Attachments of Ordinary Meeting

	Funding body	Funding Scheme	Total Amount Council can access from Funding Scheme	Council Project	Total project value	Requested Amount from Funding Body	Contribution Breakdown: Funding Body/ Council	Status	Comments
1	NSW Dept of Justice	Crime Prevention Grants	50,000	CPTED lighting in Byron CBD	50,000	50,000	50,000/Nil	Submitted Jan 20	Decision pending
2	NSW Dept of Justice	NSW Community Safety Fund 2017	250,000	Extension of CCTV network in Byron CBD	300,000	250,000	250,000/ 50,000	Submitted 20 Feb 2017	Decision pending
3	Aus Gov Dept of Infrastructure and Regional Development	Building Better Regions Fund – Infrastructure Projects Stream	10,000,000	Bayshore Drive Roundabout	5,702,949	2,640,254	2,640,254 3,062,695	Submitted 28 Feb 2017	Decision pending
4	Aus Gov Dept of Infrastructure and Regional Development	Building Better Regions Fund – Community Investments Stream	100,000	Building Capacity in Byron’s Community Halls	20,000	20,000	20,000	Submitted 31 March 2017	Decision pending
5	NSW Dept of Primary Industries	Recreational Fishing Trust	No upper limit	Fishing platform and bank regeneration Brunswick River	104,668	81,668	81,668/ 23,000	Submitted 13 March 2017	Decision pending
6	NSW Dept of Industry	Elsa Dixon Aboriginal Employment Program	10,000	School-based Traineeship	10,000	10,000	10,000/Nil	Submitted 17 March 2017	Decision pending
7	Aus Gov Dept of Infrastructure and Regional Development	Community Development Grants Program	250,000	Bangalow Weir Reconstruction Project	414,000	250,000	250,000/ 164,000	Submitted 24 March 2017	Decision pending
8	Winston Churchill Trust	Churchill Fellowship	28,000	Byron’s Young Innovators	28,000	28,000	28,000/Nil	Submitted 28 April 2017	Decision pending
9	Aus Gov Office of Prime Minister and Cabinet	National Reconciliation Week 2017	5,000	Arakwal reconciliation week events	5,000	5,000	5,000/Nil	Submitted 28 April 2017	Decision pending
10	NSW Education	Before and After School Care Fund	30,000	Upgrade of Brunswick Heads OOSH facilities	30,000	30,000	30,000/Nil	Due 28 June 2017
11	NSW Education	Before and After School Care Fund	30,000	Upgrade of Byron Bay OOSH facilities	30,000	30,000	30,000/Nil	Due 28 June 2017
12	Aus Gov, Dept of Infrastructure and Regional Development	Bridges Renewal Programme	5,000,000	Blindmouth Bridge	1,200,000	600,000	600,000/ 600,000	Due 29 May 2017	Budget to be finalised
13	Aus Gov, Dept of Infrastructure and Regional Development	Bridges Renewal Programme	5,000,000	The Southern Bridges	8,000,000	4,000,000	4,000,000/ 4,000,000	Due 29 May 2017	Budget to be finalised
14	Aus Gov Office of Prime Minister and Cabinet	Smart Cities and Suburbs – round 1	5,000,000	3D Mapping Tool for Shire planning	200,000	100,000	100,000/ 100,000	Due 30 June 2017	Budget to be finalised
15	Aus Gov Office of Prime Minister and Cabinet	Smart Cities and Suburbs – round 1	5,000,000	Byron App	200,000	100,000	100,000/ 100,000	Due 30 June 2017	Budget to be finalised

E2017/26541

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.

The production and sale of “ready-to-drink” products (i.e. pre-mixed drink products) are not approved within this development consent.

2. 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).

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:

Stage 1:

· 200L pure alcohol per day;

· 60 equivalent cases per day, based on 700ml bottles at 40% alcohol);

· 0.75 pallets per day; and

· 4.5 pallets per week.

Stage 2:

· 1,000L pure alcohol per day;

· 3000 equivalent cases per day, based on 700ml bottles at 40% alcohol);

· 4 pallets per day; and

· 24 pallets per week.

The production and sale of “ready-to-drink” products (i.e. pre-mixed drink products) are not approved within this development consent.

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 plans no. DA05 & DA09 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

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”.

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

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

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

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.

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

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.

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. Lighting

Lighting used to illuminate any areas of the premises (i.e. security or flood lighting) must be designed, constructed, located and maintained so as not to cause nuisance to the occupants of nearby properties or passing traffic. All lighting must be angled or shielded in such a manner so that light does not directly illuminate any nearby premises or roadways and does not cause extraneous light to be directed or reflected upwards.

