Attachments of Ordinary Meeting

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.6 - Attachment 2

Children’s Services Sector Analysis Report

1. INTRODUCTION

1.1 Background

Byron Shire Council has undertaken a study into key areas of Children’s Services in the Byron Shire, including Early Childhood Education and Care (ECEC) and Out of School Hours Care (OSHC). In the Byron Shire, ECEC is provided through Long Day Care, Preschool and Family Day Care while a range of other services and individuals provide additional types of support to children.

Prior to this study, both residents and service providers had highlighted that access to flexible and affordable ECEC is a key issue for local families. Accessing quality ECEC has a significant impact on developmental outcomes for children, workforce participation for parents and carers, and long term social and economic wellbeing outcomes for individuals, families and communities.

The experiences highlighted in the Byron Shire are part of a broader national issue, with similarities echoing in varied settings throughout Australia.

1.2 Purpose

The study is intended to review the Shire-wide ECEC landscape for children under school age and the OSHC landscape for children of primary school age. It will inform Council’s planning and service delivery, and will also inform the development of Council’s new Children’s Services policy.

Additionally, the study can be used as a tool for local services and providers to assist in planning for the current and future ECEC and OSHC needs of our community.

Ultimately, it is hoped that the understanding generated through this study will contribute to Council and community working together to create change that increases community wellbeing.

1.3 Methods

The following methods were undertaken within the study:

· Review of Byron Shire council plans and policies

· Analysis of demographic data for Byron Shire

· Analysis of state and federal ECEC and OSHC frameworks

· ECEC and OSHC provider survey

· Parents and Carers survey

· Internal consultation with Byron Shire Council Children’s Services staff

2. BYRON SHIRE COUNCIL AND EARLY CHILDHOOD EDUCATION AND CARE

2.1 Why is Early Childhood Education and Care important?

ECEC can bring significant and wide-ranging benefits for children, parents and society more broadly. The development that occurs between the ages of 0-5 is critical in predicting long term health, education, employment and overall wellbeing outcomes for both adults and communities. 90% of brain development happens in the first five years of life and high quality ECEC plays a vital role in development during this time, particularly for children who are vulnerable or at risk^{^[1]}.

Research recognises that early childhood education and care brings a wide range of benefits, for example, better child wellbeing and learning outcomes as a foundation for lifelong learning; more equitable child outcomes and the reduction of poverty; increased intergenerational social mobility; more female labour market participation; increased fertility rates; and better social and economic developments for the society at large. ^{^[2]}

While the benefits to individual children from participating in quality ECEC are commonly acknowledged, the broader flow on effects in relation to society are less commonly emphasised. Access to ECEC enables parental workforce participation, particularly for women, thereby contributing to employment, productivity and gender equality outcomes at a broader societal level^{^[3]}. This is similarly true for other types of education and care for children that enable workforce participation, such as OSHC.

2.2 The Role of Local Government in ECEC

Clear evidence highlighting the value of quality ECEC underpins a strong case for Byron Shire Council to be proactive in supporting accessible, quality services that meet the needs of our community.

The Local Government Act (1993) Section 8 (1) outlines that council’s charter requires it “to promote and to provide and plan for the needs of children”. In terms of ECEC, local government’s role falls into two broad categories:

i. Planning and regulatory requirements as they apply to facilities for children’s services

ii. Provision of children’s services, such as

- Subsidised or free access to buildings for services (casual or permanent basis)

- Direct provision of children’s services

- Ownership of facilities or direct provision of services that enable equitable and inclusive access to ECEC, particularly for members of the community that experience disadvantage.

As community needs vary, so too do Councils’ approaches to Children’s Services. Nonetheless, it is consistently acknowledged that local government is well placed to respond to current and future ECEC needs through its functions in both planning and service provision. Participation in service provision has benefits including:

- service quality is the highest of all provider types

- cost competition can contribute to keeping local costs lower

- policy-driven intervention in instances of market failure can enable more effective responses for children with additional needs and low income, disadvantaged or vulnerable families within communities.

Local Government NSW has outlined an approach to Children’s Services^{^[4]} that endorses a vision for the future which acknowledges that:

• children's best interests are the primary consideration in the provision of services

• children have the right to care and education for individual development and participation in society

• high quality children's services and education are investments that develop and enhance the social, spiritual and economic wellbeing of the entire community

• community participation in decisions about services for families and children is essential for the development of responsive services that meet local needs

• There is conclusive empirical evidence that spending and investment in early childhood is an extremely effective early intervention measure and provides far greater social and economic outcomes than community safety and wellbeing interventions in later stages of life.

