

79) Land uses

The various land uses contained within the development are to operate in accordance with the Statement of Environmental Effects (prepared by Planners North dated June, 2015), Chapter E5 of Byron Development Control Plan 2014 and the following requirements:

(a) The canteen located within Buildings C1 is to be operated in accordance with the definition of a restaurant or café [a restaurant or café means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.] with the exception that it is generally to be used to service the residents/workers within the development and shall only be open for trade during the same hours as the adjacent commercial buildings.

(b) The workspace and/or home office areas that are attached to individual dwellings must not be used for any form of residential habitation or adapted for dual occupancy purposes. Such may only be used in conjunction with the dwelling in which they are attached to and must not be leased or used by persons other than those residing in the attached dwelling.

(c) The areas nominated as ‘retail’ located within Buildings B1 and C1 – C5 are to be operated in accordance with the definition of a retail premises as defined in Byron Local Environment Plan 2014.

(d) The areas nominated as ‘commercial’ located within Buildings B1 and C1 – C5 are to be operated in accordance with the definitions for either a (a) business premises, (b) office premises or (c) retail premises, which are listed as commercial uses and are separately defined under Byron Local Environment Plan 2014

(e) The workshops located within Dwelling Types LW1 – LW3 are to be operated as creative industries in accordance with Chapter E5 of Development Control Plan 2014. Creative Industry means industries that generate copyrights, patents, designs or trademarks and incorporates businesses and industries involved in:

§ advertising, graphic design and marketing;

§ architecture, visual arts and design;

§ music composition and production;

§ computing and intellectual technologies;

§ performing arts;

§ writing, publishing and print media; and

§ film, television and entertainment.

Such workshops may only be used in conjunction with the dwelling in which they are attached to and must not be leased or used by persons other than those residing in the attached dwelling. The workspaces must not be used for any form of residential habitation or be adapted for dual occupancy purposes by providing a separately accessible entry for the dwelling above.

80) Hours of operation

The hours of operation of the various land uses contained within the development are limited to those provided below:

§ Commercial and Retail areas within Buildings B1 and C1 – C5 : 8am to 6pm Monday to Friday and 8am to 1pm Saturday.

§ Creative Industry uses within Buildings LW1-1, LW1-2 & LW1-3: 9am to 5pm Monday to Friday and 9am to 12pm Saturday.

§ Office uses within Dwelling Types A1, A2 & A5 : 9am to 5pm Monday to Friday and 9am to 12pm Saturday.

§ Workspace uses within Dwelling Types D4, D5A, D7A, D8, D8B & D9 : 9am to 5pm Monday to Friday and 9am to 12pm Saturday.

§ Canteen within Building C1 : 9am to 5pm Monday to Friday and 9am to 12pm Saturday.

§ Recreation facilities : 6am to 10pm Monday to Sunday.

81) No interference with amenity

The use of the premises 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.

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

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

The following conditions must be complied with prior to issue of a Subdivision / Strata Certificate

82) Subdivision/Strata Certificate application required

An application for a Subdivision/Strata Certificate for each stage must be made on the approved form. The Subdivision/Strata Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application for that stage.

NOTE: The application must address ALL conditions of consent with a clear explanation of how that condition has been complied with, together with supplying ALL the relevant information/documents/certificate and/or plans that is required by that condition.

83) Plan of Subdivision

An Administration Sheet (Original plus one (1) copy) and four (4) copies of the plan of subdivision, in accordance with the approved plans, are to be submitted with the application for a subdivision certificate.

84) Statutory Easement/s

Statutory easements, as necessary, in accordance with section 36 of the Community Land Development Act 1989 must be shown for creation.

85) Management Statements

The management statement and development contract, together with 1 copy, are to be submitted with the application for a subdivision certificate. The management statement must provide for the following:

b) Access Ways

The private and/or open access way widths must be consistent with the minimum reserve widths of table E5.5.4.6 of Part E5 of Development Control Plan 2014. Suitable by-laws must be included for the operation and maintenance of the access ways.

c) Stormwater Management

Suitable by-laws must be included detailing the maintenance requirements of the stormwater management systems, including the open drains along the site frontages for the STP road and Bayshore Drive.

d) Parking and Loading By-laws

By-laws must ensure parking and loading restrictions and rights are consistent with conditions of this consent.

e) Development of Lots

The management statement and development contract must include relevant By-laws and/or requirements to ensure development of the land is carried out in accordance with this development consent.

f) Construction Times

By-laws must be consistent with the construction times approved by this development consent.

86) Completion of Subdivision Works

All subdivision works, required by the development consents 10.2011.162.1 (as amended) and relevant Construction Certificate and Roads Act consent, are to be completed to the satisfaction of the Principal Certifying Authority prior to issue of the subdivision certificate. A final compliance certificate (or letter of practical completion) for the satisfactory completion of the works must be submitted with the subdivision certificate application.

87) Works approved by Construction Certificate 11.2008.360.1.