48. 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.

49. 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.

50. 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.

51. Fertilizers Act 1985

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

52. 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.

53. Smoke free Environment

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

54. 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.

55. 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 7am to 6pm, with no work on Sundays.

(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:

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 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.

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.

BSC File No:13330D x 10.2014.337.1/#A2015/21286

Contact: Ian McIntosh

NOTICE OF DETERMINATION OF A DEVELOPMENT APPLICATION

issued under the

Environmental Planning and Assessment Act, 1979 Section 81(1)(a)

Development Application No. 10.2014.337.1

Chris Lonergan - Town Planner

PO Box 2585

BYRON BAY NSW 2481

Property description:	LOT: 1 DP: 569047 100 Coolamon Scenic Drive EWINGSDALE
Development	Alterations to existing 4 unit Housing for Older People and People with a Disability development to convert an existing two unit building to one housing unit and convert a utility building to one housing unit, relocate water tanks and strata subdivision to create 4 lots (each containing a housing unit) plus common property
Determination	Consent granted subject to the attached schedule of conditions
Date determined:	21 July 2015
Consent to operate from:	30 July 2015
Consent to lapse on:	30 July 2020
Concurrent approvals:	On-site Sewage Management System (70.2014.337.1)

Schedule of Conditions

Parameters of this Consent

The development is to comprise the following two stages:

Stage 1 Alterations to Aged & Disabled Dwellings

Stage 2 Strata Subdivision

(Stage 1 to be completed before Stage 2).

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:
P1	Site Plan	C Lonergan on base map by G Alderson	15/12/2014
P3	Site & Strata Plan – Overall Plan	C Lonergan on base map by G Alderson	18/11/2014
750_A	Proposed Aged & Disabled Person Dwelling	Outpost Design	July 2012
764_A	Existing Aged & Disabled Person Dwelling	Outpost Design	January 2013
	‘Strata Management Statement’ Coolamon View, Coorabell		21 November 2014
Ref 15/023	Fire Safety Consideration Report	BCA Check	7 July 2015

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

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

2) 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

(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.

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

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

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 116G of the Act, to comply with the technical provisions of the State’s building laws.

5) Concurrent Approvals

The following approvals are provided under Section 78A of Environmental Planning and Assessment Act:

Integrated Approvals under Section 68 of the Local Government Act 1993

C5 Installing, constructing or altering a waste treatment device or a human waste storage facility or a drain connected to any such device or facility.

6) Integrated Approvals from other Authorities.

Bushfire Safety Authority

A bush fire safety authority, as required under section 100B of the 'Rural Fires Act 1997', is issued subject to the following numbered conditions:

1. The proposed development is to comply with the Site Plan, modified by hand written numbers in red identifying the dwellings on site, prepared by C. Lonergan, reference P1 and dated 5 December 2014, except where modified by conditions of this Bush Fire Safety Authority.

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

2. At the commencement of building works and in perpetuity the property around dwelling No.3 shall be managed as follows:

• North for a distance of 33 metres as an Inner Protection Area.

• East for a distance of 42 metres as an Inner Protection Area.

• South to the boundary as an Inner Protection Area.

• West for a distance of 10 metres as an Inner Protection Area.

Requirements for an Inner Protection Area are outlined within section 4.1.3 and appendix 5 of 'Planning for Bush Fire Protection 2006' (PBP) and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

3. At the commencement of building works and in perpetuity the property around dwelling No.4 shall be managed as follows:

• North for a distance of 33 metres as an Inner Protection Area.

• East for a distance of 42 metres as an Inner Protection Area.

• South to the boundary as an Inner Protection Area.

• West for a distance of 10 metres as an Inner Protection Area.

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

4. In recognition that no reticulated water supply is available to the development, a total of 20,000 litres fire fighting water supply shall be provided for fire fighting purposes. Alternatively two 10,000 litre fire fighting water supplies may be provided. The fire fighting water supply shall be installed and maintained in the following manner:

a) Fire fighting water supply may be provided by a tank, a swimming pool or a dam that shall be located no more than 20 metres from the approved structure.

b) A hardened ground surface for fire fighting truck access is to be constructed up to and within 4 metres of the fire fighting water supply.

c) New above ground fire fighting water supply storage's are to be manufactured using non combustible material (concrete, metal, etc). Where existing fire fighting water supply storage's are constructed of combustible (polycarbonate, plastic, fibreglass, etc) materials, they shall be shielded from the impact of radiant heat and direct flame contact.

