Attachments of Ordinary Meeting

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.3 - Attachment 1

Table of Contents

1. Preamble. 2

2. Objectives. 2

3. Timeframe for Group. 3

4. Membership. 3

5. Chairperson. 3

6. Quorum.. 3

7. Confidentiality. 3

8. Convenor/Facilitator 4

9. Voting. 4

10. Majority Decision. 4

11. Convening Meetings. 4

12. Reporting. 4

13. Meetings Open to the Public. 4

14. Invited Guests. 4

15. Audio Taping of Meetings. 4

16. Vacation of Office. 5

17. Publicity. 5

18. Records of meetings (agenda and reports) 5

19. Section 377 Delegation. 6

20. Miscellaneous. 6

1.
Preamble

The Project Reference Group is a Group formed by Council and does not have executive power or authority to implement actions.

The role of the Project Reference Group is to carry out specific objectives as stated in this Constitution.

2. Objectives

The purpose of the Australia Day 2018 Project Reference Group is:

1. Organise Australia Day Events

a) Australia Day Celebrations to be organised in each town if there is a PRG member to organise such event. This is to be done on a voluntary basis by the member representing that town. One of these towns is required to hold and organise the Official Ceremony as part of their Australia Day celebration.

b) The Official Ceremony is to include the Australian Citizenship ceremony and Local Citizen of the Year awards.

c) Celebrations are generally to be free of charge and family orientated (can recoup costs of any moneys expended outside of Council’s donation).

d) Budget moneys received from Council are not to be used for the employment of professional artists.

e) Events are to celebrate what is great about Australia eg. the people, our diversity, our freedom and democracy, a fair go for all, the land or our indigenous people.

f) Events are to recognise the contribution of Indigenous Australians and our multicultural heritage and celebrate the diversity that has helped shape our nation.

2. Australia Day Address - Local Resident

a) Nominate a local resident to give the Australia Day Address at the Official Ceremony.

3. Local Australia Day Awards

a) Develop a nomination form for Byron Shire Council Australia Day awards.

b) Categorise what awards will be given.

c) Call for nominations and actively promote the awards to the community as awards for people or groups who have succeeded in their chosen field or have worked tirelessly within their communities.

d) Award recipients are to be chosen by a vote of the full committee. Tied votes are to be resolved by a draw from a hat.

4. Australia Day Ambassador – Participation in Program

a) Register with the Australia Day Council of NSW in order to participate in their Ambassador Program.

b) Local identities may be utilised if the organising committee wishes to have an Australia Day Ambassador at their local event.

c) If for any reason the PRG does not participate in the Australia Day Council Ambassador Program, a local identity may be utilised for the Official Ceremony's Australia Day Ambassador. The identity is to be endorsed by the PRG.

3. Timeframe for Group

The Project Reference Group has 6 months to complete its objectives.

This group will be disbanded in February 2018.

The Council may dissolve the Group at any time.

4. Membership

Membership is to include up to 10 members, including:

· 9 community organisations representing

o Ocean Shores Community Association

o Sisters for Reconciliation

o Rotary Club of Byron Bay

o Rotary Club of Mullumbimby representing the Combined Services Clubs of Brunswick Valley

o Brunswick Mullumbimby Lions Club

o Byron Bay Rural Fire Brigade, Suffolk Park

o Bangalow Historical Society

o Brunswick Valley Historical Society

o Byron Bay Surf Club representing the Australia Day Paddle

· relevant staff member(s).

o Mark Arnold, Director Corporate and Community Services, or their delegate

* Staff members participating on the working group do not have any voting entitlements.

Members were appointed by Council on (date to be inserted following resolution of council).

5. Chairperson

The Chair of the PRG is elected from Councillors nominated to the PRG, to be determined at the first meeting. If there are no Councillors on the PRG, then the PRG is chaired by the relevant staff member.

6. Quorum

A quorum is to constitute at least half the number of members, ie. 6 members (if a total of 10 appointed).

* Staff members or the Councillor are not counted as part of a quorum.

7. Confidentiality

Members of the Project Reference Group will, in those circumstances where confidential matters are subject to deliberation, maintain confidentiality.

8. Convenor/Facilitator

The Convenor/Facilitator of the Project Reference Group in most cases will be the staff member unless otherwise decided by the Council.

9. Voting

Each member of the Group (with the exception of the staff members) is to have one vote. If the vote is tied on any particular matter it will be referred to an Ordinary Meeting for determination.

10. Majority Decision

A requirement that a majority decision of the Group comprises a majority of the invited representative members present and voting on any item subject to the requirements of a quorum being met at the meeting.

11. Convening Meetings

Meetings to be held as required.

12. Reporting

a) The reports of meetings (Minutes) are to be circulated to members of the group within 7 days of the meeting so that members can provide feedback through the Chair on the draft unconfirmed minutes.

b) The project reference group reports to Council.

13. Meetings Open to the Public

PRG meetings are not public meetings as they have no executive function. Public transparency is provided for when the reports of these meetings are reported to Council.

14. Invited Guests

The PRG Convenor may request to seek further expertise and consultation as agreed to by the Group and if necessary arrange attendance of a person providing the expertise at a PRG meeting. Any request for information to be at no cost to Council unless a budget is allocated by Council and the expenditure has been authorised in writing by staff with requisite delegations.

15. Audio Taping of Meetings

A PRG meeting may be recorded. If the meeting is being recorded, all PRG members will be advised of this and it will be noted in the Report of that meeting.

Recordings of PRG meetings may involve the recording of personal information provided at the meeting. The recordings will be made to assist with the administration of the PRG. The provision of any information that is recorded is voluntary, however, if any person does not wish to be recorded they should not address the meeting.

The recordings may be made available to other persons where such access is in accordance with the relevant regulations and requirements in this regard, such as under the Local Government Act 1993 or the Government Information (Public Access) Act 2009. The recordings where made will ultimately be stored in Council’s document storage system.

16. Vacation of Office

Any Project Reference Group member wishing to resign from the group shall do so in writing.

Invited Members: If an invited member on the Group who represents an Organisation resigns, an invitation to the Organisation for an alternate delegate will be requested. If no alternate delegate is nominated by the Organisation then that position will become redundant.

Community Members: If a community member resigns and if more than half of the timeframe to complete the PRG’s objectives still exists and an alternate delegate has been resolved by Council then that person appointed by Council as an alternate delegate will then be appointed as the new community member. If no alternate delegate has been appointed by Council or the alternate delegate declines to accept the vacant position then that position will become redundant.

17. Publicity

PRG members unless authorised by Council are not to promote or advertise the group’s activities.

