1)                                             BYRON SHIRE COUNCIL

                                                                                                                              13.16 - Attachment 2

 

CONDITIONS OF CONSENT:

 

Parameters of this Consent

 

1)      Development is to be in accordance with approved plans

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

 

Plan No.

Description

Prepared by

Dated:

1002-DA31 (Issue E)

Stage 5 Subdivision Plan

Civiltech Consulting Engineers

29.07.16

1002-DA31-2 (Issue B)

Subdivision Plan (proposed Lot 130)

Civiltech Consulting Engineers

02.03.16

1002-OSP2 (Issue B)

Overall Site Plan

Civiltech Consulting Engineers

18.07.16

1002-DA32

(Issue C)

Cut/ Fill Depth Plan

Civiltech Consulting Engineers

27.05.16

 

Biodiversity Conservation Management Plan for Tallowood Ridge Mullumbimby

Wetland Care Australia

December 2011

 

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

 

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

 

2)      Stages of implementation

Construction works are to be completed in the following Stage order:

 

Stage 1 –  Subdivision to create 5 residential allotments, 1 residual allotment and associated infrastructure 

Stage 2 –  Subdivision to create 19 residential allotments, 1 Public Reserve lot, 1 residual allotment and associated infrastructure

 

Stages are only to be completed in the above numerical order (ie. Stage 1 is to occur before Stage 2).

 

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

 

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

 

3)      No tree removal

This development consent does not authorise any native tree to be ringbarked, cut down, lopped, removed or damaged, or caused to be ringbarked, cut down, lopped, removed or damaged in contravention of Byron Development Control Plan 2014 and Development Control Plan 2010 as applicable to the land. 

 

4)      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.

 

5)      Erection of signs

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

6)      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.

 

7)      Compliance with Biodiversity Conservation Management Plan  

All actions required for this Stage of development that are specified in the Implementation timetable in the Biodiversity Conservation Management Plan required by Development Consent 10.2009.314 and as approved by Council on 19/12/2011 are to be undertaken as specified in that Plan.

 

8)      Cultural Heritage

The development is to be undertaken in accordance with the recommendations of the Cultural Heritage Assessment Report dated June 2009 prepared by Everick Heritage Consultants Pty Ltd.

 

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

 

9)      Acid Sulfate Soils Management Plan must be submitted to Council for approval

Acid Sulfate Soils Management Plan must be submitted to Council for approval prior to the issue of a Construction Certificate for subdivision works.  The ASMP must detail measures to be undertaken to management the disturbance of acid sulfate soils during construction works including:

a)    Stormwater Treatment and Detention Basin as shown on Cut / Fill Depth Plan Drawing No. 1002-SK43 (Sheet 3 of 11) prepared by CivilTech Consulting Engineers dated 15/10/13.

Investigations and management of ASS should be in accordance with the Acid Sulfate Soil Manual (ASSMAC, 1998). 

 

10)    Compliance required with Building Over Pipelines Policy

In all new subdivisions and/or developments an easement shall be provided for all pipelines including gravity sewer mains per Clause 3.4 of the Policy 4.20.  Pursuant to Section 88B of the Conveyancing Act, 1919 an Instrument shall be prepared for each lot with creation of easement.

 

The use of displacement and screw pile construction methods will require approval by Council.

 

Any brick / masonry fence crossing a sewer main must be supported over the sewer main will require approval by Council.

 

11)    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.