d) Non combustible materials (concrete, metal, etc) will only be used to elevate or raise fire fighting water supply tank(s) above the natural ground level.

e) A 65mm metal Storz outlet with a gate or ball valve shall be fitted to any fire fighting water supply tank(s) and accessible for a fire fighting truck.

f) The gate or ball valve, pipes and tank penetration are adequate for the full 50mm inner diameter water flow through the Storz fitting and are constructed of a metal material.

g) All associated fittings to the fire fighting water supply tank(s) shall be non-combustible. h) Any below ground fire fighting water supply tank(s) constructed of combustible (polycarbonate, plastic, fibreglass, etc) materials shall be shielded from the impact of radiant heat and direct flame contact.

i) An 'SWS' marker shall be obtained and positioned for ease of identification by brigade personnel and other users of the SWS. In this regard:

1 Markers must be fixed in a suitable location so as to be highly visible; and

2. Markers should be positioned adjacent to the most appropriate access for the static water supply. Note: Below ground dedicated fire fighting water supply tank(s) is defined as that no part of the tanks(s) is to be located above natural ground level.

5. Gas services are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

Evacuation and Emergency Management

The intent of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall apply:

6. An Emergency/Evacuation Plan is to be prepared in accordance with the NSW Rural Fire Service Guidelines for the Preparation of Emergency/Evacuation Plan and comply with Australian Standard AS 3745 -2010 'Emergency Control Organisation and Procedures for Buildings Structures and Workplaces for Residential Accommodation'.

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

7. The building that is subject to the change of use and identified as Dwelling No.4 shall comply with Sections 3 and 7 (BAL 29) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas'.

8. The existing dwelling identified as Dwelling No.3 is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes any sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

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

7) Building Certificate

A Building Certificate is to be provided for the works undertaken without approval, to the ‘Recreation Building,’ to convert it to a dwelling-house. The Building Certificate is to show that the dwellings identified on Plans 750_A& 764_Aare in accordance with the relevant BASIX Certificates numbered 640452S (two bedroom dwelling) & 640442S (three bedroom dwelling).

8) Strata Management Statement

The Strata Management Statement is to be amended as follows:

· To include and be in accordance with Approved Form 27 – By-Laws;

approved Form 27 is available at: http://rgdirections.lpi.nsw.gov.au/__data/assets/pdf_file/0019/25282/Approved_Form_27.pdf

· By-Law 2.9 is to read;

A proprietor of a Strata Title Lot must maintain Bush Fire asset protection zones, & maintain buildings and services erected on the site in accordance with the Bushfire Safety Authority granted for consent 10.2014.337.1.

· By-Law 33 – ‘Section 100B – Bushfire Safety Authority – NSWRFS’, is to read

33.1 This bush fire safety authority, as required under section 100B of the 'Rural Fires Act 1997', is issued subject to the following numbered conditions:

1. The proposed development is to comply with the Site Plan, modified by hand written numbers identifying the dwellings on site, prepared by C. Lonergan, reference 12064_ww and dated 12 April 2012, except where modified by conditions of this Bush Fire Safety Authority.

Asset Protection Zones

2. At the commencement of building works and in perpetuity the property around dwelling No.3 shall be managed as follows:

• North for a distance of 33 metres as an Inner Protection Area.

• East for a distance of 42 metres as an Inner Protection Area.

• South to the boundary as an Inner Protection Area.

• West for a distance of 10 metres as an Inner Protection Area.

3. At the commencement of building works and in perpetuity the property around dwelling No.4 shall be managed as follows:

• North for a distance of 33 metres as an Inner Protection Area.

• East for a distance of 42 metres as an Inner Protection Area.

• South to the boundary as an Inner Protection Area.

• West for a distance of 10 metres as an Inner Protection Area.

Water and Utilities

a) Fire fighting water supply may be provided by a tank, a swimming pool or a dam that shall be located no more than 20 metres from the approved structure.

b) A hardened ground surface for fire fighting truck access is to be constructed up to and within 4 metres of the fire fighting water supply.

d) Non combustible materials (concrete, metal, etc) will only be used to elevate or raise fire fighting water supply tank(s) above the natural ground level.

e) A 65mm metal Storz outlet with a gate or ball valve shall be fitted to any fire fighting water supply tank(s) and accessible for a fire fighting truck.

f) The gate or ball valve, pipes and tank penetration are adequate for the full 50mm inner diameter water flow through the Storz fitting and are constructed of a metal material.

i) An 'SWS' marker shall be obtained and positioned for ease of identification by brigade personnel and other users of the SWS. In this regard:

1. Markers must be fixed in a suitable location so as to be highly visible; and

5. Gas services are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

Evacuation and Emergency Management

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

33.1 Is to be the ‘Emergency/Evacuation Plan’ required to be prepared under condition 6 of the Bushfire Safety Authority

9) Relocation of water tanks

The rainwater storage tanks located on the road reserve outside the western lot boundary are to be located within the Lot.