Local Government NSW supports:

• Children's Services that provide for the unique needs and abilities of all individuals, enhancing, supporting and embracing the diversity of the community

• accessible services to meet the diversity of needs throughout NSW

• a co-ordinated and integrated approach to the needs of families and children

• high quality children's and family services

• leadership from Councils in identifying families’ and children's needs and coordination of community and government responses to those needs

• strong and effective linkages between the range of children's and family services and between all levels of government, the community and the private sector

• a comprehensive range of centre-based and home-based services for children under school age and primary school children

• professional development and support for children’s and family services staff

• responsive and inclusive services that address the needs of families with adults or children with a disability, families from diverse cultural and linguistic backgrounds, indigenous families and rural and remote families

• community involvement in service planning and provision.

Additionally, local government has a key role in relation to planning and delivering a range of community assets that support child development, such as physical infrastructure (libraries, parks, etc.), social capital and transport infrastructure. In the situation where surplus income may be generated from Council’s Children’s Services, this can be reinvested into service delivery and infrastructure.

2.3 Byron Shire Council’s role in ECEC and OSHC

Council has contributed to the local community through planning for, enabling and delivering ECEC and OSHC services in the Byron Shire. Specifically, Byron Shire Council has committed to ensuring the availability of a diverse range of responsive, quality Children’s Services to the community by provision of land, buildings and office space, employment of staff, auspicing of government funds and participating in management of individual services.

As detailed in the existing Byron Shire Council Children’s Services Policy (2005), Council’s goals have included:

· strengthening , supporting and promoting the provision of affordable quality childcare

· ensuring continued accessibility of Children’s Services to all potential users, including children with additional needs, low income families, families from diverse cultural backgrounds and Aboriginal and Torres Strait Islander families

· ensuring continuous quality improvement of council provided childcare services

· identifying options open to Council for future development of additional Children’s Services

· continuing to extend support to families.

Direct Delivery

Currently, Council delivers ECEC through the Sandhills Early Childhood Centre. The Centre has been assessed as exceeding the National Quality Standards and has 55 licensed places. This enables over a hundred children annually to access high quality education and care that will contribute to lifelong benefits for those children and their communities.

Council also delivers OSHC programs in Byron Bay, Mullumbimby and Brunswick Heads, all of which have been assessed as meeting National Quality Standards. In addition to the individual benefits for children, these services enable significant numbers of local parents and families to participate in work and other relevant commitments during school terms and holiday periods.

Direct Support

In addition to direct service provision, Council supports 10 further ECEC providers within the Shire through the provision of land, buildings, sector support and funding. This enables 263 additional licensed places to be provided to the local community and over 500 individual children to access education and care.

3. EXTERNAL FORCES INFLUENCING ECEC

3.1 The National Quality Framework

The Australian Government is working to establish a national system of integrated early learning and care. The National Quality Framework (NQF) was the result of an agreement between all Australian governments to work together to provide better educational and developmental outcomes for children. The NQF introduced a new quality standard in 2012 to improve education and care across Long Day Care, Family Day Care, preschool/kindergarten, and Outside School Hours Care^{^[5]}.

The NQF includes:

· The National Law and National Regulations

· The National Quality Standard

· An assessment and quality rating process

· National learning frameworks

The major benefits for families and children include:

· Improved educator to child ratios, ensuring children have greater individual care

· Educators with increased skills and qualifications

· Better support for children’s learning and development through consistent, transparent information on educators, providers and services in national registers

3.2 Universal Access

All levels of government have agreed to support Universal Access to quality Early Childhood Education (ECE) programs for all children in the year before full time school. Universal access specifies 600 hours per year delivered by a degree qualified early childhood teacher who meets the National Quality Framework requirements. It also focuses on participation by vulnerable and disadvantaged children. Recent agreement specifies support for preschool programs in all settings including state government-run preschools and preschool programs within a Long Day Care setting.

Universal Access targets include:

· 95% of ECE programs delivered by a degree qualified early childhood teacher who meets the NQF requirements

· 95% of children, including Indigenous, rural, vulnerable and disadvantaged children, enrolled in the year before full time school in an ECE program available for 600 hours per year and

· A 90% attendance rate for children enrolled in an ECE program

Universal access aligns with the Closing the Gap initiative which has also led to the establishment of Indigenous Children and Family Centres across Australia.

