BYRON SHIRE COUNCIL

Ordinary (Planning) Meeting

 

Publicbsc_logo_150dpi_rgb ATTACHMENTS

EXCLUDED FROM THE

Ordinary (Planning) Meeting AGENDA

OF 21 November 2019

        

 

13.  Staff Reports   

Sustainable Environment and Economy

13.1   Community Participation Plan - Submissions Report

Attachment 1... Byron Shire Council Community Participation Plan Final......................... 4

Attachment 2... CPP Community Engagement Report.................................................... 65

Attachment 3... Combined Submissions Community Participation Plan.......................... 78

13.2   Coastal Management Program (Stage One) Scoping Study for Cape Byron to South Golden Beach

Attachment 1... CMP - Stage 1 Scoping Study Report (draft) - Cape Byron to South Golden Beach................................................................................................................. 86

13.3   PLANNING - Planning Proposal for the former Byron Hospital Site 26.2019.7.1

Attachment 1... 26.2019.7.1 Draft Planning Proposal Byron Hospital Site version #1 - PDF          360

13.4   PLANNING - Planning Proposal to rezone the part of the Rail Corridor in Byron Bay that is subject to Byron Bay Railroad Company licence, to SP2 Infrastructure, Byron Bay 26.2019.5.1

Attachment 1... 26.2019.5.1 Rail Corridor Planning Proposal pre-exhibition version..... 383

13.5   PLANNING - Development Application 10.2019.301.1 demolition of existing dwelling house and construction of two (2) new dwellings and two (2) swimming pools to create dual occupancy (detached) at 16 Short Street Brunswick Heads

Attachment 1... 10.2019.301.1 - Proposed plans............................................................ 414

Attachment 2... 10.2019.301.1 - Proposed conditions of consent.................................. 427

13.6   PLANNING - Development Application 10.2019.349.1 Stage 1: De-commissioning of existing dual occupancy to form one (1) dwelling, Stage 2: Construction of new dwelling house to form a dual occupancy and alterations & additions to existing dwelling house at 14 Short Street Brunswick Heads

Attachment 1... 10.2019.349.1 - Proposed Plans............................................................ 439

Attachment 2... 10.2019.349.1 - Proposed Conditions of Consent................................. 447

13.7   PLANNING - Development Application 10.2019.516.1 Alterations & additions to existing dwelling, 36 Roses Road, Federal

Attachment 1... 10.2019.516.1 - Development Application Plans................................... 459

Attachment 2... 10.2019.516.1 - Recommended Conditions of Consent....................... 465

13.8   5G Technology

Attachment 1... Letter to Telstra CEO - Mayoral Minute - 5G Technology - Res 19-324 471

Attachment 2... Letter to Tamara Smith MP Ballina - Mayoral Minute - 5G Technology - Res 19-324............................................................................................................... 472

Attachment 3... Letter to Hon Justine Elliot MP Richmond - Mayoral Minute - 5G Technology - Res 19-324.................................................................................................... 474

Attachment 4... Letter to LGNSW CEO Tara McCarthy - Mayoral Minute - 5G Technology - Res 19-324.................................................................................................... 475

Attachment 5... Letter to Hon Paul Fletcher Minister for Communications - Mayoral Minute - 5G Technology - Res 19-324...................................................................... 477

Attachment 6... Letter to Michelle Rowland MP Shadow Minister for Communications - Mayoral Minute - 5G Technology - Res 19-324.................................................. 478

Attachment 7... Response from Telstra in relation to 5G Technology............................ 479

Attachment 8... Response from Office of the Hon Paul Fletcher MP to Mayor Regarding Deployment of 5G Technology............................................................. 482

Attachment 9... ARPANSA Presentation 5G and Health................................................ 484

Attachment 10. Letter from AMTA re 4G and 5G dated 02/09/2019.............................. 501

Attachment 11. AMTA Fact Sheet - Small Cells: A Guide............................................. 503

Attachment 12. AMTA Fact Sheet - What is 5G?........................................................... 505

Attachment 13. AMTA Fact Sheet - 5G and EMF Explained......................................... 509

13.9   PLANNING - Development Application 10.2019.345.1 Subdivision of Five (5) Lots into Four (4) Lots at 46 Bay Vista Lane Ewingsdale

Attachment 1... 10.2019.345.1 - Proposed Plans............................................................ 521

Attachment 2... 10.2019.345.1 - Recommended conditions of consent......................... 525

13.10 PLANNING - S8.2 Review - Rural Tourist Accommodation 6 Cabins and Swimming Pool, Montecollum Road, Wilsons Creek

Attachment 1... Report 16/05/2019 Planning PLANNING - 10.2018.483.1 Rural Tourist Accommodation Eight (8) cabins and pool............................................ 531

Attachment 2... Report 15/08/2019 Council (Planning) PLANNING - Update on Resolution 19-209 Development Application 10.2018.483.1 Rural Tourist Accommodation Eight (8) Cabins and Swimming Pool at 58 Montecollum Road Wilsons Creek. 553

Attachment 3... Review Application 10.2018.483.1 - Amended Plans........................... 562

Attachment 4... Conditions of consent - 10.2018.483.1.................................................. 567