10) Private Water Supply

The private water supply reticulated to all dwellings located on the property shall be operated and maintained strictly in accordance with a “Quality Assurance Program” submitted to NSW Health in accordance with clause 34 of the Public Health Regulation 2012.

11) On-site sewage management system must be completed

The on-site sewage management system is to be constructed in accordance with approved plans and in accordance with current specifications and standards. The system is not to be used and/or operated until a Council Officer has inspected the system and authorised its use.

12) Approval to Operate required

In accordance with the Local Government Act, an Approval to Operate the onsite sewage management system must be obtained from Council. Forms may be downloaded from Council’s website with 'http://www.byron.nsw.gov.au/on-site-sewage'.

13) Compliance with bushfire conditions under Section 100B of Rural Fires Act 1997

Documentary evidence from a suitably qualified professional is to be submitted to the PCA demonstrating that the bushfire conditions as detailed in the Bushfire Safety Authority have been complied with.

The following conditions are to be complied with at all times

14) Bushfire Protection

All the bushfire protection measures detailed in the Bushfire Safety Authority are to be maintained.

15) Use as an Aged and Disabled Persons Housing Development.

The development is to be maintained as housing for older people or people with disabilities as defined below:

· housing for older people or people with disabilities means residential accommodation which is or is intended to be used permanently as housing for the accommodation of older people or people with a disability.

· older people means people aged 55 years or over.

· people with a disability means people of any age who, as a result of having an intellectual, physical, psychiatric or sensory impairment, either permanently or for an extended period, have substantially limited opportunities to enjoy a full and active life.

16) Potable Water

An adequate and safe drinking water supply shall be maintained to all dwellings located on the property. A safe drinking water supply is one which satisfies the NSW Health private drinking water supply guidelines under the Public Health Act 2010.

17) Waste Storage

Adequate waste storage facilities shall be maintained on the property to contain all waste, recycling and compostable materials generated by residents. Such waste storage facilities shall be maintained in a clean and vermin-proof condition so as not to create a public health risk or cause environmental harm. A screened enclosure to be provided to contain all waste and protect the visual amenity.

18) Waste Disposal

A regular waste service to be maintained for the property to ensure that waste materials do not cause offensive odours or encourage unhealthy pests and vermin. All residents to have easy access to the waste storage and disposal facilities.

19) Rural House numbering

The Rural Address Number for this property is 100 Coolamon Scenic Drive. The Rural Address Number must be clearly displayed at the property’s main driveway entrance. Secondary or alternate driveways entrances should also be clearly numbered.

In the event of an emergency clear rural house numbering assists emergency services personnel to respond efficiently.

20) Adequate and Safe drinking water

21) Adequate waster Storage facilities

22) Regular Waster Service to be maintained

23) Dedicated stored water supply tanks

The dedicated stored water supply tanks (for fire purposes) to be maintained full and in good condition with all required access provisions capable of unrestricted service for any fire response or emergency. Regular service and maintenance to be provided to the static stored water supply to ensure reliable and safe operating status at all times. All stored water tanks to be clearly identified to assist rapid and safe access by fire services.

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

24) Subdivision Certificate application required

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

25) Plan of Subdivision

An Administration Sheet (Original plus one copy) and four copies of the plan of subdivision, in accordance with the approved plans, are to be submitted with the application for a subdivision certificate. The location of all buildings and/or other permanent improvements including fences and internal access driveways/roads must be indicated on 1 of the copies.

26) 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) Rights of Carriageway

The creation of suitable rights of carriageway over the main common driveway access to proposed Lots 1, 2 & 3.

b) Easement for Services (as/where required)

The creation of suitable easements for services for proposed Lots 1, 2, & 3.

c) Easement for Electricity (as/where required)

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

27) Final Occupation Certificate

A copy of the final occupation certificate for this development consent must be submitted with the application for subdivision certificate.

28) Strata Management Statement

The Strata Management Statement must be submitted that incorporates the following amendments:

a). The amendments set out in consent condition No 8 is to be provided.

b). A By-law which restricts the use of to either housing for older people or for people with a disability as defined in consent condition No 16.

29) Certificate for services within easements (as/where required)

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.