18. Records of meetings (agenda and reports)

a) The Convenor/Facilitator of the Group will prepare the Agenda, Progress Reports and Action lists of the Group’s meetings formatted in accordance with Council’s templates.

b) The reports of meetings (minutes) are to be circulated to members of the group within 7 days of the meeting so that member can provide feedback through the Chair on the draft unconfirmed minutes.

c) The reports of the Group’s meetings are to be reported to Council when required. The PRG’s web page will indicate what meeting Council will be considering the PRG’s reports.

d) If the PRG considers necessary, reports from each PRG meeting may be placed on Council’s web page for access by the public and Councillors after each meeting.

e) If the time frame allocated to complete the objective(s) is 6 months or more the Group is to provide a progress report quarterly to Council on its progress.

f) At the end of the Group’s term a final status report be presented to Council on the outcomes of each objective.

19. Section 377 Delegation

The Project Reference Group does not have any delegated functions pursuant to section 377 of the Local Government Act (1993) and does not have the power to direct staff.

20. Miscellaneous

Insurance: All group members are covered by the public liability policy of Council insofar as they are acting in their capacity as a group member, within the scope of the PRG’s Terms of reference and in accordance with the Code of Conduct and statutory obligations. This insurance does not preclude the working group from due diligence and all Council policies must be adhered to.

Code of Conduct: All group members to abide by Council’s adopted Code of Conduct at all times.

Pecuniary Interest: Pecuniary Interest may be defined as an interest that a person has in a matter, as a group member or employee of a company or other body, because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person, or another person with whom the person is associated. Such other person includes the spouse or de-facto partner or relative of the group member.

Section 446 of the Local Government Act states that:

“a member of a council committee, other than a committee that is wholly advisory, must disclose pecuniary interests..”

Even though the Local Government Act provides an exemption to disclose pecuniary interests Council’s preference is for all members to declare pecuniary interests where applicable.

Privacy: All group members are to abide by Council’s Privacy Management Plan (see http://www.byron.nsw.gov.au/publications?P ) relating to their access to personal information.

Meeting Practice: If any other issue arises regarding meeting practice not covered under this constitution, it be referred to the General Manager or delegate or if required Council for a determination to be made.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.6 - Attachment 2

#E2017/15928

10.2016.708.1

CONDITIONS OF 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:
A1	Site Plan	Rosalie Stollery Architects Pty Ltd	June 16
A3	Proposed Ground Floor Plan	Rosalie Stollery Architects Pty Ltd	June 16
A4	Existing Upper Floor Plan Proposed Upper Floor Plan	Rosalie Stollery Architects Pty Ltd	June 16
A5	Elevations	Rosalie Stollery Architects Pty Ltd	June 16
A6	Removable Modules	Rosalie Stollery Architects Pty Ltd	Aug 16
Figure 4	Proposed Relocation of Pavilions and Tree Removal	Peter Parker	18 October 2016

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

(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.

5) Coastal Erosion

The development granted via development consent number DA 10.2016.708.1 must cease if at any time the coastal erosion escarpment comes within 20 metres of the buildings and structures the subject of the consent. The modular elements of development the subject of this consent must be either relocated within the site or removed immediately. Further the landowner must suitably revegetate the land.

The sacrificial elements of development the subject of this consent must be demolished and removed immediately when the coastal erosion escarpment comes within 5 metres of those elements.

In this restriction coastal erosion escarpment means the landward limit of erosion in the dune system caused by storm waves.

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

6 Land to be consolidated

All separate parcels of land are to be consolidated into one allotment and registered with the NSW Land and Property Information, prior to issue of the Construction Certificate.

7. S.88E Public Positive Covenant to be placed on title – Coastal erosion

Documentary evidence is to be provided to the Principal Certifying Authority that a public positive covenant, pursuant to the provisions of S.88E of the Conveyancing Act, 1919, has been placed on the title to the land, the subject of this consent, stating:‑

The sacrificial elements of development the subject of this consent must be demolished and removed immediately when the coastal erosion escarpment comes within 5 metres of those elements.

In this restriction coastal erosion escarpment means the landward limit of erosion in the dune system caused by storm waves.

Please note: Documents requiring the endorsement of Council associated with the creation or cancellation of easements, restrictions, covenants are subject to fees listed within Council’s Fees & Charges.

8. Biodiversity Conservation Management Plan

A Biodiversity Conservation Management Plan is required to guide littoral rainforest rehabilitation and restoration at the site and to provide guidance on the management of threats to this community.

Actions described in the Biodiversity Conservation Management Plan to be substantially commenced to the satisfaction of Council’s ecologist prior to issue of an construction certificate.

Note:-A Biodiversity Conservation Management Plan alone may not be sufficient to ensure long-term protection and management of the EEC and prevent progressive degradation of the community if threats are not appropriately managed. It is recommended that an easement be created burdening use of the land identified as the littoral rainforest EEC defined as the ‘tree trunk line’ on the Site Plan and any vegetation growing out of that area.

9. S.88E Restriction to be placed on title – Conservation of Vegetation

Documentary evidence is to be provided to the Principal Certifying Authority that a restriction on the use of land, pursuant to the provisions of S.88E of the Conveyancing Act, 1919, has been placed on the title to the land, the subject of this consent, stating:‑

No works or activities shall be carried out on the burdened land that has a negative impact on the littoral rainforest on, or adjoining, the burdened land, other than in accordance with the Biodiversity Conservation Management Plan approved in accordance with conditions of development consent number DA 10.2016.708.1.

10. Water and Sewerage - Section 68 approval required

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

11. 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

12. Long Service Levy to be paid

A Long Service Levy must be paid to the Long Service Payments Corporation. This amount payable is based on the cost of the work. These payments may be made at Council’s Administration Office, Station Street, Mullumbimby. Cheques are to be made payable to ‘Byron Shire Council’.

13. Compliance with BASIX Certificate requirements

The development is to comply with BASIX Certificate N^oA258745 for the additions and alterations, dated 13 September 2016.

The commitments indicated in the Certificate are to be indicated on the plans submitted for approval of the Construction Certificate.

Note that the plans submitted must clearly indicate all windows numbered or identified in a manner that is consistent with the identification on the BASIX Certificate.

Minor changes to the energy efficiency measures may be undertaken without the issue of any amendment under Section 96 of the Act, provided that the changes do not affect the form, shape or size of the building.

Proposed colours must be consistent with the provisions of Section D2.2.3 of Council’s Development Control Plan 2014. Note that white colours are not permissible.