 

12)    Engineering Construction Plans

Three (3) copies of engineering construction plans and specifications must accompany the construction certificate application demonstrating compliance with Council's standards for the required engineering works. Each set of drawings shall be accompanied by a Certification Report which must be signed by a suitably qualified Civil Engineer or Registered Surveyor. The Certification Report will comprise the certificate and check lists set out in Annexure DQS-A of the Northern Rivers Local Government Development & Design Manuals. The information shown on the drawings shall be logically collected on discrete sheets generally in accordance with Annexure DQS-B and the Sample Drawings of the Northern Rivers Local Government Development & Designs. The drawings are to provide for the following works :

a)      Full Width Road Construction

Full width road and drainage construction for all proposed roads on the approved plan.

b)      Service Conduits

Service conduits to each of the proposed new allotments laid in strict accordance with the service authorities’ requirements.

c)      Street Name Signs

Street name signs and posts to all proposed new roads. (Note: street / road names proposed for the subdivision must be submitted for Council approval prior to lodgement of the Subdivision Certificate application.  A suitable name for any new road/s must be in accordance with Council’s adopted policy).

d)      Stripping and Stockpiling

Stripping and stockpiling of existing topsoil on site, prior to commencement of earthworks, and the subsequent re-spreading of this material together with a sufficient quantity of imported topsoil so as to provide a minimum thickness of 80mm over the allotments and footpaths and public reserves, upon completion of the development works.

e)      Inter-allotment Drainage

Inter-allotment drainage to an approved public drainage system for each of the proposed new allotments where it is not possible to provide a gravity connection of future roofwater to the kerb and gutter.

f)       Stormwater Drainage

Stormwater is to be collected and discharged in accordance with Council’s standards, currently Northern Rivers Local Government Development Design & Construction Manuals. A full and detailed stormwater management plan for the site must be provided for Council's records at the time of lodging detailed engineering plans for construction certificate approval. The drawings and management plan shall be accompanied by a Design Submission Checklist as set out in APPENDIX C  of the Northern Rivers Local Government Handbook of Stormwater Drainage Design, which must be signed by a suitably qualified Civil Engineer or Registered Surveyor. The drawings and management plan are to include, but not be limited to, the following items:

a)      Catchment plan (included in the drawing set);

b)      Hydrological and hydraulic calculations based on the methods outlined in the Queensland Urban Design Manual (QUDM) and Australian Rainfall & Runoff (AR&R) 1987. A summary of the calculations must be included on the drawings consistent with the Sample Drawings of the Northern Rivers Local Government Development & Design Manuals.

c)      Stormwater detention/retention, designed so that the peak flow from the proposed development for the 5, 10, 20, 50 and 100 year ARI events, for durations from 5 minutes to 3 hours, does not exceed the existing peak flow from the site i.e. post-development flows must not exceed pre-development flows.

d)      Stormwater management structures/facilities that have minimum impact on Council’s maintenance program. All maintenance activities must be specified in a maintenance plan (and associated maintenance inspection forms) to be developed as part of the design procedure and included in the stormwater management plan.

e)      Stormwater Outlets

An energy dissipating pit with a suitably installed locked grated outlet to all pipes or any other drainage structures. Grates must be of galvanised weldlock construction.

g)      Access to Stormwater Structures

Satisfactory access to all drainage discharge points and filter controls for maintenance purposes.

 

13)    Erosion and Sedimentation Control Plan

The plans and specifications to accompany the construction certificate application are to include a sediment and erosion control plan to indicate the measures to be employed to control erosion and loss of sediment from the site. The sediment and erosion control plan is to be designed in accordance with the requirements of the NSW Department of Housing Manual (1989), Managing Urban Stormwater, Soils and Construction.

 

A suitably experienced person must prepare the sediment and erosion control plan. Suitably experienced people include those certified by:

 

·    The Institution of Engineers, Australia, for engineering and hydrology matters.

·    The International Erosion Control Association for soil conservation matters.

·    The Australian Society of Soil Science for collection or analysis of soil data.

 

The plan must incorporate (without being limited to) information on general site management, material handling practices, soil stabilisation, water control, sediment control, wind erosion control and access measures.