3.3 Jobs for Families Child Care Package

The Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Bill has not been passed and full implementation of the Package is anticipated in July 2018. The Package is intended to make the child care system simpler, more flexible, more accessible, more affordable and targeted to those with the greatest need for support. The Jobs for Families Child Care package includes funding for:

· Child Care Subsidy - to replace the Child Care Benefit (CCB) and Child Care Rebate (CCR) with a single means-tested subsidy

· Child Care Safety Net - aiming to support vulnerable children, while supporting parents into work. The Child Care Safety net has three components:

o Additional Child Care Subsidy

o Community Child Care Fund - child care services will be able to apply for funding to:

§ Reduce the barriers in accessing child care, in particular for disadvantaged or vulnerable families and communities

§ Provide sustainability support for child care services experiencing viability issues

§ Provide capital support to increase the supply of child care places in areas of high unmet demand

§ Provide for the integration of child care, maternal and child health, and family support services in a number of indigenous communities experiencing disadvantage

o Inclusion Support Programme – will assist mainstream services to improve their capacity and capability to provide inclusive practices and address barriers to participation for children with additional needs, particularly children with disability. The Inclusion Support Program commenced July 2016.

The Package also includes funding for:

· The National Quality Framework

· Universal Access to Early Childhood Learning

· A new Information Technology System to support the package

· The Nanny Pilot Programme (Interim Home Based Carer Subsidy Pilot Programme) – commenced January 2016.

3.4 Additional Market/External Forces

Priority of Access Guidelines

The Australian Government has guidelines for allocating places in circumstances where there is a waiting list for an ECEC service or when a number of parents are applying for a limited number of vacant places.

· First Priority: a child at risk of serious abuse or neglect

· Second Priority: a child of a single parent who satisfies, or of parents who both satisfy, the work/training/study test under Section 14 of the Family Assistance Act 1999

· Third Priority: any other child.

An ECEC service may require a Priority 3 child to vacate a place to make room for a child with a higher priority. Within these main categories, priority should also be given to the following children:

· children in Aboriginal and Torres Strait Islander families

· children in families which include a person with disability

· children in families which include an individual whose adjusted taxable income does not exceed the lower income threshold of $43,727 for 2015-2016, or who or whose partner is on income support

· children in families from a non-English speaking background

· children in socially isolated families

· children of single parents.

Market Trends

In Byron Shire, the ECEC market includes a mix of service provision models including centre-based care (community-based; not-for-profit (NFP); Council-managed; and for profit) and Family Day Care. Of centre-based care, approximately 75% are either NFP, community-based or Council-run while 25% are for profit models. This varies slightly from the national ratio of 80% to 20%. Employment conditions vary across these models and this has a range of implications for service provision.

4. BYRON SHIRE DATA

4.1 Byron Shire Profile

Byron Shire constitutes 560 square kilometers, including suburbs, townships and localities of Bangalow, Billinudgel, Binna Burra, Booyong (part), Broken Head (part), Brunswick Heads, Byron Bay, Clunes (part), Coopers Shoot, Coorabell, Eureka, Ewingsdale, Federal, Goonengerry, Hayters Hill, Huonbrook, Koonyum Range, Main Arm, McLeods Shoot, Middle Pocket, Montecollum, Mullumbimby, Mullumbimby Creek, Myocum, Nashua, New Brighton, Newrybar (part), Nightcap (part), Ocean Shores, Palmwoods, Possum Creek, Skinners Shoot, South Golden Beach, Suffolk Park, Talofa, The Pocket, Tyagarah, Upper Coopers Creek, Upper Main Arm, Upper Wilsons Creek, Wanganui, Whian Whian (part), Wilsons Creek, Wooyung (part) and Yelgun.

The Shire-wide population at 2016 is approximately 32,400 residents, consisting of 2,300 children aged 0-5 with 1,900 of those children aged 0-4. Projected annual population growth is calculated to average at 0.8% through to 2036, with a total population of 35,250 by 2026 and 37,950 by 2036^{^[6]}. Population increase is forecast to be highly concentrated the 65+ age brackets while increase in the 0-5 group is projected to change only modestly over time.

Household data indicates that couples with young children (defined as aged 15 or under) make up approximately 13% of the population and single parents with young children constitute around 6%. Within the Shire, there is a greater proportion of one parent families when compared to the Australian average (23.7% vs. 15.8%), however this information does not specify child age.

Factors contributing to disadvantage

Byron Shire is relatively disadvantaged in a number of measures, though disadvantage does vary significantly across the area. Pockets of significant disadvantage exist in Byron Bay, Brunswick Heads and the western rural districts^{^[7]}.

The unemployment rate in Byron Shire is persistently higher compared to regional, state and national averages, with recent demographic profiling indicating local unemployment at double the rate of that of the NSW average (11.5% vs 5.7%)^{^[8]}. Further, employment growth is slow and there are consistently high rates of part-time, seasonal and casual work.

A high unemployment rate, low participation rate and high rate of part-time work all contribute to low household and individual income in Byron Shire^{^[9]}. Average income is below that of both Regional NSW and NSW more broadly, with no evidence of incomes increasing over time, and the concentration of work is in the lowest paid industries.