All of the site filling works approved by construction certificate 11.2008.360.1 are to be completed to the satisfaction of the Principal Certifying Authority prior to issue of the subdivision certificate. A final compliance certificate (or letter of practical completion) for the satisfactory completion of the works must be submitted with the subdivision certificate application.

88) Completion of Building Works

All building works, required by this development consent (as amended) and relevant Construction Certificate, are to be completed to the satisfaction of the Principal Certifying Authority prior to issue of the strata certificate. A final occupation certificate for the relevant building works must be submitted prior to issue of the strata certificate.

89) Certificates for engineering works

The submission of all test certificates, owners manuals, warranties and operating instructions for civil works, mechanical and/or electrical plant, together with a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council’s current “Northern Rivers Local Government Design and Construction Manuals and Specifications” prior to issue of the subdivision certificate.

A separate certificate of compliance must be submitted to the Principal Certifying Authority certifying that all drainage and on-site stormwater detention works have been carried out in accordance with the approved plans prior to issue of the subdivision certificate. Such certificate to be in accordance with section 6.6 of Council’s Comprehensive Guidelines for Stormwater Management.

90) Works-As-Executed Plans

Works-as-executed plans, being both hard copy and electronic format, in accordance with Council’s requirements, certified by a suitably qualified engineer or a registered surveyor, are to be submitted prior to issue of the subdivision certificate.

91) Certificate for services within easements

The submission of a certificate, as necessary, from a registered surveyor certifying that all pipelines, structures, access driveways and/or services are located wholly within the relevant easements prior to issue of the subdivision certificate.

92) Electricity Supply Certificate

Written evidence from an electricity supply authority is to be submitted prior to issue of the subdivision certificate stating that satisfactory arrangements have been made for the provision of underground electricity supply throughout the subdivision.

93) Telephone Supply Certificate

Written evidence from Telstra is to be submitted prior to issue of the subdivision certificate stating that satisfactory arrangements have been made for the provision of underground telephone supply throughout the subdivision.

94) Maintenance Bond

A maintenance bond of 5% (minimum bond amount of $1,000.00) of the value of the public infrastructure works constructed is to be lodged with Council prior to issue of the subdivision certificate. A copy of the contract construction cost of the subdivision works is to be submitted with the bond. The maintenance period is 6 months in accordance with Council’s current Design & Construction Manuals and will commence from the date of issue of the Subdivision Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period.

95) Record of Infrastructure

A record of infrastructure coming into Council ownership, upon registration of the final plan of subdivision, is to be submitted to Council prior to issue of the subdivision certificate. The information is to be submitted in the form of Council’s Standard Form titled “Asset Creation Record”. This form is available from Council’s Local Approvals Section.

96) Compliance with bushfire conditions under Section 100B of Rural Fires Act 1997

Documentary evidence from a suitably qualified professional is to be submitted to the PCA demonstrating that the requirements of the Bushfire Safety Authority have been complied with.

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.

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.

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.

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	51.62 ET
Bulk Water	51.62 ET
Sewer	43.82 ET

NB: Information regarding Development Servicing charges can be found on the Byron Shire Council website (http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64). These charges will enable you to calculate the total contribution charges payable when you are ready to pay them. Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment.

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:

Council has assessed this application under the provisions of the Environmental Planning and Assessment Act 1979. It is the responsibility of applicants for BCA Class 3, 5, 6, 7, 8, 9 and 10a development (generally all commercial, industrial and professional offices) to make themselves aware of 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.

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.

Schedule of Development Contributions

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.

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.

Civil Works:

The civil works shall be designed and constructed in accordance with Council’s Engineering Standard current at the time of submission of Engineering Plans for approval by Council. Approval of Engineering Plans will be current for a period of two years after which time Council may require the alteration to the Engineering Design to comply with standard current at that date.

Plan of Management:

The development is to operate in accordance with the controls and mitigation measures that are identified in the Draft Plan of Management (Ref: 291450 GeoLINK September 2008) for the subject development.

Enclosed public places (smoke-free environment):

The applicant and occupier of the premises are alerted to the requirements of the Smoke-Free Environment Act 2000 and the Smoke-Free Environment Regulation 2000 and the guidelines in the Regulation for determining what is an enclosed public place. Enquiries may be directed to the NSW Department of Health. The legislation may be viewed on: http://www.legislation.nsw.gov.au/maintop/scanact/inforce/NONE/0

Reasons

1 To comply with the provisions of Byron Local Environmental Plan 2014, Byron Development Control Plan 2014 including Chapter E5 – Bayshore Village.

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

3 To ensure adequate access to and from the development.

4 To ensure that appropriate landscaping is provided.

5 To provide funds for the provision of services and facilities as required by the increased population or activity.

6 To protect the environment.

7 To preserve the amenity and traffic safety of the area.

8 To ensure adequacy of services to the development.

9 To ensure public health and safety.

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

11 To ensure compliance with the Roads Act 1993.

12 To ensure access for people with access disabilities.

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