Attachment 5... Submissions received - 10.2018.483.1.................................................. 586

13.11 PLANNING - Development Application 10.2019.375.1 Alterations and additions to existing commercial development, including extension to outdoor dining area, Porter Street, Byron Bay

Attachment 1... Previous Staff Assessment Report....................................................... 685

Attachment 2... Updated cafe area drawings - following report deferral........................ 701

Attachment 3... Updated Conditions of consent.............................................................. 706

Attachment 4... 10.2019.357.1 - Late submission of objection....................................... 715

13.12 Memorandum of Understanding between Byron Shire Council and North Coast Community Housing

Attachment 1... Memorandum of Understanding - BSC and North Coast Community Housing    716

13.13 PLANNING -  Development Application 10.2019.196.1 Use of Existing Buildings as a Detached Dual Occupancy and Demolition / Removal of Five (5) buildings at 541 Friday Hut Road Possum Creek

Attachment 1... 10.2019.196.1 - Proposed Plans............................................................ 721

Attachment 2... 10.2019.196.1 - Proposed conditions of consent.................................. 728

Attachment 3... 10.2019.196.1 - Submission received................................................... 744

13.14 Byron Shire Local Heritage Grants Program 2019-20

Attachment 7... Byron Shire Local Heritage Grant Summary 2019-20.......................... 747            

   

       


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.1 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.1 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.2 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.3 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy              13.4 - Attachment 1

 

 

 

 

Planning Proposal 26.2019.5.1

for amendment of Byron Local Environmental Plan 2014

to change the zoning of part of the rail

corridor in Byron Bay

 

Byron Shire Council

 

Authority ref: 26.2019.5.1

 

Version #1

 

Date: November 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Document History

Doc No.

Date Amended

Details Comments e.g. Resolution No.

E2019/71925

November 2019

Draft Planning Proposal

 

 

 

 

 

 


 

Contents

Part 1 Introduction. 3

1.1        Objective and intended outcomes. 3

1.2        Subject land. 3

1.3        Background. 3

Part 2 Explanation of provisions. 4

2.1        Rezoning. 4

2.2        Schedule 1 Additional Permitted Uses. 5

2.3        Consequential amendments. 6

Part 3  Justification. 6

Section A  Need for the planning proposal 6

Section B  Relationship to strategic planning framework. 7

Section C  Environmental, social and economic impact 28

Section D    State and Commonwealth interests. 28

Part 4  Mapping. 28

Part 5  Community consultation. 28

Part 6    Project timeline. 29

Conclusion. 29

Appendix 1. 30

 


Part 1 Introduction

1.1    Objective and intended outcomes

The objectives of this planning proposal are to amend the Byron Local Environmental Plan (BLEP14) 2014 to:

1.    change the zoning of the section of rail corridor located between Bayshore Drive and Lawson Street Byron Bay to SP2 Infrastructure; and

2.    insert a new clause within Schedule 1 Additional Permitted Uses, to provide for maintenance works and the like to be carried out without consent by the rail operator.

The Schedule 1 amendment will continue the current provisions applying to the railway undertakings contained within Schedule 12 of Byron LEP 1988.

Consequential amendments to the BLEP14 are also proposed as a result of deferred matter being brought into the BLEP14.  Theses amendments are to the Acid Sulfate Soils Mapping and Land Application Map.

Details of the suggested BLEP14 amendments are outlined in Part 2 of this planning proposal.

1.2    Subject land

This planning proposal relates to land contained within the corridor that houses the North Coast Rail Line, located between Bayshore Drive and Lawson Street in Byron Bay, as shown below in subject land.

The property descriptions that relate to this planning proposal are:

·     Lot 4730 DP 1228112;

·     Part Lot 4731 DP 1228113;

·     Lot 2 DP 915184;

·     Lot 2 Sec 4 DP 1623;

·     Lot 62A DP 915209; and

·     Part Lot 4729 DP 1228104.

The majority of this section of the rail corridor is currently a Deferred Matter under Byron LEP 2014, retaining the 5(a) Special Use zoning under Byron LEP 1988.

A short section of the corridor, consisting of the rail bridge over Belongil Creek, is zoned W1 Natural Waterway under BLEP 2014.

1.3    Background

Byron Bay Railroad Company currently has a licence to operate railway activities on this section of the rail corridor, and they operate a solar-powered train transporting passengers from Lawson Street in the Byron Bay town centre to the Elements Resort at Bayshore Drive (and to the adjoining Arts and Industry Estate).

This is the only section of the rail corridor within Byron Shire that is operational for active rail services.

The planning proposal will reflect the ongoing use of this land for rail transport and allow the proponents to continue to maintain the infrastructure required.

 

Subject Land

Part 2 Explanation of provisions

To accomodate the continued rail transport use of the corridor within this section of the rail line, three amendments are proposed to BLEP14. 

2.1    Rezoning

The provisions of the planning proposal will zone the rail corridor between Bayshore Drive and Lawson Street to SP2 Infrastructure.  This is consistent with the zoning of the rail corridor within the Byron Bay town centre.