 

14)    Traffic Control Plan

The plans and specifications to accompany the construction certificate application are to include a traffic control plan to indicate the measures to be employed to control traffic during construction of the subdivision. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual (1998), Traffic Control at Work Sites, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

 

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

 

15)    Earthworks Report & Level 1 Supervision and Certification required (Stages5)

A certificate from a professional Engineer experienced in soil mechanics is to be provided to the Principal Certifying Authority, certifying that:

a)      the placement and compaction of the bulk earthworks has been carried out under Level Supervision and Certification in accordance and compliance with the current Australian Standards AS 3798.

16)    Revise Biodiversity Conservation Management Plan (BCMP)

The Biodiversity Conservation Management Plan for Tallowood Ridge Mullumbimby by Wetland Care Australia dated December 2011 must be revised to:

·    Accord with revised Concept Plans approved under DA 10.2009.314.10, particularly Plan 4.3B Rehabilitation Plan, revised Jan 2016.

·    Amend the riparian planting schedule to include Tallowwood (Eucalyptus microcorys) and Swamp Mahogany (Eucalyptus robusta) and to specify the addition of regular plantings of either or both of these species at no greater distance then 20m apart along both outside edges of the riparian rehabilitation area to facilitate Koala passage from the southern ridge to the Brunswick River.

 

17)    Landscaping Plan required (Stages 5A & 5B)

The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of Stage 5 in respect to:

·       Exhibit 2.4 Subdivision Landscape Plan Version C September 2010.

·       Street trees within the proposed road reserves and landscaping within the proposed ‘shelter belt’.

·       The Retaining Wall/s south of Road 2. Substantial established trees and plantings are to be placed at the top and bottom of the walls and at the terraced platform.

·       The plan must include details for the management of native vegetation and weed species within and immediately adjoining Stage 5 and adequate plantings within the ‘shelter belt’ to alleviate adverse impacts from vehicle headlights on existing dwellings within adjoining properties upon the planting reaching maturity. 

·       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.

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

         The plans are to be prepared by a landscape designer, landscape architect or ecologist who has appropriate experience and competence in landscaping.

         Such plans and specifications must be prepared to the satisfaction of Council and be approved as part of the Construction Certificate.

 

18)    Water Management Act 2000

If a controlled activity approval under the Water Management Act 2000 is required to be obtained for the proposed works within and adjacent to existing watercourses it must be obtained and a copy of the approval submitted to the Principal Certifying Authority prior to issue of the Construction Certificate.

 

19)    Fisheries Management Act 1994

If an activity approval under the Fisheries Management Act 1994 is required to be obtained for the proposed works within and adjacent to existing watercourses it must be obtained and a copy of the approval must be submitted to the Principal Certifying Authority prior to issue of the Construction Certificate.

 

20)    Certification of fill to be provided to Council

Copy of documentation certifying that fill contained on the subject site is from a source that is clean and uncontaminated must be provided to Council prior to the issue of construction certificate for subdivision works.

 

21)    Metered Stand Pipe required

Prior to the commencement of any civil works requiring water from Council water main, a metered Stand Pipe for temporary water supply must be supplied and installed by Council.  Contact Council’s Water and Recycling Department to arrange for this requirement on 02 6626 7081.

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

 

22)    Sewerage and Water Mains

An approval is to be obtained under Section 68 of the Local Government Act 1993 to carry out water supply and sewerage works.

 

Sewerage and water mains are to be extended to service all residential allotments in the subdivision.  All Council gravity sewerage mains are to be a minimum 150 mm diameter and water mains are a minimum 100mm diameter.

 

Water supply and sewerage works are to comply with Council's latest Standards and Policies including but not limited to:

·   Development Design and Construction Manuals, Northern Rivers Local Government, 2009;

·   Development Servicing Plan for Water Supply Services, Byron Shire Council, 2011;

·   Development Servicing Plan for Sewerage Services, Byron Shire Council, 2011;

·   Fire Flow Design Guidelines, Water Directorate, 2011;

·   Water and Sewer Equivalent Tenement Policy (13/005), Byron Shire Council, 2013;

·   Pressure Sewerage Policy (12/014), Byron Shire Council, 2012.