30) 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.

31) Telephone Supply Certificate

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

Notes

Protection of the Environment Operations Act 1997:

Reasons

· To ensure access for people with access disabilities.

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

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

· 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.

· To minimise the possible adverse effects from bushfires.

Dial Before You Dig

Underground assets may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

Telecommunications Act 1997 (Commonwealth) Telstra (and its authorised contractors) are the only companies that are permitted to conduct works on Telstra’s network and assets. Any person interfering with a facility or installation owned by Telstra is committing an offence under the Criminal Code Act 1995 (Cth) and is liable for prosecution.

Furthermore, damage to Telstra’s infrastructure may result in interruption to the provision of essential services and significant costs. If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in any way, you are required to contact: Telstra’s Network Integrity Team on Phone Number 1800810443.

Are you dissatisfied with conditions of consent

If you are unhappy with conditions of consent discuss your concerns with the officer who dealt with your application. You may submit an application to Council to modify the consent under Section 96 of the Environmental Planning & Assessment Act, 1979.

You will need to provide reasons why the conditions should be changed or deleted. You may lodge a Section 96 application at any time after the notice of determination. If you are not happy with Council’s decision on your request for modification, then you may appeal to the Land & Environment Court within six (6) months of the notification by Council.

Right of Review

You may request Council to review its decision under Section 82A of the Environmental Planning and Assessment Act, 1979. Such a request must be made within six (6) months of the date of the determination, or if there is an appeal to the Land and Environment Court, up to the time when the court hands down its decision. In reviewing its decision Council is able to consider alterations to the above plans, provided that the Development Application remains substantially the same as the one for which the consent was originally sought, and the changes are publicly notified.

NOTE: This clause does not relate to Integrated Development Applications, applications determined by the Joint Regional Planning Panel or applications previously considered under Section 82A of the Environmental Planning and Assessment Act 1979.

Right of Appeal

If you are dissatisfied with this decision, Section 97 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within six (6) months after the date on which you receive this notice.

Signed on behalf of the Consent Authority

Yours faithfully

Mr I R McIntosh

Development Assessment Officer

Dated: 22 July 2015

TABLE OF CONTENTS

1. BACKGROUND.. 2

2. OBJECTIVES.. 2

3. SCOPE.. 2

4. RELEVANT LEGISLATION AND GUIDELINES.. 2

5. LAND ACQUISITIONS.. 2

5.1 Purposes and Assessment Criteria. 3

5.2 Methods of Acquisition. 3

5.3 Procedure for Acquisition of Land. 5

6. LAND DISPOSALS.. 5

6.1 Disposal Criteria. 6

6.2 Procedure for Sale of Land. 7

7. EASEMENTS.. 9

1. BACKGROUND

From time to time Council will acquire land and dispose of its land assets. Council has duties and obligations under a range of legislation that concerns land acquisition and disposal. This policy has been developed in order to provide the framework for a transparent process that adheres to the relevant legislation.

2. OBJECTIVES

The main objectives of this policy are to –

1. Ensure that Byron Shire Council has open and accountable framework to consider the acquisition and disposal of land assets.

2. Establish the criteria under which Council will consider acquisition and sale of land and easements.

3. SCOPE

This policy applies to all acquisition and disposal of Council lands, easements, and includes interests in land.

Council (as custodian of public assets) acquires and disposes of all property interests in open market format to ensure due probity of process and optimal financial return (and minimal risk). All dealings in Council land can only be achieved through a resolution of Council.

4. RELEVANT LEGISLATION AND GUIDELINES

· Local Government Act 1993

· Valuation of Land Act 1916

· Real Property Act 1900

· Land Acquisition (Just Terms Compensation) Act 1991

· Roads Act 1993

· Environmental Planning and Assessment Act 1979

· Independent Commission Against Corruption, Guidelines for managing risks in direct negotiation, May 2006

· Office Local Government, Land Acquisition Information Guide, December 2014

5. LAND ACQUISITIONS

Section 186 of the Local Government Act prescribes what purposes Council can acquire land for:

(1) A council may acquire land (including an interest in land) for the purpose of exercising any of its functions.

(2) Without limiting subsection (1), a council may acquire:

(a) land that is to be made available for any public purpose for which it is reserved or zoned under an environmental planning instrument, or

(b) land which forms part of, or adjoins or lies in the vicinity of, other land proposed to be acquired under this Part.

At the time of acquisition, Council must resolve the classification of the land to be either Operational or Community land in accordance with sections 25-27 of the Local Government Act.