The majority of this section of the rail corridor is currently a Deferred Matter under Byron LEP 2014, other than a short section of the corridor, consisting of the rail bridge over Belongil Creek, which is zoned W1 Natural Waterway, and another short section adjacent to Lawson Street in the Town Centre, which is zoned SP2 Infrastructure.

Currently, the deferred areas retain the zoning under BLEP 1988, which is a combination of 5(a) Special Uses (Bayshore Drive to Kendall Street) and 7(f2) Urban Coastal Land (Kendall Street to Lawson Street).

The change of zoning from W1 Natural Waterways will only occur on the area of the existing bridge across Belongil Creek.  The proposed zoning is shown on a map in Appendix 1.

Given the zoning of the land under BLEP14 will apply to land presently identified as Deferred Matter and W1 Natural Waterways in accordance with the provisions of BLEP14, it is considered that no amendment is required to BLEP88. 

The SP2 Infrastructure zone is the appropriate zoning for an operational rail corridor under BLEP2014.  The objectives and permissibility of the SP2 zone are shown below.

Zone SP2   Infrastructure

1     Objectives of zone

·      To provide for infrastructure and related uses.

·      To prevent development that is not compatible with or that may detract from the provision of infrastructure.

2     Permitted without consent

Environmental protection works

3     Permitted with consent

Environmental facilities; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4     Prohibited

Any development not specified in item 2 or 3

2.2    Schedule 1 Additional Permitted Uses

An additional clause is proposed to be added to Schedule 1 of BLEP 2014 to permit nominated rail-related works to be undertaken within this section of the rail corridor without development consent, in accordance with Clause 2.5 of BLEP14.  This Schedule 1 amendment will also require an amendment to the Additional Permitted Uses Map in BLEP14.

The proposed amendment to Schedule 1 will reflect the existing provisions of Schedule 12 within BLEP88, which permits nominated railway undertakings without consent. 

The following is proposed to be inserted in Schedule 1 of BLEP14:

Schedule 1 Additional Permitted Uses

10.     Use of certain land comprising rail corridor at Byron Bay

(1)   This clause applies to land within the North Coast Rail Corridor, located between Bayshore Drive and Lawson Street, Byron Bay, being:

·      Lot 4730 DP 1228112;

·      Part Lot 4731 DP 1228113;

·      Lot 2 DP 915184;

·      Lot 2 Sec 4 DP 1623;

·      Lot 62A DP 915209; and

·     Part Lot 4729 DP 1228104.

(2)   Development for the purpose of a railway or rail infrastructure facilities may be carried out without consent.

(3)   In this clause, a reference to development for the purpose of a railway or rail infrastructure facilities includes a reference to operation of a railway and to development for any of the following purposes if the development is in connection with a railway or rail infrastructure facilities:

(a)   any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and

(b)   the erection within the limits of a railway station of buildings for any purpose,

but excluding:

(c)   the construction of new railways, railway stations and bridges over roads, and

(d)   the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration of railway stations or bridges so as materially to affect their design, and

(e)        the formation or alteration of any means of access to a road, and

(f)    the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.

The proposed clause seeks to maintain existing provisions within Schedule 12 of BLEP88 and also refine the provisions contained within clause 79 of State Environmental Planning Policy (Infrastructure) 2007.

The SEPP provision allows railway works, including maintenance, to be undertaken without development consent, but only where those works are carried out “by or on behalf of a public authority”.

The Byron Bay Railroad Company is not a public authority, and operates the existing rail operation under licence from Transport for NSW.

2.3    Consequential amendments

As this planning proposal introduces zones on areas currently deferred under BLEP14, consequential amendments will be required to the Land Application Map and the Acid Sulfate Soils Map, as these are not currently mapped for this specific site in the BLEP 2014.

Part 3  Justification

Section A  Need for the planning proposal

Q1.  Is the planning proposal a result of any strategic study or report?

This is an applicant initiated planning proposal and is not a direct result of any strategic study or report.  However, the planning proposal is consistent with and will support a number of strategies as outlined in Q4.

Q2.  Is the planning proposal the best means of achieving the objective or intended outcomes, or is there a better way?

Yes.  The planning proposal is considered the best means of achieving an appropriate zoning on the rail corridor to facilitate rail transport.

 

Section B  Relationship to strategic planning framework

Q3.  Is the planning proposal consistent with the objectives and actions of the applicable regional, sub-regional or district plan or strategy (in this case the North Coast Regional Plan 2036)?

Yes.  The planning proposal is consistent with the North Coast Regional Plan 2036, which is a 20-year blueprint for the future of the North Coast.  The NSW Government’s vision for the North Coast is to create the best region in Australia to live, work and play, thanks to its spectacular environment and vibrant communities.  The consistency of the planning proposal with the three principles of the North Coast Regional Plan 2036 is demonstrated in the table below.

Principle

Consistency

1.    DIRECT GROWTH TO IDENTIFIED URBAN GROWTH AREAS

Urban growth areas have been identified to achieve a balance between urban expansion and protecting coastal and other environmental assets.  They help maintain the distinctive character of the North Coast, direct growth away from significant farmland and sensitive ecosystems and enable efficient planning for infrastructure and services.

The proposal relates to the existing railway corridor and the rail services provide transport for existing urban areas, whilst not significantly impacting on sensitive ecosystems.

