1)                                             BYRON SHIRE COUNCIL

                                                                                                                              13.17 - Attachment 2

 

 

10.2015.634.1

CONDITIONS OF CONSENT:

 

Parameters of this Consent

 

1)      Development is to be in accordance with approved plans

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

 

Plan No.

Description

Prepared by

Dated:

DA01 Amendment A

Masterplan Stage 1

Dominic Finlay Jones Architects Pty Ltd

18/09/2015

DA05 Amendment F

Masterplan (Eastern)

Dominic Finlay Jones Architects Pty Ltd

18/09/2015

DA06 Amendment F

Change of Use Plan

Dominic Finlay Jones Architects Pty Ltd

18/09/2015

CD110 Amendment D

Floor Plan

Dominic Finlay Jones Architects Pty Ltd

14.08.2015

DA07 Amendment A

Back of House Layout Plan

Dominic Finlay Jones Architects Pty Ltd

18/09/2015

CD 025 Issue A

Site Plan

Dominic Finlay Jones Architects Pty Ltd

29.04.2015

CD 120 Issue A

Ground Floor

Dominic Finlay Jones Architects Pty Ltd

29.04.2015

CD 200 Issue B

Elevations

Dominic Finlay Jones Architects Pty Ltd

22.03.2016

CD 201 Issue B

Elevations

Dominic Finlay Jones Architects Pty Ltd

22.03.2016

CD 300 Issue A

North-South Section A1

Dominic Finlay Jones Architects Pty Ltd

29.04.2015

160321-14006CP01

Overview Plan

Greg Alderson & Associates

21/03/2015

 

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

 

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

 

2)      Components Not Approved

This consent does not approve:

a)   The change of use of the cheese making facility to bakery;

Reasons:

·    Insufficient information has been submitted with the application to clarify the nature and scale of the proposed use.  In particular, information is lacking regarding the nature and amount of input and output products, proposed methods for transporting and/ or storing those products and the impacts of the activity on the overall scale of the operation.

·    Insufficient information has been submitted to demonstrate that the existing on-site wastewater management system has adequate capacity to treat and dispose of wastewater and/or trade wastes associated with the proposed use.

b)   The additional restaurant seating;

Reason:

·    The additional seating would result in a rural tourism development that is contrary to the provisions of clause 6.8(3) of the Byron Local Environmental Plan 2014, particularly in relation to the scale of the operation.

c)   The picnic areas;

Reason:

·    The picnic areas would add to a rural tourism development that is contrary to the provisions of clause 6.8(3) of the Byron Local Environmental Plan 2014, particularly in relation to the scale of the operation.

d)   The additional car parking

Reason:

·    The additional car parking is contrary to the provisions of clause 6.8(3) of the Byron Local Environmental Plan 2014, particularly in relation to the scale of the operation and its relationship to the rural or environmental attributes of the land and its surrounds.

 

3)      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.

 

4)      Erection of signs

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

 

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

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

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

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

 

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

 

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

 

(5)          This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.

 

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

 

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

 

5)      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 109R of the Act, to comply with the technical provisions of the State’s building laws.

 

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

 

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

In accordance with Clause 94 of Environmental Planning & Assessment Regulation 2000, the existing building proposed to be used as restaurant administration/ back of house is to be brought into compliance with the fire protection and structural provisions of the Building Code of Australia.  Details of all upgrade works are to be included in the application for Construction Certificate.

 

7)      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”.

 

8)      Water and Sewerage - Section 68 approval required

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

 

9)      On-site sewage management facility - Section 68 approval required

An Approval under Section 68 of the Local Government Act 1993 for on-site effluent disposal must be obtained from Council prior to issue of a Construction Certificate for the new dwelling Such approval must be issued after the date of this consent.

 

The application for Section 68 approval must be accompanied by a report prepared by a suitably qualified professional with demonstrated experience in effluent disposal matters, which addresses the site specific design of sewage management in accordance with the requirements of the NSW Local Government Act, and Approvals Regulation and Guidelines approved by the Director General.

 

10)    Trade Waste - Section 68 approval required

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

 

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)    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

 

13)    Consent required for works within the road reserve (New Dwelling)

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

 

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

Driveway (rural & residential areas without kerb & gutter)

 

A driveway off Quarry Lane for the new dwelling, in accordance with Council’s current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

 

14)    Internal Driveway details required (New Dwelling)

The application for a Construction Certificate is to include plans and specification that indicate vehicular access from the site boundary at Quarry Lane to the proposed car space(s) associated with the new dwelling.  Vehicular access must be in accordance with AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking. Plans are to include the following items:

a)      pavement description;

b)      site conditions affecting the access;

c)      existing and design levels;

d)      longitudinal section from the road centreline to the car space(s);

e)      cross sections every 20 metres;

f)       drainage (open drains, pipes, etc.), including calculations and catchment details;

g)      details of the crossing proposed for Simpsons Creek.

 

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

 

Internal vehicular access between the new dwelling to the restaurant/ café facilities is to be restricted.  Pedestrian/ cycle access link can be provided.

 

15)    Long Service Levy to be paid

A Long Service Levy must be paid to the Long Service Payments Corporation.  This is a State Government Levy and is subject to change.

 

These payments may be made online at www.longservice.nsw.gov.au or at Council’s Administration Office, Station Street, Mullumbimby. Where paying to Council, cheques are to be made payable to ‘Byron Shire Council’.

 

For further information regarding the Long Service Payment please refer to the website above.

 

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

 

16)    Erosion & sediment measures

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

 

17)    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.

 

The following conditions are to be complied with during construction

 

18)    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. 

 

19)    Construction Noise

Construction noise is to be limited as follows:

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

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

 

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

 

20)    Prevention of water pollution

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

 

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

 

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

 

21)    New Dwelling

The new dwelling cannot be occupied until the use of the existing dwelling has been changed to the approved restaurant administration/ back of house (or it has otherwise been made uninhabitable).

 

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

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

 

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

 

23)    Access and parking areas to be completed

The access and parking areas are to be constructed in accordance with the approved plans and Roads Act consent.

 

24)    Stormwater disposal

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

a)      Clear of buildings and infrastructure,

b)      Clear of effluent disposal areas,

c)      Not concentrated so as to cause soil erosion,

d)      Not directly to a watercourse, and

e)      Not onto adjoining land.

 

25)    Final Fire Safety Certificate (Form 15)

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

 

The following conditions are to be complied with at all times

 

26)    Dwelling used as Class 1A only

The dwelling must only be used as a Class 1A building, and is not to be used for any tourism or short-term holiday letting purposes at any time.

 

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 intention to commence the erection of the building.

Notice must be given by using the prescribed ‘Form 7’.

 

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.

 

Water payments under the Water Management Act 2000

Charges will be calculated based on the additional water and sewerage load that the proposed development generates, shown in Equivalent Tenements (ET) by the following table:

 

ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT
(ET Policy No:13/005)

Water

0 ET

Bulk Water

3.15 ET

Sewer

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.