·   Private Sewer Pump Station Policy (12/015), Byron Shire Council, 2012.

 

23)    Site Waste Minimisation and Management Plan

Chapter B8 of Byron Shire Development Control Plan 2014 (DCP 2014) aims to facilitate sustainable waste management in a manner consistent with the principles of Ecologically Sustainable Development. Prior to the issue of a Construction Certificate, a Site Waste Minimisation and Management Plan (SWMMP) must be submitted outlining measures to minimise and manage waste generated during demolition, construction and the ongoing operation 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/publication/swmmp - pro-forma-.doc

 

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

 

24)    Reinstatement of riparian restoration zone

The fill located within proposed Lot 130 (5120m2), which is to be dedicated to Council as Community Land for riparian zone planting, must be removed prior to commencement of construction.

 

25)    Acid sulfate soils management

All treatment and storage facilities associated with the approved Acid Sulfate Soils Management Plan must be in place prior the commencement of subdivision works

 

26)    Written Notification

Written notification of intention to commence works must be forwarded to the Council seven (7) days prior to work commencing. Notification is to include contact details of the supervising engineer and site contractor.

 

27)    Public Liability Insurance

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

 

28)    Erosion and sediment measures

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

 

Additionally the enclosed sign, to promote the awareness of the importance of maintenance of sediment and erosion controls, is to be clearly displayed on the most prominent sediment fence or erosion control device for the duration of the project.  No soil or fill material is to be placed within the dripline of a tree so as to cause changes in surface level by more than 50mm from the existing level and such soil is not to be compacted. Such soil fill must not be finer than that being covered in situ, e.g. clay must not be placed over loam soil.

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

 

29)    Geotechnical Supervision & Certification – Controlled Filling (Stage 5)

All site filling is to be carried out, supervised and certified  as Controlled Fill in accordance with the requirements of the current Australian Standards AS 3798.

 

30)    No filling around trees

No soil or fill material is to be placed within the dripline of a tree so as to cause changes in surface level by more than 50mm from the existing level and such soil is not to be compacted. Such soil fill must not be finer than that being covered in situ, e.g. clay must not be placed over loam soil.

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

 

The following conditions are to be complied with during construction

 

31)    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. 

 

32)    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).

 

33)    Placement of services near trees

All care is to be taken to manually excavate around or under any lateral structural support roots of any tree so as minimum root disturbance where services are to be laid within the dripline of a tree.

 

34)    Public safety requirements

All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. Council is not held responsible for any negligence caused by the undertaking of the works.

 

35)    Council Specification

All works to be constructed to at least the minimum requirements of the “Northern Rivers Local Government Design and Construction Manual”

 

36)    Approved Plans to remain on site

A copy of the approved Construction Certificate including plans, details and specifications must remain at the site at all times during the construction of the subdivision.

 

37)    Protection of Native Trees

Native trees nominated to be retained by notation or condition as a requirement of development consent shall be maintained and protected during demolition, excavation and construction on the site in accordance with AS 4970-2009 – Protection of Trees on Development Sites.

 

38)    Protection of koalas from disturbance

(i)     Earthworks as part of any development consent from Council must be temporarily suspended within a range of 25m from any tree which is concurrently occupied by a koala and must not resume until the koala has moved from the tree of its own volition.

(ii)     Any clearing of land must not commence until the area proposed for clearing has been inspected for the presence of koalas and approval given in writing by a suitably qualified individual.

 

39)    Biodiversity Conservation Management Plan (BCMP)

All actions specified in the Biodiversity Conservation Management Plan as called up by Condition 1 of this consent that are required to be undertaken in the “construction phase” are to be undertaken. Specifically this includes revegetation of identified areas, including proposed Lot 130, and initial and follow-up weed control, including Management Zone 10, which is immediately south of Stage 5. Such weed control work must be undertaken by qualified and experienced Bush Regenerators using best practice manual and chemical control techniques as Management Zone 10 is not suited to mechanical removal.