Housing costs, both rent and mortgage, are very high compared to incomes, with housing prices approximately double the Regional NSW average, yet income slightly lower than average. Rates of housing stress are calculated at approximately double the national average.

4.2 Australian Early Development Census profile

The Australian Early Development Census (AEDC) is a nationwide data collection of early childhood development at the time children commence their first year of full-time school. The AEDC highlights what is working well and what needs to be improved or developed to support children and their families by providing evidence to support health, education and community policy and planning.

The AEDC is held every three years, with the 2015 AEDC data collection being the third collection. Data collected covers five key areas of early childhood development referred to as ‘domains’ that have been shown to predict later health and wellbeing outcomes, including:

· Physical health and well being

· Social competence

· Emotional maturity

· Language and cognitive skills

· Communication skills and general knowledge

Emerging trends show an overall decline in rates and numbers of developmental vulnerability in the community over all domains of the Australian Early Development Census during the period 2009-2015^{^[10]}. However, there are key areas where there has been an increase in the rates and numbers of developmentally at risk and vulnerable children during the 2012-2015 period, including:

· Social competence

· Emotional maturity

· Language and cognitive skills

There are geographical pockets where the rates of developmentally vulnerable and at risk children are higher (Mullumbimby) and significantly higher (Myocum, Goonengerry and Wilson’s Creek) than state and national averages.

4.3 ECEC supply in the Byron Shire

18 ECEC services in the Byron Shire were engaged in the process of this study. The regional Family Day Care service, with 21 local providers operating from home environments, was also engaged.

Table 1: Snapshot of ECEC supply in the Byron Shire

Service type	Number of services	Licensed places - full time maximum capacity*	Estimated maximum enrolment capacity**
Long Day Care, including with preschool programs	10	413	688
Preschools	8	220	440
Subtotal	18	633	1128
Family Day Care	1	84	105
TOTAL	19	717	1233

* some providers choose not to operate at maximum capacity to optimise their operations

** maximum enrolment capacity calculated using the following average rates of usage: Long Day Care – 3 days/week; Preschools – 2.5 days/week; Family Day Care – 4 days/week.

Note: OSHC is provided at 8 sites, however place calculations were not able to be determined as full information was not provided.

Children aged 0-2

It must be noted that providers specified only 59 (14%) of the 413 licensed places in Long Day Care were identified for children aged 0-2. A proportion of the identified Family Day Care places are also available for children aged 0-2, however exact numbers could not be identified due to variation in provider preferences and circumstances.

Current places available

At the time of the survey, only 2 centres identified that they had places available and the total number of places available were extremely limited. No places were available at other centres or Family Day Care.

Occasional care

No dedicated occasional care providers are located in the Shire, although limited occasional care is available through Long Day Care providers.

Fees and inclusions

There is a range of fee structures throughout the Shire.

For Long Day Care, including those with a preschool program, options ranged from $80-$110/day for 0-2 year olds and $65-$98 for 2-5 year olds. While some providers include ‘care only’, others provided meals, nappies and incidentals. The out of pocket costs varied significantly depending on eligibility for benefits and rebates.

Preschool fees varied between $20-$46/day with out of pocket costs decreasing significantly depending on benefits and subsidies. Some providers included meals and activities.

OSHC costs varied from $12-$25/session (morning or afternoon session) and $43-$50/day. Inclusions varied according to specification.

Family Day Care has deregulated fees that are not shared between providers and were not available for the purposes of this study.

Other options for care

It must also be noted that many local parents and carers make use of other options for care, such as family members and services negotiated on an individual basis (e.g. nannies).

4.4 ECEC demand in the Byron Shire

Current demand

In a recent survey of parents and carers in the Byron Shire, over two thirds of respondents stated that they had not been able to access the childcare they required to meet the needs of their family.^{^[11]} For the vast majority, this was due to a lack of available places.

While estimates indicate 1233 children being able to access part-time ECEC in the Byron Shire, there are approximately 2300 children aged 0-5 currently living in the area. Actual current demand calculated on a benchmark of 80% participation^{^[12]} on a part-time basis equates to 1840 local children being engaged with ECEC. (Universal access benchmarks of 95% enrolment in the year before schooling have not been included, which further lowers the estimated total current demand.) Therefore the gap between demand and supply is estimated at 607 children or, using the current model of supply indicated above, 357 full-time licensed places spread across the service spectrum.

Waitlists

Based on data from local services providing centre-based care, waitlist times vary from 2 months to indefinite, with an average of 1-2 years. Several providers indicated waitlists of 150 to over 200 children. The waitlist for Family Day Care in the Byron Shire is currently over 200. Of the services that provided care for children aged 0-2, all providers indicated that, due to scarcity, demand for these places was greater than average overall demand.