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

14. Landscaping plan required

The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Part H of Development Control Plan 2010. Species identified in Part H of Development Control Plan 2010 are to be planted wherever possible. 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.

f) The plan is to be prepared by a suitably qualified landscape architect / architect /ecologist who has appropriate experience and competence in landscaping.

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

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

15. 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.

16. 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

17. 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:

· Monday to Friday, from 7 am to 6 pm.

· Saturday, from 8 am to 1 pm.

· No construction work to take place on Sundays or Public Holidays.

18. Construction noise

Construction noise is to be limited as follows:

· 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).

· 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).

19. 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.

20. 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.

21. 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.

22. Protection of native vegetation during the construction phase:

The following measures for protection and management of vegetation are to be applied:

i. Trees to be retained are to be protected by a fence so as to minimise disturbance to existing ground conditions within the drip line of the trees. The fence is to be constructed:

1. with a minimum height of 1.2 metres,

2. outside the drip line of the tree,

3. of steel star pickets at a maximum distance of 2 metres between pickets,

4. using a minimum of 3 strands of steel wire,

5. to enclose the tree, and

6. with orange barrier mesh, or similar, attached to the outside of the fence and continuing around its perimeter

The fence is to surround the endangered ecological community and prevent access to this area by unauthorised personnel.

Only suitably qualified bush regenerators are permitted to enter this area during the construction phase to conduct works in accordance with the approved Biodiversity Conservation Management Plan.

The fence is to be maintained for the duration of the site clearing, preparation and construction works.

No equipment, rubbish or fill are to be placed within the fenced area and the area must not be excavated.

The following conditions are to be complied with prior to occupation of the building

23. Pool safety sign

The occupier of the premises must ensure that there is at all times a sign in the immediate vicinity of the swimming pool bearing the words ‘Young children must be supervised when using this swimming pool’. The sign is to be a prominent position and be otherwise in accordance with clause 9 of the Swimming Pools Regulation, or similar.

24. Swimming pool discharge

Swimming pools must discharge or backwash to an overflow retention gully in accordance with AS/NZS 3500.2.2, Section 10.9 & Figure 10.2.

25. 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.

The following conditions are to be complied with at all times

26. Access must be permitted to Council officers

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

27. Restriction on use of outdoor lights

The use of artificial lighting and outdoor lights within the development is to be of a low-intensity and directed away from the littoral rainforest area and positioned to ensure there is no light spill from the development on to the beach area.

Any lighting is to be adjustable on their mountings and/or provided with shades to the satisfaction of the Principal Certifying Authority, ensuring that the spread of light is restricted away from the beach area.

Ideally any artificial lighting and outdoor lights are to be turned off no later than 10pm each night.

28 Vegetation Maintenance

Any tree pruning or removal approved by this consent shall be carried out by an appropriately qualified Arborist and be in accordance with the relevant Australian Standards.

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.

Principal Certifying Authority:

Work must not commence until the applicant has:-

1) appointed a Principal Certifying Authority (if the Council is not the PCA); and

2) given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

3) notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Occupation Certificate required:

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

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 and Assessment Act 1979 or prosecution pursuant to section 125 of Environmental Planning and Assessment Act 1979.

Biodiversity Conservation Management Plan

The requirement for preparation and implementation of a Biodiversity Conservation Management Plan to detail protection of the littoral rainforest endangered ecological community and compensate for known and anticipated direct and indirect impacts of the proposal. The BCMP is to include:

· A clear description of the management aims and objectives including the timeframe required to achieve these;

· An implementation schedule detailing actions, frequency of actions and responsible person(s) to be undertaken within the endangered ecological community to achieve plan aims and objectives;

· Measurable performance indicators;

· Details of ongoing monitoring requirements to determine whether performance indicators have been met and the need for adaptive management actions;

· An accurate map, drawn to scale identifying the extent of the endangered ecological community on-site. The plan is to include a survey of all trees that delineate the boundary of the endangered ecological community on the site and their position relative to the development;

· Measures for regeneration, weed control and restoration works;

· Map the location of restoration areas;

· Measures for protection and management of vegetation during any vegetation removal and trimming works;

· Rehabilitation of the existing beach access with the objective of achieving a closed canopy littoral rainforest community over time;

· Removal of any structures, artificial lighting and other anthropogenic features from within the endangered ecological community (with the exclusion of the coastal raptor nesting pole);

· Details of fauna friendly fencing options that may be used to define Lot boundaries within the endangered ecological community;

· Provide guidance on suitable plant species to use in landscaped areas of the site;

· Strategies to minimise bird collisions with windows; and

· Strategies to protect the threatened species on-site.

Easement for conservation – Restriction on User.

The restriction on user for conservation purposes must prohibit, except as otherwise permissible by law, all of the following within the area covered by the restriction on user:

· management of the littoral rainforest except in accordance with the approved Biodiversity Conservation Management Plan;

Reasons

· To comply with the provisions of Byron L.E.P. 1988.

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

· To protect the environment.

· To preserve the amenity of the area.

· To ensure adequacy of services to the development.

· To ensure public health and safety.

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

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.9 - Attachment 2

E2017/14468

10.2016.575.1

CONDITIONS OF CONSENT:

Parameters

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 Version B	Driveway and Locality Plan	David Hanson Design	10.08.2016
DA02 Version B	Stage 2 Site Plan	David Hanson Design	10.08.2016
DA03 Version B	Stage 2 Sections	David Hanson Design	10.08.2016
DA04 Version B	Stage 2 Cut and Fill Plan Diagram	David Hanson Design	10.08.2016
DA05 Version B	Stage 2 Floor Plans	David Hanson Design	10.08.2016
DA06 Version B	Stage 2 Elevations	David Hanson Design	10.08.2016
DA07 Version B	Stage 2 Materials	David Hanson Design	10.08.2016
DA08 Version C	Stage 1 Site Plan	David Hanson Design	07.11.2016
DA09 Version C	Stage 1 Floor Plans and Elevations	David Hanson Design	07.11.2016
DA10 Version B	Stage 1 Materials	David Hanson Design	10.08.2016
Report Ref: 16/151	Bushfire Threat Assessment Report	Peter Thornton of Bushfire Certifiers	4 August 2016

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. Erection of signs

(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.

(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.

3. Bush fire safety measures

This land is identified as being designated bush fire prone land and under section 79BA of the Act, Council must be satisfied prior to making a determination for development on bush fire prone land that the development complies with “Planning for Bush Fire Protection 2006”.

The development is approved subject to the following requirements applying:

(1) The development is to be carried out in accordance with the recommendations of the Bushfire Threat Assessment Report prepared by Peter Thornton of Bushfire Certifiers Ref: 16/151 and dated 4 August 2016.