40)    Earthworks or placement of services near trees

All care is to be taken to avoid any earthworks or placement of any services within the structural root zones of native trees >3m in height. If unavoidable, manual excavation is required around or under any lateral structural support roots of any native tree, so as to minimise root disturbance where services are to be laid within the dripline of a tree.

41)    No filling around trees

No soil or fill material is to be placed within the dripline of any native tree so as to cause changes in surface level by more than 50mm from the existing level and such soil is not to be compacted. Such soil/fill must not be finer than that being covered in situ, e.g. clay must not be placed over loam soil.

42)    Acid sulfate soils management

All soil disturbance and excavation works must be carried out in accordance with the approved Acid Sulfate Soils and Water Management Plan.

 

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

 

43)    Subdivision Certificate application required

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

 

NOTE: The application must address ALL those conditions of consent required to be complied with “Prior to the issue of a subdivision Certificate” with a clear explanation 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.

 

The application MUST be one complete, concise package, addressing all those conditions. Failure to provide the abovementioned information in one package, will likely result in the application being refused/rejected and returned to you.

 

44)    Construction of sports field (10.2015.151) and registration of Lots in Stage 4A (10.2015.79)

A subdivision certificate for any lot approved in this consent must not be issued until:

(a)       Stage 2 of Development Consent 10.2009.151 (as modified) Sports Fields (as applicable) has been completed, and

(b)       All lots approved in Stage 4A Development Consent 10.2015.79 have been registered with the NSW land titles office. 

 

45)    Plan of Subdivision

The final plan of subdivision must be in accordance with the approved plan/s. A Deposited Plan Administration Sheet (original plus one (1) copy), two (2) copies of the plan of subdivision and any necessary section 88B instrument (original plus one (1) copy) are to be submitted with the application for a subdivision certificate. An additional copy of the final plan of subdivision is to be submitted showing the location of all buildings and/or other permanent improvements including any fences, internal access driveways/roads, effluent disposal areas and where relevant, the 1 in 100 year flood and flood planning level extents on land within or adjacent to a flood planning area. Where the building/s or improvements are close to boundaries, offset distances are to be included on the additional copy of the plan.  This plan must be endorsed by a Registered Surveyor.  Any encroachments must be removed or relocated wholly within the allotment.  

 

46)    Developer Contributions to be paid

Contributions set out in the schedule below are to be paid to Council prior to the release of a subdivision certificate.  Contributions are levied in accordance with the Byron Shire Developer Contributions Plan 2012 (as amended).  The Plan may be viewed on line at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby.  These contributions are to fund public amenities and services as listed in the schedule.  Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended). 

 

The contributions as set out in the schedule may either be paid in full or they may be paid in stages on a proportional basis dependent on the number of lots to be released in the subdivision certificate. 

 

The contributions in the schedule are current at the date of this consent.  The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.  The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule. 

 

Note: The local open space and recreation contributions has been reduced to zero due to land previously dedicated in DA 10.2009.314.10 and the works and land dedication specified in DA 10.2009.151.4. 

 

47)    Section 88B Instrument

A Section 88B Instrument and one (1) copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for:

 

a)      Dedicated Public Road Access

Dedication of suitable public road accesses to all proposed allotments.

b)      Dedicated Public Reserve

Dedication of the proposed Lot as public reserve.

c)      Dedicated Corner Splays

Dedication of 7.5m corner splays at all street junctions and intersections.

d)      Dwelling Envelope

Restrictions to limit the erection of dwellings to the nominated dwelling envelope.

e)      Inter-allotment Drainage Easements  

The creation of easements for drainage of water, with a minimum width of 1.5 metres, over all inter-allotment drainage pipelines and structures located within the proposed allotments.