Service location and type

Demand is focussed in geographical areas including Byron Bay, Bangalow, Mullumbimby, Suffolk Park/Broken Head and Ocean Shores.

Currently, the most common ECEC option for parents and carers in the Byron Shire is Long Day Care. A recent survey indicated that this is followed by care provided by grandparents/family members.^{^[13]} Three quarters of respondents currently accessing care stated that they were satisfied with their arrangements. For those who were not, their preferred options for ECEC are NFP or community-based care in a Long Day Care or Preschool centre setting (56%), followed by Family Day Care (40%).

Projected demand

Based on NSW Planning population projections, growth in the 0-5 age bracket will increase by 90 children by 2026 and a further 120 children by 2036^{^[14]}. If these projections are accurate, then the equivalent ECEC places indicated would be 53 additional places required by 2026 and 70 additional places required by 2036. It must be noted that this is on top of the current demand for an additional 357 places across Long Day Care, Preschool and Family Day Care providers.

Recent survey data highlighted that of families that are planning to have children, ECEC preferences are indicated as Family Day Care and community or NFP Long Day Care, followed by Council-provided and private Long Day Care.^{^[15]}

5. FINDINGS AND DISCUSSION

There is a significant deficit of ECEC places in the Byron Shire

This is apparent from the gap between supply and demand as evidenced by population data and feedback from parents, carers and service providers.

Accessing ECEC for children aged 0-2 is particularly difficult

In all settings, National Quality Standards state that staff ratios for children aged 0-2 are higher than those aged 3-5. Therefore providing ECEC for children aged 3-5 requires less human resourcing investment and can offer greater commercial appeal for providers.

Parents and carers have concerns about waitlists

In addition to the length of waitlists for local services, parents and carers indicated concerns in relation to the fairness of place allocation. This is related, in part, to service policies that aim to prioritise sibling access when allocating available places. Anecdotal evidence indicates that this practice contributes to places being made available to children whose sibling is/has recently attended a centre prior to places being made available to children of working parents.

Preschool options have quality and cost implications

In preschool settings, variations in standards and costs can be highlighted. NSW Education preschools are not subject to National Quality Standards, although none are located in Byron Shire.

Fees and subsidies/rebates differ according to setting (e.g. a preschool program within a Long Day Care setting or dedicated preschool) and therefore costs for families can vary significantly. ‘No Jab No Pay’ legislation and its impact in this area is a substantial point of discussion. The longer term impact of the legislation will emerge over time, however there are current, significant commercial implications for providers and increases in complexity of navigating care options for parents and carers.

Quality is the most important priority for parents and carers

94% of parents and carers stated that high quality care was very important when considering appropriate ECEC. This far outranked considerations of, respectively, the type of care, current vacancies, cost and location of care.

All local ECEC providers, including centre-based Long Day Care, Preschools and the regional Family Day Care organisation, are either meeting or exceeding the National Quality Standards. OSHC providers vary, with some services meeting standards, others working towards them and some still waiting to be assessed. Nationally, the highest quality ratings are achieved by Local Government providers, Independent School providers and NFP community-based services, respectively.

Inability to access ECEC and OSHC has a negative impact on families and particularly on women

Extensive local data demonstrated that lack of access to ECEC and OSHC excludes parents and carers, particularly women, from workforce participation. In addition, difficulties with access challenge individual and family wellbeing. Respondents described their experiences in many ways from ‘upsetting’ and ‘very stressful’ to ‘annoying’ with consequences including ‘family stress’, ‘financial’ disadvantage, ‘significant personal cost’, becoming ‘desperate’ and negatively ‘impacting relationships’.^{^[16]}

Issues in relation to ECEC and OSHC access exist within the broader context of the Byron Shire which has lower than average rates of individual and family income, higher than average rates of unemployment and very high housing stress.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 2

DA 10.2015.795.1

DRAFT CONDITIONS

Consent is granted in accordance with Section 83B of the Environmental Planning and Assessment Act 1979 to staged development application 10.2015.795.1, which sets out:

a) Concept proposal for a subdivision to create 47 residential lots and associated urban infrastructure; and

b) Detailed proposal in Stage 1 for a subdivision to create 40 residential lots, 1 residue lot, public roads and associated urban infrastructure.

PART A – CONCEPT APPROVAL FOR SUBDIVISION

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:

BH15016-DA13

S1 of 1

Concept Plan

Hammond & Associates

27.01.2017

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) Future Development Applications to be consistent with approved plans and documents

While this consent remains in force, the determination of any further Development Application in respect of the site to which the consent applies must be consistent with this consent and the plans and documents referred to in Condition No 1.