4. 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:

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

5. Limitation on expansion or intensification of use of distillery

To protect the amenity of the neighbourhood the development must be operated strictly in accordance with the development conditions imposed upon this consent.

The production of distilled alcohol produced by the approved distillery is limited to:

· 200L per day for stage 1, and

· 1000L per day for stage 2 (1200L total for both stages combined).

Any intensification or expansion of the development will require further environmental assessment and Council approval.

6. Limitation on industrial retail outlet

The industrial retail outlet (comprising tasting and ancillary sales) is to remain within the approved areas shown on plan no. DA05 in condition 1 of this consent. No expansion of the industrial retail outlet is permitted without the prior approval of Byron Shire Council.

The industrial retail outlet must be used in conjunction with the approved distillery and shall only be used for tastings, display or sale (whether be retail or wholesale) of products which have been manufactured on the land.

The industrial retail outlet is not permitted to operate as a café, restaurant or take away food or drink premises without the prior approval of Byron Shire Council.

Note. Limitations on the hours of operation for the industrial retail outlet are provided in condition 55 of this consent.

7. Separate application required for advertising structures

A separate application is to be submitted and approved prior to the erection of any advertisements or advertising structures, other than those permitted without development consent or as exempt development.

8. Staging of development

The development is to be carried out in the following stages:

Stage 1:

· Demolition of Dairy Building;

· Stage 1 Production Shed;

· Stage 1 Driveway and Parking Areas.

Stage 2:

· Stage 2 Production Building, including Industrial Retail Outlet;

· Stage 2 Maturation Building;

· Stage 2 Driveway and Parking Areas.

Stage 1 shall be undertaken before stage 2.

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

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

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

9. 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.lspc.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.

10. Section 94A Levy to be paid

Prior to the issue of a construction certificate the section 94A levy required by the Byron Developer Contributions Plan 2012 shall be paid to Council.

The levy will be calculated as follows:

Levy payable = %C x $C

Where: %C is the levy rate applicable as set out in the latest Ministerial Direction issued under section 94E.

$C is the proposed cost of carrying out the development.

The rate of %C is:

Proposed cost of the development	Maximum percentage of the levy
Up to $100,000	Nil
$100,001–$200,000	0.5 percent
More than $200,000	1.0 percent

The cost of development shall be shall be calculated in accordance with clause 25J of the regulation and shall be set out in schedule 1. A copy of schedule 1 shall be submitted with the payment to Council.

11. 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. 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.

12. Copy of NSW Office of Water licence and conditions

The applicant must provide documentary evidence that a licence has been obtained from the NSW Office of Water for the development. To comply with this condition a copy of the water licence and conditions must be provided to the PCA prior to the issue of a Construction Certificate for Stage One of the development.

13. Mechanical Ventilation – plans and specifications required

Mechanical ventilation is required and should comply with Clause F4.12 of the Building Code of Australia and Australian Standard AS 1668 Parts 1 & 2. The application for a construction certificate must include a plans and specifications prepared by a mechanical ventilation engineer that demonstrate compliance with standards. In particular, air capture velocities and air exhaust rates must comply.

Plans and specifications for mechanical ventilation must be approved prior to the issue of a construction certificate.

14. Bunding – Fertilizer Storage Area

An application for a construction certificate must include detail of bunding for the Fertilizer Storage Area. Bunding design must comply with relevant Australian Standards for bund design and construction.

15. 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”.

16. Consent required for works within the road reserve

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 Crossover (rural & residential areas without kerb & gutter)

A driveway(s) in accordance with Council’s current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

Middle Pocket Road

Road warning signage on the approaches to the culvert adjacent to 303 Middle Pocket Road, generally in accordance with AS1742.2 Figure 4.11.

17. Internal Driveway details required

The application for a Construction Certificate is to include plans and specification that indicate vehicular access from the site boundary to the proposed car space(s). 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) Property access roads shall comply with section 4.1.3 (2) of Planning for Bushfire Protection 2006.

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

18. Bond required to guarantee against damage to public land

A bond of $2000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, culverts, driveway crossovers or other assets.

Such bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council’s roads, footpaths etc.

19. Public liability insurance cover required

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.

20. Public safety requirements

All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. The public liability insurance cover, for a minimum of $10 million, is to be maintained for the duration of the construction of the development. Council is not held responsible for any negligence caused by the undertaking of the works.

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

21. Section 68 approval required – Connection of Drains

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.

22. Plans of retaining walls and drainage

The application for a Construction Certificate is to include plans and specifications that indicate retaining walls or other approved methods of preventing movement of the soil, where any excavation or filled area exceeds 600mm in height. Adequate provision must be made for drainage.

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

23. Sediment and Erosion Control Management Plan required

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”.

24. Internal Driveway details required

h) pavement description;

i) site conditions affecting the access;

j) existing and design levels;

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

l) cross sections every 20 metres;

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

n) property access roads shall comply with section 4.1.3 (2) of Planning for Bushfire Protection 2006.

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

25. Bond required to guarantee against damage to public land

26. Public liability insurance cover required

27. Public safety requirements

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

28. Details and specifications - floor drainage - water wash down tanks - fertilizer storage area

Details and specifications for floor drainage to water wash down collection tanks must be submitted to Council. Design plans must include transfer drainage for liquids from wash down collection tanks to fertilizer storage area. Such information must be prepared by a suitably qualified person and approved by the PCA prior to the issue of a construction certificate.

29. Detailed Site Waste Minimisation and Management Plan

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

30. Access and facilities for disabled.

The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.

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

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

31. Erosion and Sediment Control Management Plan

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

Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control plan/s must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

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).

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

The following conditions are to be complied with during demolition/construction ALL STAGES

32. Excavation and below ground works – Aboriginal Relics

If any Aboriginal archaeological relics or items are exposed during excavation or construction works, the applicant shall immediately cease works, notify the NSW National Parks and Wildlife Service (NPWS) and obtain any necessary permits and/or approvals to continue the work under the National Parks and Wildlife Act 1974. The applicant shall comply with any further request made by the NPWS to cease work for the purposes of archaeological assessment and recording.

33. Earthworks

Exposed and battered areas to be suitably landscaped, grassed and or mulched during the construction period to assist with stabilising these disturbed areas.

34. Demolition/Construction times

Demolition/construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular demolition/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.

35. Demolition/Construction noise

Demolition/construction noise is to be limited as follows:

a) For demolition/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 demolition/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 demolition/construction site is in operation must not exceed the background level by more than 10 dB(A).