f)       Drainage Easements

The creation of easements for drainage of water over all drainage pipelines and structures located within the proposed allotments in accordance with Council’s policy.

g)      Sewer Easements

The creation of easements for drainage of sewage over all sewage pipelines and structures located within the proposed allotments in accordance with Council’s policy.

h)      Sewer Easements

The creation of easements for drainage of sewage over all sewage pipelines and structures located within the proposed allotments in accordance with Council’s policy.

i)       Easement for Electricity

The creation of any necessary easements for electricity purposes as required by the electricity supply authority.

j)       Dogs to be kept within fenced yard

The creation of a positive covenant that permits the keeping of dogs on the land provided the animals are contained within a fenced yard.

 

48)    Completion of all works

All roads, drainage and civil works, required by this development consent and Construction Certificate, are to be completed.

 

49)    Erection of Street Signs

The subdivider is to supply and erect street signs for the approved street names in accordance with this development consent and the Construction Certificate approval.

 

50)    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”.

Following completion of works and prior to issue of the subdivision certificate, Work-as-Executed Drawings, together with a Work-As-Executed Certification Report, in accordance with Council’s requirements are to be submitted to Council. Two categories of Work-as-Executed Drawings are to be submitted to Council, being

Amended Design Work-as-Executed Drawings and Summary Work-as-Executed Drawings.

 

51)    Amended Design Work-as-Executed Drawings, being certified copies of all approved design plans with as constructed departures, deletions and additions clearly noted and detailed on the plans, are to be submitted to Council in the following formats:-

(a)     One (1) paper copy at the same scale and format as the approved design plans, but, marked appropriately for as constructed information and with original signatures; and

(b)     An electronic copy of above in PDF format and provided to Council on CD, DVD or via email.

 

52)    Summary Work-as-Executed Drawings are to be prepared on a background plan of lot layout and kerb lines with a set of separate plans for stormwater drainage, sewerage, water supply and site works. The site works drawing/s shall include the 1 in 100 year flood and flood planning level extents and levels, where relevant. Such drawings are to be submitted to Council in the following formats:-

(a)     One (1) paper copy of each drawing with original signatures and in accordance with Council’s requirements.

(b)     Electronic copy of the above in AutoCAD DWG or DXF format and provided to Council on CD, DVD or via email. The AutoCAD (DWG or DXF) files are to be spatially referenced to MGA Zone 56.

(c)     Electronic copy of above in PDF format and provided to Council on CD, DVD or via email.

 

Note: Council’s requirements are detailed in Council’s adopted engineering specifications, currently the Northern Rivers Local Government Development Design and Construction Manuals, and on Council’s website.

 

53)    CCTV Inspection and Report

CCTV inspection shall be undertaken on all completed underground pipe systems, including minor sewer main extensions, in accordance with Council’s specification, currently DEVELOPMENT CONSTRUCTION SPECIFICATION, C402 - SEWERAGE SYSTEM (http://www.lismore.nsw.gov.au/cp_themes/default/page.asp?p=DOC-IMY-18-62-12). Both a hardcopy and electronic copy of the report (submitted in CD or DVD medium in a format suitable to Council) of the CCTV inspection shall be provided to Council for consideration prior to the release of the Subdivision Certificate, Occupation Certificate, Final Inspection for Section 68 Approvals, "Off-maintenance" or Release of Security Bond.

 

54)    Certificate for services within easements

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

 

55)    Electricity Supply Certificate

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

 

56)    Telephone Supply Certificate

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

 

57)    Geotechnical Report (Lot Classification)

A certificate from a practicing Geotechnical Engineer must be provided in conjunction with a Lot Classification Report prepared in accordance with Australian Standard AS2870.1. Such certificate must certify that all vacant allotments have a building site of adequate size and shape on each lot that is not subject to slip or subsidence.