2.    MANAGE THE SENSITIVE COASTAL STRIP

The coastal strip comprises land east of the planned Pacific Highway alignment plus the urban areas of Tweed Heads around the Cobaki Broadwater.  The coastal strip is ecologically diverse and contains wetlands, lakes, estuaries, aquifers, significant farmland, and has areas of local, State, national and international environmental significance. Much of this land is also subject to natural hazards, including flooding, coastal inundation, erosion and recession.

The existing rail corridor is located within the coastal strip.  However, the proposal does not provide for any substantial changes to the existing corridor infrastructure.

3.    PROVIDE GREAT PLACES TO LIVE AND WORK IN A UNIQUE ENVIRONMENT

Making cities and centres the focus of housing diversity, jobs and activities makes communities more vibrant and active, reduces pressure on the environment, and makes it easier for residents to travel to work and access services.

The planning proposal contributes to creating great places to work.  The service operates between Sunrise and Arts & Industrial Estate and the town centre and is used by local residents for daily commuter trips and by visitors. 

Q4.  Is the planning proposal consistent with a council’s local strategy or other local strategic plan?

The planning proposal is consistent with a number of Council’s strategic plans, including the Byron Bay Town Centre Masterplan.  A key objective of the masterplan aims to reduce vehicle traffic in the Byron town centre and promote people over cars.  Facilitating the use of the rail corridor to provide a connection to the Arts and Industrial Estate, Sunrise and the town centre further reduces the need for vehicle traffic in the town centre.

Council’s Community Strategic Plan (CSP) is a document that sets out the collective vision for the next 10 years and highlights our priorities and aspirations. It is a collective document that is facilitated by Council in collaboration with the community and other partners. The CSP identifies 5 community objectives to achieve the collective vision. This planning proposal is consistent with the community objectives in the CSP as demonstrated in the below table.

Community Objective

Consistency

We have infrastructure, transport and services that meet our expectations

This planning proposal helps to enable the solar train that provides alternative and sustainable transport options for travel between Sunrise, the Arts and Industry Estate and Byron Bay town centre

We cultivate and celebrate our diverse cultures, lifestyle and sense of community

The solar train is a world first and establishes Byron Shire as an example of an energy efficient transport mode.

We protect and enhance our natural environment

There is unlikely to be any negative impacts to the natural environment as a result of this proposal.  Providing sustainable travel options helps reduce carbon emissions.

We manage growth and change responsibly

No growth is facilitated through this planning proposal.  Providing alternative transport options helps to reduce congestion issues and provide easy access for residents and visitors in the town centre

We have community led decision making which is open inclusive

This planning proposal will be exhibited for a minimum of 28 days allowing the community to participate in the progression of any LEP amendment.

Q5.  Is the planning proposal consistent with applicable State Environmental Planning Policies (SEPPs)?

The State Environmental Planning Policies relevant to this Planning Proposal are as follows

State Environmental Planning Policy (SEPP)

Compliance of Planning Proposal

SEPP Coastal Management 2018

 

The Coastal Management SEPP applies to majority of the subject land.  The land is mapped in proximity to coastal wetlands and littoral rainforest.  However, it is anticipated that the works associated with the continued operation of the railway corridor will not result in significant impacts to the coastal wetlands or littoral rainforest.

The proposed use of the corridor will not impact on the biophysical, hydrological or ecological integrity of the adjacent coastal wetland or littoral rainforest.

The corridor is cleared and the operation of the rail service is confined to the existing tracks.

The use of the corridor does not impact on the quantity or quality of surface and groundwater flows to and from the adjacent coastal wetland or littoral rainforest.

It is anticipated that the works associated with the continued operation of the railway corridor will not result in significant impacts.

SEPP Infrastructure 2007

 

 

The Infrastructure SEPP provides for certain works associated with railways to be undertaken with and without development consent, primarily where they are undertaken by, or on behalf of a public authority.  The provisions of the Infrastructure SEPP enable maintenance, repair etc. without consent only where they are undertaking by or on behalf of a public authority. 

As highlighted above, the Byron Bay Railroad Company operates under a Licence issued by Transport for NSW, but it is not a public authority.

The proposed Schedule 1 clause will allow the continued maintenance of the rail facilities, which would otherwise require development consent.

SEPP 55 Remediation of Land

 

Rezoning the subject site will not facilitate any new works within the corridor.  Therefore, no further contamination studies are required.

Q6.  Is the planning proposal consistent with the applicable Ministerial Directions (s.9.1 directions)?

Consistency with the Local Planning Directions is assessed in the following table.


S9.1 Direction

Application

Relevance to this planning proposal

Consistency

1.    Employment and Resources

1.1 Business and Industrial Zones

 

Applies when a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed business or industrial zone (including the alteration of any existing business or industrial zone boundary)

This planning proposal does not apply to a business or industrial zone.

Not Applicable

1.2 Rural Zones

Applies when a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed rural zone (including the alteration of any existing rural zone boundary).

The objective of this direction is to protect the agricultural production value of rural land.

Under this direction a planning proposal must:

(a)   not rezone land from a rural zone to a residential, business, industrial, village or tourist zone.

This planning proposal does not apply to any rural zones.