Section 187 of the Local Government Act prescribes that:

(1) Land that a council is authorised to acquire under this Part may be acquired by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991[ds1] .

(2) A council may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of the Minister.

5.1 Purposes and Assessment Criteria

Properties are to be identified by taking into consideration the purpose for which they need to be acquired, the strategic nature of such properties and the value that such properties have to the community.

5.2 Methods of Acquisition

Acquisition by Agreement and Value

Acquisition by agreement is the preferred process for Council to acquire land.

Council may acquire land that is available for public sale under the same terms as any other prospective purchaser without having to satisfy the requirements of the Land Acquisition (Just Terms Compensation) Act 1991. Where properties are listed for sale on the open market, the General Manager shall negotiate the terms of purchase with either the vendor or the vendor’s agent[ds2] .

If Council identifies land or interests in land that is required to facilitate functions of Council, but the land is not available for public sale, Council may approach the landowner and negotiate the purchase of the required land or interests in land. In this case, the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 apply irrespective of whether the acquisition is by agreement or by compulsory process. This requires Council to pay a fair compensation for the land or interest in land that is being acquired.

Where properties are not listed on the open market, the General Manager is to arrange a valuation report as a basis for negotiation. The valuation report must be attached to the report submitted to Council. In the event of a formal valuation being obtained, the valuation report is to be used as a guide in any negotiations and subsequent report to Council.

Any negotiations are to be on the basis that a formal offer cannot be made until Council has considered a report authorising purchase of the property.

In some cases there may be a justified basis for Council acquiring land or interest in land at a price above the valuation benchmark in order to guarantee the successful securing of the property in order to achieve defined goals and objectives of Council; or to acquire the land with a view to adding value, or reducing risk to a larger scheme or development, future or current.

Any special value should be determined and quantified within the initial decision of Council and referenced to the achievement of specific goals and objectives of Council.

Acquisition by Compulsory Process

If agreement to the acquisition of land or an interest in land cannot be made with the landowner, Council has the right to compulsorily acquire land or an interest in the land. A compulsory acquisition can only be pursued under the requirements of the Roads Act 1993, or the Local Government Act 1993, which give Council the authority to compulsorily acquire land. Compulsory land acquisition can only occur in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

The compulsory process can not be used to acquire land for the purposes of resale.

Compulsory acquisition may become necessary as the effects of climate change impact on the Byron Shire coastline. For more information see “Appendix One”.

For all land and easement acquisitions for properties not listed on the open market, the acquisition must be undertaken in strict accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

The process to be followed for compulsory acquisition is set out in the Land Acquisitions Acquisition Information Guide (December 2014), as issued by the Office of Local Government. It is necessary for Council to satisfy the Office of Local Government that the acquisition is required for a public purpose.

Approval of the Minister for Local Government, and the Governor, is required to finalise the compulsory process.

Compensation for Acquisitions (other than land available for public sale)

The amount of compensation to be paid for land that is compulsorily acquired must be determined by the Valuer General of New South Wales.

In determining the amount for compensation to which a person is entitled, Part 3 Division 4 of the Land Acquisition (Just Terms Compensation) Act 1991 requires that regard must be had to the following matters only:

a) the market value of the land on the date of its acquisition;

b) any special value of the land to the person on the date of its acquisition;

c) any loss attributable to severance;

d) any loss attributable to disturbance;

e) solatium (that is, compensation for non-financial disadvantage arising from the need to relocate as a result of the acquisition); and

any increase or decrease in the value of any other land of the person at the sate of acquisition which adjoins or is severed from the acquired land by reason of the carrying-out of, or the proposal to carry out, the public purpose for which the land was acquired.f) 5.3 Procedure for Acquisition of Land

1) Council Resolution

The acquisition of land cannot be delegated and, as required by the Local Government Act 1993, must be effected by a resolution of Council.

2) Classification

Council must resolve what the classification of the land will be (either Community or Operational) at the time of resolving to acquire the land or in accordance with Sec 31 Local Government Act 1993. The default classification is Community.

3) Method of negotiation

Where a property is placed for sale on the open market, Council can negotiate the purchase price and terms of acquisition to achieve the best possible commercial value.

All other acquisitions must be negotiated having regard to the provisions of the Land Acquisition (Just Terms Compensation) Act 1991.

6. LAND DISPOSALS

Section 45 of the Local Government Act 1993 provides for the type of land Council has the power to dispose of:

(1) A council has no power to sell, exchange or otherwise dispose of community land.

With exception to:

(4) This section does not prevent a council from selling, exchanging or otherwise disposing of community land for the purpose of enabling that land to become, or be added to, a Crown reserve or to become, or be added to, land that is reserved or dedicated under the National Parks and Wildlife Act 1974.