PART B – STAGE 1 DEVELOPMENT APPROVAL

Parameters of this Consent

3) 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:

BH15016-DA14

S1 of 1

Development Application Plan

Hammond & Associates

27.01.2017

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.

4) Construction Staging

The subdivision can be constructed in two stages.

5) Integrated Approvals from other Authorities

This development consent includes the following integrated development approvals, subject to the conditions listed under the heading “General Terms of Integrated Development Approval” in this consent:

· Section 138 of the Roads Act 1993;

· a Bush Fire Safety Authority under Section 100B of the Rural Fires Act 1997; and

· a Controlled Activity Approval under Section 91 of the Water Management Act 2000.

6) 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 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).

7) Demolition

All demolition works must be undertaken in accordance with the relevant requirements of Australian Standard AS 2601–1991: The Demolition of Structures published by Standards Australia, and the WorkCover Authority of NSW.

8) Removal of asbestos

Any asbestos wastes associated with removal of the structures are to be disposed of in accordance with the requirements of the Workcover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Council requires 48 hours notice prior to disposal at Council’s waste depot.

CONSTRUCTION STAGE 1

The following conditions will need to be complied with prior to issue of a Construction Certificate for the first stage of subdivision works, being the creation of proposed Lots 1-6

9) Management strategy for non-ASS acidic soils

An Acid Soils Management Plan is to be prepared in accordance with the recommendations of section6.3 Preliminary Acid Sulfate Soil Investigation, Geotech Investigations (Reference HT:jw: G\2292-b, dated 22 October 2015). The plan must be submitted to and approved by Council prior to issue of a Construction Certificate for subdivision works.

10) Construction noise management

A Construction Noise and Vibration Management Plan is to be prepared and submitted to Council for approval prior to issue of a Construction Certificate for subdivision works. The Plan is to be prepared in accordance with the Interim Construction Noise Guidelines (DECC 2009). As a minimum, the Plan must contain:

(a) Limits for noise and vibration at affected residences;

(b) A list of machinery to be used for construction;

(c) Approach distances, "Buffer Zone" for each machine type that will trigger relevant management action for that activity;

(d) Specific management actions that should be taken for relevant activities inside the "Buffer Zone";

(e) Identify the individual responsible for actioning the Management Plan and addressing any complaints; and

(f) Procedures for receiving, managing and resolving complaints.

11) 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) Kerb & Gutter, Road Shoulder Construction

Kerb and gutter, road shoulder and associated drainage construction, footpath formation including any necessary relocation of services across the frontage of the subdivision.

b) Footpath Construction

A 1.2 metre wide concrete footpath for the full frontage of Lots 1-6.

c) Service Conduits

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

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) 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) 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 roof water to the kerb and gutter.

f) Stormwater Quality

Stormwater quality must be suitable for discharge in accordance with Council's standards, currently Chapter 1: Part N - Stormwater Management of Development Control Plan 2010 and Northern Rivers Local Government Development Design & Construction Manuals. The proposed water quality management devices and treatment train must 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 submitted with the construction certificate documentation.

g) Access to Stormwater Structures

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

h) Roads Act Approval

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 above detail where located in the road reserve.

12) 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.

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) No vegetation removal

No native vegetation is to be removed from the site prior to the issue of a Construction Certificate. Any vegetation removal proposed is to be documented as part of the Construction Certificate application, and approved by Council prior to the issue of a Construction Certificate.

16) Landscape Plans

The plans and specifications to accompany the construction certificate application are to include a detailed landscape plan indicating the locations, names, mature heights of shrub and tree species to be planted, the location of grassed and paved areas, and the location of trees/vegetation to be removed. The landscaping plan is to provide for street tree planting within the new roads must be in accordance with Byron Shire Development Control Plan 2014 – Chapter B9 – Landscaping. Such plans and specifications must be approved as part of the Construction Certificate.

The landscape plan shall provide for the replacement of any native trees that are required to be removed for the provision of interallotment drainage. The replacement trees are to be planted along the rear boundary of the lots.

The following conditions will need to be complied with prior to commencement of subdivision works for the first stage of subdivision works, being the creation of proposed Lots 1-6

17) 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.

18) 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.

19) 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 drip line 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.

20) 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.

21) Pre-Start Meeting

Prior to any works commencing, a Pre-Commencement Meeting is required on site, with the Certifying Engineer, Contractor, Principal and any other representatives of specialist disciplines as required by Council. Please contact Council to arrange a mutually convenient time.

The following conditions must be complied with during construction of subdivision works for the first stage of subdivision works, being the creation of proposed Lots 1-6

22) Protection of Native Trees

All trees nominated to be retained by notation or condition as a requirement of the 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.