36. Builders rubbish to be contained on site

37. Removal of wastes

All wastes associated with these works are to be handled and disposed of in accordance with the requirements of the Work Cover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Wastes must be disposed of at a Licensed Waste Facility. All wastes removed from the site must be managed and disposed of in accordance with NSW DECC Waste Classification Guidelines (2014) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf

38. 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.

39. 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.

40. Food safety – design and construction

a) The food premises must be designed and constructed to comply with Food Safety Standard 3.2.3 Food Premises and Equipment of the Food Standards Code.

Note: Requirements of Australian Standard AS4674 – 2004 “Design, construction and fit-out of food premises” and NSW Food Authority “Food premises – Design, construction and fit-out guide” to be considered to achieve the necessary construction standards for the food premises.

b) The applicant must arrange for an inspection of the food premises to assess compliance with Food Safety Standard 3.2.2 Food Safety Practices and General Requirements and Food Safety Standard 3.2.3 Food Premises and Equipment of the Food Standards Code prior to operating the food business.

c) Payment for the inspection at b) above will be levied in accordance with Council’s fees and charges and must be paid to Council.

Note: Inspections are available on business days and must be arranged at least three working days prior to the inspection occurring by telephoning (02) 6626 7054.

The following conditions are to be complied with prior to commencing operations ALL STAGES

41. Workplace Risk Assessment and Management Plan

The Micro Distillery must be operated to comply with the Workplace Health and Safety Act 2011 and NSW WorkCover Authority requirements. Prior to commencement of operations the applicant must engage a suitably qualified profession to prepare a Workplace Risk Assessment and Management Plan (WRAMP). The owner/operator must ensure that all persons entering the premises, including employees and visitors, have been inducted and are aware of their responsibilities as outlined in the WRAMP.

42. Food safety

The premises must be operated and maintained to comply with the NSW Food Act 2003 and Food Standard Code. To notify business details visit http://www.foodnotify.nsw.gov.au

43. Ventilation System

On completion of the development, provide a certificate and system specifications detailing the air flow velocity readings to Council. The certificate should be completed by a suitably qualified professional and shall ensure that the installation satisfies AS1668.2 “Mechanical ventilation for acceptable indoor-air quality”.

The following conditions are to be complied with prior to occupation of the building

44. Works to be completed prior to 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.

45. Car parking areas to be completed and signs to be provided

The car parking areas are to be constructed in accordance with the approved plans. Signs are to be erected clearly indicating the availability of off-street parking and the location of entry/exit points, visible from both the street and the subject site.

46. 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.

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

47. Must not interfere with the amenity of the neighbourhood

The use of the food premises must not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise. In particular:

a) The noise level emanating from the use of the premises must comply with the New South Wales Industrial Noise Policy. All sources of noise and vibration must be effectively managed so as not to be intrusive or ‘offensive’ within the nearest residential properties.

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

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

d) All trade waste pre-treatment devices and other waste storage facilities shall be serviced and maintained to ensure that all relevant environment protection standards are satisfied.

e) Goods deliveries shall be restricted to daytime operating hours.

48. Use of air locks

The owner / operator is to ensure that the fermentation tanks are operated with airlock valves to prevent odours emissions being vented into the atmosphere. Molasses, liquid fertiliser and any other odorous materials are to be stored in air-locked containers at all times.

49. Compliance with NSW Office of Water licence conditions

The owner / operator must implement and comply with NSW Office of Water licence conditions and recommendations at all times.

50. Fertilizers Act 1985

The owner/operator of the development shall comply with the provisions of the Fertilizers Act 1985.

51. Workplace Health and Safety Act 2011

All activities associated with the Micro Distillery shall strictly comply with the Workplace Health and Safety Act 2011 and NSW WorkCover Authority requirements.

52. Smoke free Environment

The owner/operator of the development shall comply with the provisions of the NSW Smoke-free Environment Amendment Act 2004.

53. Wastewater loading must not exceed the design capacity of the approved on-site sewage management system

a) The volume of wastewater generated must not exceed the design capacity of the approved on-site sewage management system.

b) Wash down water from the distillery must not be disposed of into the on-site sewage management system.

54. Hours of Operation

The following hours of operation apply to the each part of the development:

(a) Distillery

Hours of operation for the distillery are limited to Monday to Saturday 8am to 6pm, and Sunday and Public Holidays 8am to 5pm.

(b) Industrial Retail Outlet/ Tasting

Hours of operation for the Industrial Retail Outlet are limited to 10am to 5pm for a maximum of two (2) days per week.

General Terms of Integrated Development Approval

General Terms of Approval

for work requiring a controlled activity approval under s91 of the Water Management Act 2000

Number	Condition		File no: 2016-0522
Site Address		469 Middle Pocket Road, Middle Pocket
DA Number:		DA 10.2016.575.1
LGA		Byron Shire Council
Plans, standards and guideline
1	These General Terms of Approval (GTA) only apply to the controlled activities described in the plans and associated documentation relating to DA10.2016.575.1 and provided by Council. Any amendments or modifications to the proposed controlled activities may render these GTA invalid. If the proposed controlled activities are amended or modified DPI Water (formerly the NSW Office of Water) must be notified to determine if any variations to these GTA will be required.
2	Prior to the commencement of any controlled activity (works) on waterfront land, the consent holder must obtain a Controlled Activity Approval (CAA) under the Water Management Act from DPI Water. Waterfront land for the purposes of this DA is land and material in or within 40 metres of the top of the bank or shore of the river identified.
3	The consent holder must prepare or commission the preparation of: (i) Vegetation Management Plan; (ii) Works Schedule; (iii) Erosion and Sediment Control Plan
4	All plans must be prepared by a suitably qualified person and submitted to the DPI Water for approval prior to any controlled activity commencing. The plans must be prepared in accordance with DPI Water's guidelines located at www.water.nsw.gov.au/ Water-Licensing/Approvals.
5	The consent holder must (i) carry out any controlled activity in accordance with approved plans and (ii) construct and/or implement any controlled activity by or under the direct supervision of a suitably qualified professional and (iii) when required, provide a certificate of completion to DPI Water.
Rehabilitation and maintenance
6	The consent holder must carry out a maintenance period of two (2) years after practical completion of all controlled activities, rehabilitation and vegetation management in accordance with a plan approved by the DPI Water.
7	The consent holder must reinstate waterfront land affected by the carrying out of any controlled activity in accordance with a plan or design approved by the DPI Water.
Reporting requirements
8	The consent holder must use a suitably qualified person to monitor the progress, completion, performance of works, rehabilitation and maintenance and report to DPI Water as required.
Security deposits
9	N/A
Access-ways
10	N/A
11	N/A
Bridge, causeway, culverts, and crossing
12	The consent holder must ensure that the construction of any bridge, causeway, culvert or crossing does not result in erosion, obstruction of flow, destabilisation or damage to the bed or banks of the river or waterfront land, other than in accordance with a plan approved by DPI Water.
13	N/A
Disposal
14	The consent holder must ensure that no materials or cleared vegetation that may (i) obstruct flow, (ii) wash into the water body, or (iii) cause damage to river banks; are left on waterfront land other than in accordance with a plan approved by DPI Water.
Drainage and Stormwater
15	N/A
16	N/A
Erosion control
17	The consent holder must establish all erosion and sediment control works and water diversion structures in accordance with a plan approved by DPI Water. These works and structures must be inspected and maintained throughout the working period and must not be removed until the site has been fully stabilised.
Excavation
18	The consent holder must ensure that no excavation is undertaken on waterfront land other than in accordance with a plan approved by DPI Water.
19	N/A
Maintaining river
20	The consent holder must ensure that (i) river diversion, realignment or alteration does not result from any controlled activity work and (ii) bank control or protection works maintain the existing river hydraulic and geomorphic functions, and (iii) bed control structures do not result in river degradation other than in accordance with a plan approved by DPI Water.
21	N/A
River bed and bank protection
22	N/A
23	The consent holder must establish a riparian corridor along the unnamed creek in accordance with a plan approved by DPI Water.
Plans, standards and guidelines
24	N/A
25	N/A
26	N/A
27	N/A
Groundwater
28	N/A
END OF CONDITIONS

