1) BYRON SHIRE COUNCIL
13.6 - Attachment 2
E2016/98558
10.2016.486.1
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:
|
Job No. |
Description |
Prepared by |
Dated: |
|
16006, Shts 1-3 |
Proposed Self Storage Units |
Streamline Drafting & Design |
21/01/16 |
The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.
The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.
2) Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:
(a) that the work must be carried out in accordance with the requirements of the Building Code of Australia ,
(b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.
(2) This clause does not apply:
(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or
(b) to the erection of a temporary building.
(3) In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant construction certificate is made.
3) Erection of signs
(1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.
(2) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:
(a) showing the name, address and telephone number of the principal certifying authority for the work, and
(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and
(c) stating that unauthorised entry to the work site is prohibited.
(3) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
(4) This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.
(5) This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.
(6) This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.
Note: Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).
4) 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
5) 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 (composting toilet) must be obtained from Council prior to issue of a Construction Certificate. 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.
6) Car parking layout, vehicle circulation and access plans required
The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent.
The access, parking and manoeuvring for the site is to comply with the requirements of Council’s DCP 2010, AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street commercial vehicle facilities. Plans are to include, but not be limited to, the following items:
a) site conditions affecting the access;
b) existing and design levels;
c) turning paths for HRV’s;
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”.
7) Landscaping plan required
Additional planting is to be carried out within the riparian area of the waterway adjunct to the storage sheds, providing at least 10 trees for each tree to be removed for the development.
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.
Such plans and specifications must be approved as part of the Construction Certificate.
Note: Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bushfire Protection 2006.
8) Flood Planning Level for new buildings
The flood planning level for this development is 5.15 m A.H.D. The plans and specifications to accompany the construction certificate application are to indicate a minimum habitable floor level that is at or above the flood planning level.
The plans and specifications to accompany the construction certificate application are also to indicate the use of flood compatible materials and services below the flood planning level in accordance with the requirements of Council’s Development Control Plan 2014 – Chapter C2 – Areas Affected by Flood.
9) Site Waste Minimisation and Management Plan
Chapter 1: Part F of Byron Shire Development Control Plan 2010 (DCP 2010) aims to facilitate sustainable waste management in a manner consistent with the principles of Ecologically Sustainable Development. Prior to the issue of a Construction Certificate, a Site Waste Minimisation and Management Plan (SWMMP) must be submitted outlining measures to minimise and manage waste generated during demolition, construction and the ongoing operation and use of the development. The SWMMP must specify the proposed method of recycling or disposal and the waste management service provider.
A template is provided on Council’s website to assist in providing this information www.byron.nsw.gov.au/files/publications/swmmp_-_pro-forma-.doc)
The following conditions are to be complied with prior to commencement of building works
10) Erosion and Sediment measures
Erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. A copy may be downloaded from Council’s web site at http://www.byron.nsw.gov.au/pdfs/stormwater/sediment_erosion.pdf. Particular attention is to be given to the provision of the following sediment and erosion control measures:
a) Temporary driveway from the edge of road to the building site;
b) Temporary downpipes immediately installed after the roof has been erected;
c) Silt fence or sediment barrier.
Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.
Note: Council may impose on-the-spot fines for non-compliance with this condition.
Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).
The following conditions are to be complied with during construction
11) 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.
12) 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.
The following conditions are to be complied with prior to issue of a Final Occupation Certificate
13) 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.
14) Approval to operate composting toilet
Prior to the issue of an Occupation Certifcate, approval to operate the composting toilet is to be obtained.
15) Floor Levels – Certification for Flooding
Prior to the issue of an Occupation Certificate, a certificate from a registered surveyor must be submitted to the Principle Certifying Authority confirming the height of habitable and non-habitable floors. An Occupation Certificate must not be issued unless the floor levels are at or above the relevant flood planning levels.
The following conditions are to be complied with at all times
16) Frequency of Truck Movements
A maximum number of 10 truck movements per week associated with this development. Trucks shall be limited to non articulated trucks with a maximum 4 Heavy Rigid Vehicle (HRV) movements, with the balance of the truck movements limited up to a Medium Rigid Vehicle (MRV).
NB: Medium Rigid Truck (MRV) represents the common service truck having a load capacity of 8 tonne typically having a single rear axle with dual tyres.
Heavy Rigid Vehicle (HRV) represents the maximum dimensions of a single unit truck typically has a load capacity of 12 tonne. This class also includes 4-axle twin steer vehicles with a typical load capacity of 16 tonne.
17) Storage containers must be secure at all times
To ensure the protection of human and environmental health, it is the occupier’s responsibility to ensure that all storage containers are secured and locked at all times.
18) No interference with amenity of neighbourhood
The proposed 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, noise level emanating from the use of the premises must comply with the New South Wales Industrial Noise Policy.
19) Hours of operation
Hours of operation are from 7.00am to 6.00pm Monday to Friday only. No operations to take place on Saturdays, Sundays or Public Holidays.
20) 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.
21) Loading and unloading not to occur on the street
22) Operators must reside on the premises
The operators of the storage premises must be the permanent residents of the dwelling located on the subject allotment.
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.
Principal Certifying Authority:
Work must not commence until the applicant has:
a. appointed a Principal Certifying Authority (if the Council is not the PCA); and
b. 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’.
c. notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.
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.
REASONS for imposition of conditions
· To comply with the provisions of Byron L.E.P. 2014.
· To comply with the provisions of Byron L.E.P. 1988.
· To ensure that the movement of traffic along the public road is not interfered with by activities relating to the development, and/or to comply with traffic regulations.
· To ensure the development is completed in accordance with conditions of consent and approved plans.
· To ensure that appropriate landscaping is provided.
· To preserve the amenity of the area.