23) 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.

24) 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).

Nearby residents and sensitive receivers are to be notified and consulted of noisy construction activities, after-hours work, and other activities that may result in noise complaints. Those potentially affected by noise are to be provided with information about the nature and timing of the works, including the timing of noise-intensive activities. The information provided to the community is to include a telephone contact number and procedure for the lodging of noise complaints.

Stationary plant and equipment known to emit noise strongly in one direction is to be oriented so that the noise is directed away from noise-sensitive areas, where possible.

Works are to be staged to avoid noisy plant working at the same time close together, and adjacent to sensitive receivers.

Noise emissions of all plant to be utilised are to be reviewed as part of the establishment process.

Plant and equipment that are used intermittently, such as scrapers, dump trucks, cranes, rollers, bulldozers, excavators, bobcats, mulchers etc. are to be shut down when not operated for extended periods.

Trucks shall not queue up outside residential properties. No trucks are permitted to arrive on site or be permitted to queue prior to the 7.00 am start time, unless required by road safety considerations.

All trucks used for the works are to be maintained in good working order. Subject to safety requirements, trucks are not to use exhaust brakes on site.

Out of hours construction works shall only be undertaken with the written concurrence of Byron Shire Council.

Plant and equipment are to be maintained and serviced in accordance with the manufacturers' specifications to minimise noise and emissions. All plant and equipment are to be regularly checked and inspected.

25) Air Quality Controls during Construction

Water sprays and/or water carts are to be used as required for dampening stockpiles, cleared areas and other exposed surfaces to control dust generation. This form of dust suppression is to be targeted to protect sensitive receivers.

No burning or incineration of any wastes is permitted at any time.

Disturbed areas are to be stabilised as soon as practicable after completion of construction works.

Silt accumulated in erosion control devices (e.g. silt fences) are to be inspected and maintained daily.

A 40 kilometres per hour construction speed limit is to be established and enforced to ensure dust generation from vehicle movements are minimised.

Wheels and undercarriage of trucks are to be cleaned prior to the vehicle(s) exiting the worksite onto public roadways.

Loads are to be covered on both internal and public roads where there is a risk of release of material/dust/liquid.

Plant operators are required to switch off plant whenever the equipment is not going to be used for a period of more than 15 minutes.

Exhaust systems of construction plant, vehicles and equipment are to be maintained to minimise exhaust emissions to the atmosphere.

All site accesses are to be designed to cope with the planned construction traffic volumes and duration. At a minimum, all site accesses are to be stabilised with gravel to minimise dust generation and tracking of sediments.

During high winds (greater than 35 kilometres per hour), additional dust control measures are to be implemented to prevent the movement of nuisance dust into sensitive areas.

26) 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.

27) 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.

28) 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.

29) 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.

30) Council Specification

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

31) 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.

The following conditions must be complied with prior to issue of a Subdivision Certificate for the first stage of subdivision works, being the creation of proposed Lots 1-6

32) 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.

33) 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 over new boundaries or on the road reserve must be removed or relocated wholly within the allotment.

The Plan of Subdivision shall provide for the dedication of the drainage channel located along the southern boundary as Drainage Reserve.

34) Road Widening

The location of the existing road formation and fences in relation to the property boundaries are to be shown on a survey plan to be submitted to Council. Any encroachments onto the property are to be dedicated as “Road Widening” at no cost to Council.

35) 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) Inter-allotment Drainage Easements

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

b) 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 Building Over Pipelines Policy 4.20.

c) Rights of Footway

The creation of suitable rights of footway over proposed the residual lot (i.e. Lot 47 within construction stage 2).

d) Bushfire Management

All necessary bushfire restrictions as per the Section 100B approval by the NSW Rural Fire Service

e) Restriction on the keeping of dogs

Each stage of subdivision shall include the creation of a restriction on title of the lots created that prohibits the keeping of dogs on the land other than “assistance animals” as defined by the Companion Animals Act 1998. The restriction to burden and benefit each residential allotment.

f) Mosquito Management

Restrictions to limit future residential development in terms of mosquito management to include:

· Screens for all windows and doors;

· Measures for an outdoor area to the screened; and

· Provisions for good sanitation around building structures, minimising the number of decorative items that can hold water including pots, ponds and other structures.

36) Completion of All Works

All subdivision works required by this development consent, and associated Construction Certificate, are to be completed prior to issue of the subdivision certificate. A copy of the final completion letter/s, issued by the Principal Certifying Authority, and final plumbing certificate, issued by the water supply authority, for the relevant subdivision works must be submitted with the application for a subdivision certificate.

37) 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”.