Not Applicable

1.3 Mining, Petroleum Production and Extractive Industries

Applies when a relevant planning authority prepares a planning proposal that would have the effect of:

(a)   prohibiting the mining of coal or other minerals, production of petroleum, or winning or obtaining of extractive materials, or

(b)   restricting the potential development of resources of coal, other minerals, petroleum or extractive materials which are of State or regional significance by permitting a land use that is likely to be incompatible with such development.

Not Applicable

Not Applicable

1.4 Oyster Aquaculture

Applies when a relevant planning authority prepares any planning proposal that proposes a change in land use which could result in:

(a)   adverse impacts on a Priority Oyster Aquaculture Area or a “current oyster aquaculture lease in the national parks estate”, or

(b)   incompatible use of land between oyster aquaculture in a Priority Oyster Aquaculture Area or a “current oyster aquaculture lease in the national parks estate” and other land uses.

Not Applicable

Not Applicable

1.5 Rural Lands

The objectives of this direction are to:

(a)   protect the agricultural production value of rural land;

(b)   facilitate the orderly and economic development of rural lands for rural and related purposes.

Applies when:

(a)   a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed rural or environment protection zone (including the alteration of any existing rural or environment protection zone boundary), or

(b)   a relevant planning authority prepares a planning proposal that changes the existing minimum lot size on land within a rural or environment protection zone.

A planning proposal to which clauses (a) and (b) apply must be consistent with the Rural Planning Principles listed in State Environmental Planning Policy (Rural Lands) 2008.

This planning proposal does not apply to any rural zones.

Not Applicable

2.    Environment and Heritage

2.1 Environment Protection Zones

The objective of this direction is to protect and conserve environmentally sensitive areas. A planning proposal must include provisions that facilitate the protection and conservation of environmentally sensitive areas.
A planning proposal that applies to land within an environment protection zone or land otherwise

identified for environment protection purposes in a LEP must not reduce the environmental protection standards that apply to the land (including by modifying development standards that apply to the land). This requirement does not apply to a change to a development standard for minimum lot size for a dwelling in accordance with clause (5) of Direction 1.5 “Rural Lands”.

This planning proposal does not affect any Environmental Protection Zones

Not Applicable

2.2 Coastal Protection Zones

This direction applies to land that is within the coastal zone, as defined under the Coastal Management Act 2016 - comprising the coastal wetlands and littoral rainforests area, coastal vulnerability area, coastal environment area and coastal use area - and as identified by the State Environmental Planning Policy (Coastal Management) 2018.

A planning proposal must include provisions that give effect to and are consistent with:

(a)   the objects of the Coastal Management Act 2016 and the objectives of the relevant coastal management areas;

(b)   the NSW Coastal Management Manual and associated Toolkit;

(c)   NSW Coastal Design Guidelines 2003; and

(d)   any relevant Coastal Management Program that has been certified by the Minister, or any Coastal Zone Management Plan under the Coastal Protection Act 1979 that continues to have effect under clause 4 of Schedule 3 to the Coastal Management Act 2016, that applies to the land.

A planning proposal must not rezone land which would enable increased development or more

intensive land-use on land:

(a)   within a coastal vulnerability area identified by the State Environmental Planning Policy (Coastal Management) 2018; or

(b)   that has been identified as land affected by a current or future coastal hazard in a local environmental plan or development control plan, or a study or assessment undertaken:

(i)    by or on behalf of the planning proposal authority and the planning proposal authority, or

(ii)   by or on behalf of a public authority and provided to the planning proposal authority.

A planning proposal for a Local Environmental Plan may propose to amend the following maps,

including increasing or decreasing the land within these maps, under the State Environmental

Planning Policy (Coastal Management) 2018:

(a)   Coastal wetlands and littoral rainforests area map;

(b)   Coastal vulnerability area map;

(c)   Coastal environment area map; and

(d)   Coastal use area map

Such a planning proposal must be supported by evidence in a relevant Coastal Management

Program that has been certified by the Minister, or by a Coastal Zone Management Plan under the

Coastal Protection Act 1979 that continues to have effect under clause 4 of Schedule 3 to the

Coastal Management Act 2016.

This planning proposal will not enable increased development or more intensive land use on the land.

Consistent

2.3 Heritage Conservation

A planning proposal must contain provisions that facilitate the conservation of:

(a)   items, places, buildings, works, relics, moveable objects or precincts of environmental heritage significance to an area, in relation to the historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value of the item, area, object or place, identified in a study of the environmental heritage of the area,

(b)   Aboriginal objects or Aboriginal places that are protected under the National Parks and Wildlife Act 1974, and

(c)   Aboriginal areas, Aboriginal objects, Aboriginal places or landscapes identified by an Aboriginal heritage survey prepared by or on behalf of an Aboriginal Land Council, Aboriginal body or public authority and provided to the relevant planning authority, which identifies the area, object, place or landscape as being of heritage significance to Aboriginal culture and people.

While the subject site is not mapped as a heritage item or conservation area under the BLEP14, the proposal will allow for the continued use of the old railway, helping to preserve and promote the historic use of the rail corridor in Byron Bay.  