Notes

Construction Certificate required:

Principal Certifying Authority:

Work must not commence until the applicant has:-

1) appointed a Principal Certifying Authority (if the Council is not the PCA); and

2) given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

3) notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Occupation Certificate required:

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

Protection of the Environment Operations Act 1997:

Food handling/storage:

The NSW Food Act 2003 provides specific conditions relating to the handling and storage of food. Council’s Environmental Services must be consulted to determine any requirements relevant to this consent.

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.

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.

Section 94A Contributions

Schedule 1 to be completed and submitted to Council with the payment of Section 94A contributions.

SCHEDULE 1

Cost Summary Report

[Development Cost no greater than $500,000]

DEVELOPMENT APPLICATION No:

COMPLYING DEVELOPMENT APPLN NO:

CONSTRUCTION CERTIFICATE No. DATE:

APPLICANT’S NAME:

________________________________________________________________

APPLICANT’S ADDRESS:

________________________________________________________________

DEVELOPMENT DETAILS:

________________________________________________________________

DEVELOPMENT ADDRESS:

________________________________________________________________

ANALYSIS OF DEVELOPMENT COSTS:

Demolition and alterations	$	Hydraulic services	$
Structure	$	Mechanical services	$
External walls, windows and doors	$	Fire services	$
Internal walls, screens and doors	$	Lift services	$
Wall finishes	$	External works	$
Floor finishes	$	External services	$
Ceiling finishes	$	Other related work	$
Fittings and equipment	$	Sub-total	$

Sub-total above carried forward	$
Preliminaries and margin	$
Sub-total	$
Consultant Fees	$
Other related development costs	$
Sub-total	$
Goods and Services Tax	$
TOTAL DEVELOPMENT COST	$

I certify that I have:

· inspected the plans the subject of the application for development consent or construction certificate.

· calculated the development costs in accordance with the definition of development costs in clause 25J of the Environmental Planning and Assessment Regulation 2000 at current prices.

· included GST in the calculation of development cost.

Signed: ______________________________

Date: ______________________________

Name: ______________________________

Phone: ______________________________

Position and Qualifications: ______________________________

Address: ______________________________

Reasons

· To comply with the provisions of Byron Local Environmental Plan 2014.

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

· To protect the environment.

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

· To ensure adequacy of services to the development.

· To ensure public health and safety.

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

· To ensure compliance with the Roads Act 1993.

· To ensure that the land or adjoining land is not damaged by the uncontrolled discharge of runoff from any buildings and paved areas that may be constructed on the land.

· To ensure compliance with engineering standards.

· To minimise the adverse effects of bushfires.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 2

E2017/14398

10.2016.681.1

CONDITIONS OF CONSENT:

Parameters

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:
001	Perspective 01	Zac Tooth Architecture	10/10/16
002	House 1 Perspective	Zac Tooth Architecture	10/10/16
003	House 2 Perspective	Zac Tooth Architecture	10/10/16
004	House 3 Perspective	Zac Tooth Architecture	10/10/16
101	Site Plan	Zac Tooth Architecture	10/10/16
102	Site Elevation	Zac Tooth Architecture	10/10/16
103	Landscape	Zac Tooth Architecture	10/10/16
200	House 1 – Plan Ground	Zac Tooth Architecture	10/10/16
201	House 1 – Plan Level 1	Zac Tooth Architecture	10/10/16
250	House 1 – Elev West	Zac Tooth Architecture	10/10/16
251	House 1 – Elev East	Zac Tooth Architecture	10/10/16
252	House 1 – Elev North	Zac Tooth Architecture	10/10/16
253	House 1 – Elev South	Zac Tooth Architecture	10/10/16
300	House 2 - Plan Ground	Zac Tooth Architecture	10/10/16
301	House 2 - Plan Level 1	Zac Tooth Architecture	10/10/16
350	House 2 - Elev West	Zac Tooth Architecture	10/10/16
351	House 2 - Elev East	Zac Tooth Architecture	10/10/16
352	House 2 - Elev North	Zac Tooth Architecture	10/10/16
353	House 2 - Elev South	Zac Tooth Architecture	10/10/16
400	House 3 – Plan Ground	Zac Tooth Architecture	10/10/16
450	House 3 – Elev South Rev B	Zac Tooth Architecture	1/12/16
451	House 3 – Elev North Rev B	Zac Tooth Architecture	1/12/16
452	House 3 – Elev East	Zac Tooth Architecture	10/10/16
453	House 3 – Elev West	Zac Tooth Architecture	10/10/16
S3	Stormwater Detention Plan	Hammond & Associates	28/11/16

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

The Ground Level Store areas of Proposed Units 1 and 2 (the two storey units) are not to used for habitable room purposes and the associated plans are notated to provide openings in the dividing wall between the store and garage.