Where land (including surplus areas of public road) is capable of being sold on the open market and able to be developed independently of any other property, the sale shall be by competitive process involving public auction, tender or expression of interest unless circumstances warrant sale by Direct Negotiation as set out below. The Guidelines for Managing Risks in Direct Negotiation published by the Independent Commission Against Corruption shall provide the guidelines for entering into Direct Negotiation.

Council can dispose of land by Direct Negotiation under the following circumstances:

1) Where the total cost of the public sale process will exceed the expected community benefit. For example, where the land is worth $1,000 and the cost to market the land is $5,000.

2) Where there is only one identifiable purchaser. For example, where a site is not large enough for development in its own right (including a portion of road reserve) and is surrounded by public roads on all sides other than the adjoining owner. Where a site adjoins two owners such as laneways, they will each be offered 50%.

3) Where Council is bound by a contractual obligation. For example, a tenant with a first right of refusal, where that tenancy has been entered into as a result of public competition.

4) Disposal of land to a government or utility authority for the purpose of infrastructure provision.

5) Where a public marketing process which has been undertaken within the last 12 months in accordance with this policy has failed to achieve the desired outcome.

6) In response to a proposal which achieves specific policy goals of Council. This exclusion aims to allow Council to respond to an approach for the development of a unique project. Any such proposal must comprise a concept plan and description of the project and clear demonstration of the achievement of specific policy and strategic goals and objectives of Council, e.g. a land-swap transaction.

The report to Council covering these sales will identify the reasons why this sale process was chosen.

For public auction, the General Manager will set the reserve price based on a recommendation of an independent valuer.

6.1 Disposal Criteria

Land and buildings are to be tested against a number of criteria to determine whether the property is retained and developed for community use or developed or sold to realise its commercial potential.

The seven (7) criteria contained in the assessment are:

1) Statutory influences (restrictions or limitations): are there statutory reasons for the Council ownership of the property? This will extend to actual or implied trusts that have been established as a result of Council’s acquisition of the land.

2) Existing usage: Is the land used or likely to be used to meet operational, community or recreational needs?

3) Potential future use: is the land or road likely to be required for Council’s operational needs.

4) Spatial distribution: are there adequate-like facilities and opportunity to meet future needs in the area and serving the local community?

5) Conservation value: does the land or road have cultural, natural or heritage value that should be maintained?

6) Site constraints and opportunities: in addition to conservation value are there other site constraints which may extend to [but not restricted to] flood liability, land slip, mine subsidence or other physical impairment?

7) Maintenance issues: what maintenance requirement does Council have for the land?

Should the proposed sale be impacted by any of these matters, the request shall be refused unless it can be demonstrated that there is a public and/or economic benefit to the sale or the contract conditions can be structured to ensure that the issue is addressed.

6.2 Procedure for Sale of Land

1) Council Resolution

The sale of Council land cannot be delegated and, as required by the Local Government Act 1993, all sales must be effected by a resolution of Council.

2) Classification

All Council land is classified under the Local Government Act 1993 as either operational or community land. The Act provides that only operational land can be sold and if an area of community land is identified as being surplus, the land must first be reclassified to operational prior to that sale proceeding. The process of reclassification must be undertaken in accordance with the Environmental Planning and Assessment Act 1979.

3) Probity Plan

Where land is being sold by direct negotiation, a probity plan will be developed to cover the following matters:

a. obtaining best value for money;

b. demonstrating accountability and transparency;

c. dealing with conflict of interest;

d. providing a fair chance for all to participate;

e. where Council sells property subject to a development application, that application will be assessed independently and submitted to either the Independent Hearing and Assessment Panel or the Joint Regional Planning Panel.

4) Valuation Requirements

Where Council proposes to sell land by direct negotiation and the value of the land is greater than $1m, Council will obtain either:

a. two independent valuations where the site has no special value to an adjoining owner and the market value based on the highest and best use can be established by analysis of direct comparative sales data; or

b. one valuation undertaken jointly by two consultant valuers or a consultant valuer and land economist, quantity surveyor or retail specialist where the sale has a special value either to an adjoining owner or where the purchaser is acquiring the land for a specific purpose for which direct comparable sales data is not available.

For all other Council land proposed to be sold other than by public auction, Council will obtain a valuation from an independent valuer to establish the market value, taking into account the highest and best use of the site and any conditions Council may place on the sale. For land being sold to an adjoining owner, the valuation shall be carried out on an added-value basis and the sale price shall be consistent with the difference in values on a before-and after basis.