Consistent

2.4 Recreation Vehicle Areas

A planning proposal must not enable land to be developed for the purpose of a recreation vehicle

area (within the meaning of the Recreation Vehicles Act 1983):

(a)   where the land is within an environmental protection zone,

(b)   where the land comprises a beach or a dune adjacent to or adjoining a beach,

(c)   where the land is not within an area or zone referred to in paragraphs (4)(a) or (4)(b) unless the relevant planning authority has taken into consideration:

(i)    the provisions of the guidelines entitled Guidelines for Selection, Establishment and Maintenance of Recreation Vehicle Areas, Soil Conservation Service of New South Wales, September, 1985, and

(ii)   the provisions of the guidelines entitled Recreation Vehicles Act, 1983, Guidelines for Selection, Design, and Operation of Recreation Vehicle Areas, State Pollution Control Commission, September 1985

Not Applicable

Not Applicable

2.5 Application of E2 and E3 Zones and Environmental Overlays in Far North Coast LEPs

This direction applies when a relevant planning authority prepares a planning proposal:

(a)   that introduces or alters an E2 Environmental Conservation or E3 Environmental Management zone;

(b)   that introduces or alters an overlay and associated clause.

The proposal will not impact on any areas of ecological significance.

Consistent

3.   Housing, Infrastructure and Urban Development

3.1 Residential Zones

This direction applies when a relevant planning authority prepares a planning proposal that will affect land within:

(a)   an existing or proposed residential zone (including the alteration of any existing residential zone boundary),

(b)   any other zone in which significant residential development is permitted or proposed to be permitted.

A planning proposal must include provisions that encourage the provision of housing that will:

(a)   broaden the choice of building types and locations available in the housing market, and

(b)   make more efficient use of existing infrastructure and services, and

(c)   reduce the consumption of land for housing and associated urban development on the urban fringe, and

(d)   be of good design.

A planning proposal must, in relation to land to which this direction applies:

(a)   contain a requirement that residential development is not permitted until land is adequately serviced (or arrangements satisfactory to the council, or other appropriate authority, have been made to service it), and

(b)   not contain provisions which will reduce the permissible residential density of land

A small portion of the subject site is zoned 7(f2) Urban Coastal Land which overflows from the adjoining urban coastal housing adjacent to the rail corridor. The zoning change only applies to the rail corridor which is currently utilised by the solar train. Due to the minor urban zoning and the continued use of the subject site, the proposed SP2 zoning will not have any negative impacts on available residential land.

Justifiably Inconsistent

3.2 Caravan Parks and Manufactured Home Estates

In identifying suitable zones, locations and provisions for caravan parks in a planning proposal, the relevant planning authority must:

(a)   retain provisions that permit development for the purposes of a caravan park to be carried out on land, and

(b)   retain the zonings of existing caravan parks, or in the case of a new principal LEP zone the land in accordance with an appropriate zone under the Standard Instrument (Local Environmental Plans) Order 2006 that would facilitate the retention of the existing caravan park

In identifying suitable zones, locations and provisions for manufactured home estates (MHEs) in a planning proposal, the relevant planning authority must:

(a)   take into account the categories of land set out in Schedule 2 of SEPP 36 as to where MHEs should not be located,

(b)   take into account the principles listed in clause 9 of SEPP 36 (which relevant planning authorities are required to consider when assessing and determining the development and subdivision proposals), and

(c)   include provisions that the subdivision of MHEs by long term lease of up to 20 years or under the Community Land Development Act 1989 be permissible with consent.

Not applicable

Not Applicable

3.3 Home Occupations

Planning proposals must permit home occupations to be carried out in dwelling houses without the need for development consent.

Not Applicable

Not Applicable

3.4 Integrating Land Use and Transport

This direction applies when a relevant planning authority prepares a planning proposal that will

create, alter or remove a zone or a provision relating to urban land, including land zoned for residential, business, industrial, village or tourist purposes. A planning proposal must locate zones for urban purposes and include provisions that give effect to and are consistent with the aims, objectives and principles of:

(a)   Improving Transport Choice – Guidelines for planning and development (DUAP 2001), and

(b)   The Right Place for Business and Services – Planning Policy (DUAP 2001).

A small section of the subject site is currently zoned 7(f2) Urban Coastal Land.  There is no housing or development in the rail corridor other than rail infrastructure.  This planning proposal will enable integrated transport within close proximity to residential land

Consistent

3.5 Development Near Regulated Airports and Defence Airfields

This direction applies when a relevant planning authority prepares a planning proposal that will create, alter or remove a zone or a provision relating to land near a regulated airport which includes a defence airfield.

Not Applicable

Not Applicable

3.6 Shooting Ranges

This direction applies when a relevant planning authority prepares a planning proposal that will

affect, create, alter or remove a zone or a provision relating to land adjacent to and/ or adjoining an existing shooting range. A planning proposal must not seek to rezone land adjacent to and/ or adjoining an existing shooting

range that has the effect of:

(a)   permitting more intensive land uses than those which are permitted under the existing zone; or

(b)   permitting land uses that are incompatible with the noise emitted by the existing shooting range.

Not Applicable

Not Applicable

4.   Hazard and Risk

4.1 Acid Sulfate Soils

This direction applies when a relevant planning authority prepares a planning proposal that will apply to land having a probability of containing acid sulfate soils as shown on the Acid Sulfate Soils Planning Maps.