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. Staged Development

The development is to be carried out in the following stages:

Stage 1: Two Lot Strata subdivision creating proposed Lot 1 and a development lot proposed Lot 2

Stage 2: Construct 3 dwellings on development lot

Stage 3: Strata subdivide the 3 dwellings

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

3. Heritage Setting of Existing Dwelling

To improve the setting of the existing dwelling, whilst it is not assessed as an individual heritage item but to better reflect the traditional pattern of development, a 500mm setback to the rear of the existing dwelling is required. This setback area is to be appropriately landscaped.

4. Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989

(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

(a) that the work must be carried out in accordance with the requirements of the Building Code of Australia ,

(2) This clause does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

(b) to the erection of a temporary building.

(3) In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant construction certificate is made.

5. Erection of signs

(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.

(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.

6. Notification of Home Building Act 1989 requirements

(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.

STAGE 1 – Creation of Development Lot

The following conditions will need to be complied with prior to issue of a Construction Certificate for Stage 1 subdivision works

7. Consent required for works within the road reserve

Consent from Council must be obtained for works within the road reserve pursuant to Section 138 of the Roads Act 1993.

8. 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) Road Construction

Road and drainage reconstruction of Byron St with 4m wide bitumen seal for 25m, tying in with existing road upgrade adjacent to Lot: C DP: 370137 through to Cedar St intersection.

b) Driveways

Sealed driveways, in accordance with Council’s rural driveway standards, from the edge of the bitumen to 3 metres within the property boundary to each of the proposed new allotments. Development Lot driveway to be 5.5m wide, minimum.

c) Access Handle

A 5.5 metre wide reinforced concrete driveway (or equivalent), together with all necessary services/service conduits (water, sewer, telephone, power, stormwater) within the access handle of the proposed Development Lot.

d) Lot 1 Driveway details required

a) pavement description;

b) existing and design levels;

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

d) typical cross sections;

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

9. 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.

10. 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.

11. Bond required to guarantee against damage to public land

A bond of $5000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets.

12. 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 for the creation of the vacant strata lot. 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 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.

PAYMENTS WILL ONLY BE ACCEPTED BY CASH OR BANK CHEQUE.

The following conditions must be complied with prior to commencement of Stage 1 subdivision works

13. 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.

14. Public Liability Insurance

15. Erosion and sediment measures

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

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

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

The following conditions must be complied with during construction of Stage 1 subdivision works

16. 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).

17. 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.

18. Council Specification

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

19. 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 the commencement of Stage 2

20. Completion of All Works

All of the works indicated on the plans and approved as part of Stage 1 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 any building or construction works commencing for Stage 2.

STAGE 2 – 3 DWELLINGS

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

21. Building materials and colours to be specified

The application for a Construction Certificate is to include plans and specifications that indicate the proposed building materials, finishes and colours consistent with the provisions of Section C1.4.5 of Council’s Development Control Plan 2014. These plans and specifications should include colours and finishes which is harmonious with the aesthetic character of the Mullumbimby Conservation Area. The information contained in the Byron DCP 2014 – Appendix C1.3 may assist with colour selection.

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

22. Privacy controls. Amendment to the plan required

The elevated verandah, deck on the east elevation of Proposed Unit 3 has the potential to reduce the level of privacy enjoyed by the occupants of the adjoining dwelling to the east.

The plans submitted for approval of the Construction Certificate must be amended to include a privacy screen constructed on the eastern end of the verandah.

The screen could be constructed from lattice, vertical slats or other similar non-transparent screenings. Where slats are used they are to be angled to ensure the line of sight is directed away from the adjoining dwelling. The screen must be a minimum of 1.8m high.

Such plans are to be approved as part of the Construction Certificate.

23. Site boundary fencing

The plans submitted for approval of the Construction Certificate must be amended to include the provision of appropriate fencing along the current site boundary. Such fencing is not to detract from the heritage conservation area and to be in accordance with C1.4.7 of Byron Shire Development Control Plan 2014 (DCP 2014).

The application for a Construction Certificate is to include plans and specifications that indicate details of the site boundary fencing. Adequate provision must be made for drainage.

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

24. Long Service Levy to be paid

25. Site Waste Minimisation and Management Plan

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

26. Water and Sewerage - Section 68 approval required

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

27. Compliance required with Building Over Pipelines Policy

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

Swimming pools are classed as buildings and are required to comply with this policy.

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

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

28. 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

29. Developer Contributions to be paid

Contributions set out in the schedule at the end of this consent are to be paid to Council prior to the release of a construction certificate. Contributions are levied in accordance with the Byron Shire Developer Contributions Plan 2012 (as amended). These contributions may be paid on a proportional basis based on the number of dwellings applied for in the construction certificate.

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).

PAYMENTS WILL ONLY BE ACCEPTED BY CASH OR BANK CHEQUE.

30. Sediment and Erosion Control Management Plan required

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”.

31. On-site stormwater detention - Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 to carry out on-site detention drainage system and connection to a Council approved drainage system.

The plans must be in compliance with the Northern Rivers Local Government Development Design and Construction Manuals, Byron Shire Council Comprehensive Guidelines for Stormwater Management and relevant Australian Standards. Refer to Council’s website for copies of Council documents.

32. 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 Development Control Plan 2014, 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) 1 visitor car park;

b) pavement description;

c) existing and design levels;

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

e) cross sections every 15 metres;

f) drainage (pipes, pits, on-site detention, etc.);

g) turning paths;

h) linemarking and signage.

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

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

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

33. Flood Planning Level for new buildings

The flood planning level for this development is 5.45m 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 to also indicate a minimum floor level of 4.8m A.H.D for non-habitable building or room (eg. Shed, carport, garage, laundry, shelter, etc.).

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.

34. Compliance with BASIX Certificate requirements

The development is to comply with BASIX Certificate N^o 767429M for Multi Dwelling development, dated 13 October 2016.

The commitments indicated in the Certificate are to be indicated on the plans submitted for approval of the Construction Certificate.

Note that the plans submitted must clearly indicate all windows numbered or identified in a manner that is consistent with the identification on the BASIX Certificate.

Proposed colours must be consistent with the provisions of Section D2.2.3 of Council’s Development Control Plan 2014. Note that white colours are not permissible.

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

35 Landscaping plan required

The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Chapter B9 of Development Control Plan 2014. Species identified in ChapterB9 of Development Control Plan 2014 are to be planted wherever possible. 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.

f) The plan is to be prepared by a suitably qualified landscape architect / architect /ecologist who has appropriate experience and competence in landscaping.

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

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

36 Public safety requirements

37 Erosion and Sediment Control Management Plan required

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

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).

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

38 Plumbing Standards and requirements.

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.

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

39 Stormwater drainage work

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

40 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.

41 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).