38) Works-As-Executed Plans

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.

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.

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.

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.

39) 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.

40) 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.

41) 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.

42) Telephone Supply Certificate

Written evidence from a telephone 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 telephone supply throughout the subdivision.

43) 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 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

44) Certificate of Compliance – Water Management Act 2000

Water and sewer services are to be provided to the land in accordance with an approval granted under Section 68 of the Local Government Act 1993.

Payment of developer charges to Byron Shire Council for water supply and sewerage.

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

45) 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.

46) Landscaping to be completed

The site is to be landscaped in accordance with the approved landscape plan.

47) 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 first credit for a site will be retained on the residual lot. Any additional credits over one (1) will be allocated at the first stage(s).

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.

48) 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.

49) 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.

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.

CONSTRUCTION STAGE 2

The following conditions will need to be complied with prior to issue of a Construction Certificate for the second stage of subdivision works, being the creation of proposed Lots 7-41

51) Ecological Restoration Plan for riparian habitat

An Ecological Restoration Plan is to be submitted to and approved by the Council ecologist prior to issue of a Construction Certificate. The restoration plan must include the following elements:

a) A list of the weeds present on site;

b) Map and description of the condition of the native vegetation;

c) An outline of proposed weed control methods;

d) A re-vegetation plan for replacement of any trees removed for establishment of an asset protection zone;

e) A detailed rehabilitation plan that will achieve effective habitat restoration within the riparian area of the site (i.e. the land currently zoned 7(b) Coastal Habitat) under Byron Local Environmental Plan 1988);

f) A detailed works plan, including cost estimates and team days required to achieve the habitat restoration; and

g) Performance criteria against which restoration works will be measured.

Restoration works must be undertaken by a qualified bush regenerator over a period of no less than two years to ensure weeds are adequately controlled and native vegetation has sufficiently recovered.

Planting proposals outlined in the Plan must take into account the provision of Asset Protection Zones as required by the Bush Fire Safety Authority issued under Section 100B of the Rural Fires Act 1997.

52) No vegetation removal

53) Transfer of Crown Road

The proponent is to initiate the process to have the Crown road reserve that adjoins the northern boundary of the land transferred to Byron Shire Council. The road reserve is to be vested in Council prior to the release of a Construction Certificate.

All costs associated with this transfer, and the subsequent closure of part of the road reserve, are to be borne by the proponent.

54) Management strategy for non-ASS acidic soils

55) Construction noise management

(a) Limits for noise and vibration at affected residences;

(b) A list of machinery to be used for construction;

(c) Approach distances, "Buffer Zone" for each machine type that will trigger relevant management action for that activity;

(d) Specific management actions that should be taken for relevant activities inside the "Buffer Zone";

(e) Identify the individual responsible for actioning the Management Plan and addressing any complaints; and

(f) Procedures for receiving, managing and resolving complaints.

56) Engineering Construction Plans

a) Kerb & Gutter, Road Shoulder Construction

Kerb and gutter, road shoulder and associated drainage construction, footpath formation including any necessary relocation of services across the frontage of the subdivision.

b) Full Width Road Construction

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

c) Footpath Construction

A 1.2 metre wide concrete footpath for one side of Road 2 and, within Road 1, for the full frontage of Lots 13-16.

d) Service Conduits

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

e) 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).

f) Stripping and Stockpiling

g) Stormwater Drainage

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

h) Stormwater Quality

i) Access to Stormwater Structures

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

j) Roads Act Approval

57) Sewerage and Water Mains

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.

58) Erosion and Sedimentation Control Plan

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.

59) Traffic Control Plan

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

60) Landscape Plans

The following conditions will need to be complied with prior to commencement of subdivision works for the second stage of subdivision works, being the creation of proposed Lots 7-41

61) Written Notification

62) Public Liability Insurance

63) Erosion and sediment measures

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

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

64) Metered Stand Pipe required

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

65) Pre-Start Meeting

The following conditions must be complied with during construction of subdivision works for the second stage of subdivision works, being the creation of proposed Lots 7-41

66) Protection of Native Trees

67) 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.

68) Construction noise

Construction noise is to be limited as follows:

Stationary plant and equipment known to emit noise strongly in one direction is to be oriented so that the noise is directed away from noise-sensitive areas, where possible.

Works are to be staged to avoid noisy plant working at the same time close together, and adjacent to sensitive receivers.

Noise emissions of all plant to be utilised are to be reviewed as part of the establishment process.

All trucks used for the works are to be maintained in good working order. Subject to safety requirements, trucks are not to use exhaust brakes on site.

Out of hours construction works shall only be undertaken with the written concurrence of Byron Shire Council.

69) Air Quality Controls during Construction