A relevant planning authority must not prepare a planning proposal that proposes an intensification

of land uses on land identified as having a probability of containing acid sulfate soils on the Acid Sulfate Soils Planning Maps unless the relevant planning authority has considered an acid sulfate soils study assessing the appropriateness of the change of land use given the presence of acid sulfate soils. The relevant planning authority must provide a copy of any such study to the Director General prior to undertaking community consultation in satisfaction of section 57 of the Act.

Any disturbance of potential acid sulfate soils will address the relevant provisions of BLEP14. The planning proposal will not result in the intensification of the land. An amendment to the Acid Sulfate Soils Map in BLEP14 will be required as the land will no longer be deferred matter.

Consistent

4.2 Mine Subsidence and Unstable Land

This direction applies to land that:

(a)   is within a Mine Subsidence District proclaimed pursuant to section 15 of the Mine Subsidence Compensation Act 1961, or

(b)   has been identified as unstable land.

This direction applies when a relevant planning authority prepares a planning proposal that permits development on land that:

(a)   is within a mine subsidence district, or

(b)   has been identified as unstable in a study, strategy or other assessment

Not Applicable

Not Applicable

4.3 Flood Prone Land

This direction applies when a relevant planning authority prepares a planning proposal that creates, removes or alters a zone or a provision that affects flood prone land.

A planning proposal must include provisions that give effect to and are consistent with the NSW

Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005 (including

the Guideline on Development Controls on Low Flood Risk Areas).

A planning proposal must not rezone land within the flood planning areas from Special Use, Special Purpose, Recreation, Rural or Environmental Protection Zones to a Residential, Business, Industrial, Special Use or Special Purpose Zone.

A planning proposal must not contain provisions that apply to the flood planning areas which:

(a)   permit development in floodway areas,

(b)   permit development that will result in significant flood impacts to other properties,

(c)   permit a significant increase in the development of that land,

(d)   are likely to result in a substantially increased requirement for government spending on flood mitigation measures, infrastructure or services, or

(e)   permit development to be carried out without development consent except for the purposes of agriculture (not including dams, drainage canals, levees, buildings or structures in floodways or high hazard areas), roads or exempt development.

A planning proposal must not impose flood related development controls above the residential flood planning level for residential development on land, unless a relevant planning authority provides adequate justification for those controls to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General).

For the purposes of a planning proposal, a relevant planning authority must not determine a flood planning level that is inconsistent with the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas) unless a relevant planning authority provides adequate justification for the proposed departure from that Manual to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General).

The subject site is mapped as flood prone land.  As the zone changes reflect the existing zoning and uses of the site from the BLEP88 it is considered appropriate to rezone the site to SP2 Infrastructure.

Justifiably Inconsistent

4.4 Planning for Bushfire Protection

This direction applies when a relevant planning authority prepares a planning proposal that will

affect, or is in proximity to land mapped as bushfire prone land.

In the preparation of a planning proposal the relevant planning authority must consult with the

Commissioner of the NSW Rural Fire Service following receipt of a gateway determination under section 56 of the Act, and prior to undertaking community consultation in satisfaction of section 57 of the Act, and take into account any comments so made, A planning proposal must:

(a)   have regard to Planning for Bushfire Protection 2006,

(b)   introduce controls that avoid placing inappropriate developments in hazardous areas, and

(c)   ensure that bushfire hazard reduction is not prohibited within the APZ.

A planning proposal must, where development is proposed, comply with the following provisions, as

appropriate:

(a)   provide an Asset Protection Zone (APZ) incorporating at a minimum:

(i)    an Inner Protection Area bounded by a perimeter road or reserve which circumscribes the hazard side of the land intended for development and has a building line consistent with the incorporation of an APZ, within the property, and

(ii)   an Outer Protection Area managed for hazard reduction and located on the bushland side of the perimeter road,

(b)   for infill development (that is development within an already subdivided area), where an appropriate APZ cannot be achieved, provide for an appropriate performance standard, in consultation with the NSW Rural Fire Service. If the provisions of the planning proposal permit Special Fire Protection Purposes (as defined under section 100B of the Rural Fires Act 1997), the APZ provisions must be complied with,

(c)   contain provisions for two-way access roads which links to perimeter roads and/or to fire trail networks,

(d)   contain provisions for adequate water supply for firefighting purposes,

(e)   minimise the perimeter of the area of land interfacing the hazard which may be developed,

(f)    introduce controls on the placement of combustible materials in the Inner Protection Area.

This planning proposal applies to land that is mapped as bushfire prone land; however the proposal will not result in any residential zoning or intensification of the land.

 

Consultation with NSW RFS will occur after the Gateway determination.

Consistent

5.    Regional Planning

5.1 Implementation of Regional Strategies

This direction applies to land to which the following regional strategies apply:

(a)   South Coast Regional Strategy (excluding land in the Shoalhaven LGA)

(b)   Sydney–Canberra Corridor Regional Strategy

Not Applicable

Not Applicable

5.2 Sydney Drinking Water Catchments

Applies when a relevant planning authority prepares a planning proposal that applies to the hydrological catchment.