42 Builders rubbish to be contained on site

43 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.

44 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.

The following conditions are to be complied with prior to occupation of the building

45 Works to be completed prior to 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.

46 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.

47 Water service and meter to be connected to each dwelling

A water service and water meter must be connected to all residential dwellings in the development 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.

STAGE 3 – STRATA SUBDIVISION OF 3 DWELLINGS

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

48 Subdivision Certificate application required

An application for a Strata 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.

49 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 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.

50 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 1.5 metres, 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 policy.

c) Rights of Carriageway

The creation of suitable rights of carriageway over the access to proposed Lots 2, 3, 4 & 5

d) Easement for Services

The creation of suitable easements for services for proposed Lots 2, 3, 4 & 5

51 Completion of All Works

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

52 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.

53 Certificate for services within easements and/or common property

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.

54 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 electricity supply throughout the subdivision.

55 Telephone Supply Certificate

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

56 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.

57 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.

Notes

Construction Certificate required:

Occupation Certificate required:

The buildings 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:-

· Appointed a Principal Certifying Authority (if the Council is not the PCA); and

· Given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

· Notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Protection of the Environment Operations Act 1997:

Penalties apply for failure to comply with development consents

Section 94 Payments for Creation of Strata Allotment

Section 94 Payments for Creation of Additional Units

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	2.2 ET
Sewer	3.0 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.

Reasons

· To comply with the provisions of Byron LEP 2014.

· To comply with the provisions of Byron DCP 2014.

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

· To protect the significance and setting of the Heritage Conservation Area

· To protect the environment.

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

· To ensure adequate access to and from the development.

· To ensure that appropriate landscaping is provided.

· To ensure adequacy of services.

· To ensure that the land or adjoining land is not damaged by the uncontrolled discharge of runoff from any buildings and paved areas that may be constructed on the land.

· To ensure compliance with engineering standards.

· To ensure public health and safety.

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

	Funding body	Funding Scheme	Project	Total Available	Requested Amount	Funder/ Council	Status	Comments
1	NSW Club Grants	Sports & Recreation Infrastructure Grant	Waterlilly park upgrade	1,000,000	1,000,000	1,000,000/35,000	Not awarded
2	NSW Club Grants	Sports & Recreation Infrastructure Grants	Construction of 3^rd Court at the Cavanbah	1,000,000	1,000,000	1,000,000/380,000	Not awarded
3	NSW Dept of Justice	Crime Prevention Grants	CPTED lighting in Byron CBD	50,000	50,000	50,000/Nil	Submitted Jan 20	Pending decision
4	NSW Dept of Justice	NSW Community Safety Fund 2017	Extension of CCTV network in Byron CBD	250,000	250,000	250,000/ 50,000	Submitted 20 Feb 2017	Pending decision
5	NSW Rural Fire Service	RFF Fund Hazard Reduction					Submission due 28 Feb 2017	No submission made: no shovel ready project
6	Commonwealth Dept of Infrastructure and Regional Development	Building Better Regions Fund – Infrastructure Projects Stream	Roundabout at the intersection of Bayshore Drive and Ewingsdale Road	10,000,000	2,640,254	2,640,254 3,062,695	Submitted 28 Feb 2017	Pending decision
7	Commonwealth Dept of Infrastructure and Regional Development	Building Better Regions Fund – Community Investments Stream	Research to support employment/land use planning	100,000	40,000	20,000/20,000	Submission due 31 Mar 2017
8	Commonwealth Dept of Infrastructure and Regional Development	Building Better Regions Fund – Community Investments Stream	Building Capacity in Community Halls (Love Byron Halls)	20,000	20,000	20,000/5,000 plus in-kind	Submission due 31 Mar 2017
9	NSW Liquor and Gaming	Arts & Culture Infrastructure grant	Kitchen Upgrade of Brunswick Community Hall	300,000	300,000	300,000/TBC (project cost exceeds fund amt)	Submission due 10 Mar 2017	No submission made: project not shovel ready
10	NSW Dept of Primary Industries	Recreational Fishing Trust	Fishing platform and bank regeneration Brunswick River	30,000	30,000	30,000/TBC – will need some cash and in-kind	Submission due 13 March 2017
11	NSW Dept of Industry, Lands	Public Reserves Management Fund	Clarks Beach Reserve Amenities	No upper limit	Approx. 350,000	TBC/TBC	Submission due 24 March 2017
12	NSW Dept of Industry, Lands	Public Reserves Management Fund	Removal of Asbestos Senior Citizens Hall at Marvel Street, Byron Bay	No upper limit	150,000	150,000/ nil	Submission due 24 March 2017	To be confirmed by ET 1 March 2017
13	NSW Dept of Industry, Lands	Public Reserves Management Fund	Vegetation Management Phase Three Tyagarah Hall	No upper limit	150,000	150,000/ Nil	Submission due 24 March 2017	To be confirmed by ET 1 March 2017
14	Foundation for Rural and Regional Renewal	Small Grants for Regional Communities	Youth Innovators	5,000	5,000	5,000/TBC	Submission due 31 March 2017
16	NSW Education	Before and After School Care Fund	Upgrade of Mullum OOSH facilities	30,000	30,000	30,000/nil	Submission due 5 April 2017
17	NSW Education	Before and After School Care Fund	Upgrade of Bruns OOSH facilities	30,000	30,000	30,000/nil	Submission due 5 April 2017
18	NSW Education	Before and After School Care Fund	Upgrade of Byron OOSH facilities	30,000	30,000	30,000/nil	Submission due 5 April 2017
19	NSW Office of Environment and Heritage	Flying-foxes Grant Program	Shire wide Flying-fox Camp Management Plan	30,000	30,000	15,000/15,000	Submission due 30 April 2017

Date Commenced:	September 2017	Time Frame to carry out objectives	6 months
Date Group to be Disbanded	February 2018
Convenor/Facilitator	Mark Arnold, Director Corporate and Community Services
Review Timeframe

Doc No.	Date Amended	Details Comments eg Resolution No.
E2017/14231		Draft

Key Activity (Delivery Plan)	CM 1.1.6 Facilitate and support Council and Council Committees
Related Legislation	Local Government Act 1993 Section 451 Government Information (Public Access) Act) 2009
Related Policies	Code of Conduct Policy 1.8 Privacy Management Plan
Related Procedures/ Protocols, Statements, documents	Agenda Template for PRG Meetings Report Template for PRG Meetings Action List Template for PRG Meetings

Venue	Meeting Room 2, Station Street, Mullumbimby
Date	Thursday, 16 February 2017
Time	9.00am