Council recognises that valuation advice is not an exact science and it is not unreasonable that a sale price of up to 10% variation from that valuation may be achieved. However, where the negotiated outcome results in a sale price more than 10% less than the assessed market value, it shall be acknowledged in the report to Council giving reason why that variation shall be adopted.

5) Escalation Fee

Where the sale is conditional on the determination of a development application, approval of a road closure or the making of an LEP to reclassify the land to operational, the agreed value shall increase at a rate of 5% pa (or such other amount as determined by Council from time to time) if settlement is not achieved with 12 months from the date of the Council resolution authorising the sale and the delay is not as a result of Council or statutory process.

6) Form of Contract

Where Council resolves to sell community land (subject to reclassification) to a prospective purchaser, a Deed of Agreement shall be entered into between Council and the prospective purchaser committing each party to entering into a contract immediately should the reclassification be finalised. That Deed will be structured so that Council’s regulatory responsibilities are not compromised.

Where Council resolves to sell a portion of public road that is subject to a road closure under the Roads Act 1993 and the value of that land is less than $100,000, the sale can be by memorandum of transfer.[ds3]

All other land sales shall be by contract.

7) Public Road

A Council Public Road reserve must be closed under the Roads Act 1993 to enable the sale to proceed. The closure process is managed by Council and the Department of Primary Industries – Crown Lands Division (DPI – Crown).

An initial decision to move forward with a full or part road closure can be made by delegation of the General Manager. If preliminary investigations find that it is a formed Council Public Road then Council commences pre-lodgement actions. These can be viewed on the DPI-Crown Lands website. Once completed, a successful resolution passed for closure and sale is forwarded with application, along with the appropriate fee and survey plan to the DPI-Crown Lands. On successful closure by DPI-Crown Lands the new freehold title is vested in Council, and vested as operational land. Council would then undertake the necessary land transfer with the applicant.

If the Council Public Road is unformed, then on closing, the title reverts to the Crown, being the NSW Department of Industry, who would then negotiate the transfer of that land with the applicant.

For land that vests in Council upon Closure with the intent for its disposal, the General Manager is to obtain (as per resolution) at least one valuation of the land to be provided by a Registered Valuer to establish the disposal value.

An application for the full or part closure of a Council Public Road Reserve and where applicable, disposal of the Road Reserve, may be initiated by Council or by an individual.

For individual-initiated closures and disposals, a formal request needs to be made in writing by the applicant – addressed to the General Manager. All costs associated with the disposal of the land, including Council’s reasonable legal costs, will be borne by the purchaser.

For closure of classified roads, the approval of the Roads and Maritime Services must be obtained prior to the matter being referred to Council for consideration.

7. EASEMENTS

Easements are a right over a private property for Council to use land for a specific purpose (drainage easement, easement in gross for access etc.) can be in the form of a covenant restricting the use of privately owned land (restriction as to user for unstable land etc) or can be a positive covenant that requires a land owner to use and or maintain the site for a specific use (maintain detention basins etc).

Where Council requires an easement over a private property and the easement is not created in subdivision or as a condition of development consent, compensation may be payable to the land owner and shall be paid to the respective land owner where appropriate. The amount of compensation shall be assessed by a consultant registered valuer in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

Where a Council easement over private land is no longer required, Council can agree to the extinguishment of that easement at the request of the affected land owner. Where appropriate, Council can seek compensation from the landowner for the benefit of that extinguishment as determined by a consultant valuer.

Venue	Cavanbah Centre, Ewingsdale Road, Byron Bay
Date	Thursday, 16 March 2017
Time	2.00pm

Date Adopted by Council		Resolution No.
Document Owner	Director Infrastructure Services
Document Development Officer	Coordinator Legal Services
Review Timeframe	12 Months
Last Review Date:	25/08/2016	Next Scheduled Review Date	24/08/2017

Doc No.	Date Amended	Details/Comments eg Resolution No.
E2016/29999		Draft Policy
E2016/93366		Council Resolution 16-442 stipulated that Council adopt the draft Policy and place it on public exhibition for a minimum period of 28 days. As there were no submissions received, resolution 16-442 determined that the draft Policy be adopted and incorporated into Council’s Corporate Documents Register.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 13 April 2017
Time	9.00am

Venue	Council Chamber, Station Street, Mullumbimby
Date	Thursday, 16 February 2017
Time	2.00pm

Venue	Council Chambers, Station Street, Mullumbimby
Date	Thursday, 13 April 2017
Time	2.00pm