 

58)    Maintenance Bond

A maintenance bond of 5% (minimum bond amount of $1,000.00) of the value of the works constructed is to be lodged with Council.  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.

 

59)    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.  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.

 

60)    Water service and meter to be connected to each lot

A water service and water meter must be connected to all residential allotments in the subdivision. 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.

 

61)    Integrated Development Approval – Bush fire mitigation works

In accordance with Section 100B of the Rural Fires Act 1997 a Bush Fire Safety Authority has been issued by NSW Rural Fire Service subject to the conditions in the ‘General Terms of Integrated Development Approval’. Written certification is to be provided to Council from a suitably qualified bush fire consultant to confirm that all works in accordance with the conditions of the Section 100B approval have been completed. 

 

62)    Compliance with revised Biodiversity Conservation Management Plan 

All actions required for Stages 1, 2, 3, 4 and 5 that are specified in the revised and approved Biodiversity Conservation Management Plan required by Development Consent 10.2009.314 are to be undertaken as specified in that Plan.

63)    Habitat Compensation works to be substantially completed

Plantings and/or restoration works required within Lot 130 (area 5120m2) are to be substantially completed in accordance with the Biodiversity Conservation Management Plan for the site prior to the issue of the subdivision certificate for Stage 5B.

 

64)    Landscape and restoration works to be substantially completed

Plantings and/or restoration works (including the planting of a ‘shelter belt’, street trees and the Stage 5 Riparian Plantings and Restoration area),  required are to be substantially implemented in accordance with the requirements of any approved Landscape Plan and/or Biodiversity Conservation Management Plan prior to issue of the subdivision certificate for the development.

65)    Acid sulfate soils

The works engineer must certify to the Principal Certifying Authority that all works have been carried out in accordance with the approved Acid Sulfate Soils Management Plan.  Documentary evidence must be provided confirming the destination of all Acid Sulfate soils removed from the site.

 

NSW Rural Fire Service – General Terms of Integrated Development Approval

 

This response is to be deemed a bush fire safety authority as required under Section 100B of the 'Rural Fires Act 1997' and is issued subject to the following numbered conditions:

 

1.       The development proposal is to comply with the subdivision layout identified on the drawing prepared by CivilTech Consulting Engineers titled 'Stage 5 Subdivision Plan' (ref: Dwg No. 1002-DA31 - Issue E), dated 29 July 2016, except as modified by the following conditions.

 

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 subdivision certificate and in perpetuity, each of the residential lots 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'.

 

3.         At the relevant stage of subdivision, a restriction to the land use pursuant to section 88B of the 'Conveyancing Act 1919' shall be placed on the residue lot requiring the provision of asset protection zones (APZ) as indicated below.

The APZ shall be managed 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'.

Stage 5A:

·    12 metres to the north of Lot 104; and

·    12 metres to the west of Lots 104 to 108 and to the south of Lot 108.

Stage 5B:

·    12 metres to the north of Lots 116 to 120;

·    10 metres to the north-west of Lot 120

·    33 metres to the west of Lots 125 to 127; and

·    21 metres to the south-west of Lot 125

Any restriction to land use for the purpose of an asset protection zone over the residue lot during staged release of the subdivision may be extinguished upon commencement of development of a subsequent stage over the affected areas.

 

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:

 

4.         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 public roads is to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area. To achieve this, the following conditions shall apply:

 

5.         Public road access shall comply with section 4.1.3 (1) of 'Planning for Bush Fire Protection 2006'.

 

General Advice – consent authority to note

Any future development application lodged within this subdivision under section 79BA of the 'Environmental Planning & Assessment Act 1979' will be subject to requirements as set out in 'Planning for Bush Fire Protection 2006'.

 

Notes

 

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.

 

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

24.0 ET

Sewer

24.0 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.

 

Schedule of Development Contributions

The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The current contribution rates are available from Council offices during office hours. Payments will only be accepted by cash or bank cheque.

 

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.

 

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.