Not Applicable

Not Applicable

5.3 Farmland of State and Regional Significance on the NSW Far North Coast

This applies to Byron Shire Council except within areas contained within the “urban growth area” mapped in the North Coast Regional Plan 2036.

A planning proposal must not:

(a)   rezone land identified as “State Significant Farmland” for urban or rural residential purposes.

(b)   rezone land identified as “Regionally Significant Farmland” for urban or rural residential purposes.

(c)   rezone land identified as “significant non-contiguous farmland” for urban or rural residential purposes.

The subject site is not mapped as important farmland under the North Coast Regional Plan 2036

Consistent

5.4 Commercial and Retail Development along the Pacific Highway, North Coast

This Direction applies when a relevant planning authority prepares a planning proposal for land in

the vicinity of the existing and/or proposed alignment of the Pacific Highway.

A planning proposal that applies to land located on “within town” segments of the Pacific Highway

must provide that:

(a)   new commercial or retail development must be concentrated within distinct centres rather than spread along the highway;

(b)   development with frontage to the Pacific Highway must consider impact the development has on the safety and efficiency of the highway; and

(c)   for the purposes of this paragraph, “within town” means areas which, prior to the draft local environmental plan, have an urban zone (e.g.: “village”, “residential”, “tourist”, “commercial”, “industrial”, etc.) and where the Pacific Highway speed limit is less than 80km/hour.

A planning proposal that applies to land located on “out-of-town” segments of the Pacific Highway

must provide that:

(a)   new commercial or retail development must not be established near the Pacific Highway if this proximity would be inconsistent with the objectives of this Direction;

(b)   development with frontage to the Pacific Highway must consider the impact the development has on the safety and efficiency of the highway; and

(c)   for the purposes of this paragraph, “out-of-town” means areas which, prior to the draft local environmental plan, do not have an urban zone (e.g.: “village”, “residential”, “tourist”, “commercial”, “industrial”, etc.) or are in areas where the Pacific Highway speed limit is 80km/hour or greater.

Not Applicable

Not Applicable

5.5 – 5.8 Revoked

-

-

-

5.9 North West Rail Link Corridor Strategy

Not Applicable

Not Applicable

Not Applicable

5.10 Implementation of Regional Plans

Planning proposals must be consistent with a Regional Plan released by the Minister for Planning.

The consistency of this planning proposal with the North Coast Regional Plan is addressed in Section B above.

Consistent

6.   Local Plan Making

6.1 Approval and Referral Requirements

A planning proposal must:

(a)   minimise the inclusion of provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority, and

(b)   not contain provisions requiring concurrence, consultation or referral of a Minister or public authority unless the relevant planning authority has obtained the approval of:

(i)    the appropriate Minister or public authority, and

(ii)   the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General), prior to undertaking community consultation in satisfaction of section 57 of the Act, and

(c)   not identify development as designated development unless the relevant planning authority:

(i)    can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) that the class of development is likely to have a significant impact on the environment, and

(ii)   has obtained the approval of the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) prior to undertaking community consultation in satisfaction of section 57 of the Act.

General arrangements with respect to development approval are embodied in the amendments proposed, however it is unlikely that any approvals will be needed from Ministers or public authorities.

Consistent

6.2 Reserving Land for Public Purposes

A planning proposal must not create, alter or reduce existing zonings or reservations of land for public purposes without the approval of the relevant public authority and the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General).

Not Applicable

Not Applicable

6.3 Site Specific Provisions

This direction applies when a relevant planning authority prepares a planning proposal that will allow a particular development to be carried out.

A planning proposal that will amend another environmental planning instrument in order to allow a particular development proposal to be carried out must either:

(a)   allow that land use to be carried out in the zone the land is situated on, or

(b)   rezone the site to an existing zone already applying in the environmental planning instrument that allows that land use without imposing any development standards or requirements in addition to those already contained in that zone, or

(c)   allow that land use on the relevant land without imposing any development standards or requirements in addition to those already contained in the principal environmental planning instrument being amended.

A planning proposal must not contain or refer to drawings that show details of the development

proposal.

The planning proposal seeks to apply the SP2 Zone to the rail corridor, which is consistent with the zoning of the existing rail corridor in the town centre.  The Schedule 1 provisions proposed do not impose any development standards and allows for the continued use of the rail corridor as per BLEP88.

Consistent


Section C  Environmental, social and economic impact

Q7.  Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal?

It is unlikely that any critical habitat or ecological impacts will occur as a result of this planning proposal. The site will continue to be used for its current use a railway for the solar train.

Q8. Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed

It is unlikely that there will be any environmental effects as a result of this planning proposal. Promoting alternative, sustainable transport options helps to reduce the emissions released as a result of private vehicle travel.

Q9. Has the planning proposal adequately addressed any social and economic effects?

As mentioned earlier, this planning proposal will allow for the continued use of the rail corridor for rail transport.  This will have a positive social and economic impact for the Shire as the solar train provides an alternative transport option and connects the Byron Bay town centre with Elements Resort and the Arts and Industrial Estate.

Section D    State and Commonwealth interests

Q10. Is there adequate public infrastructure for the planning proposal?

Yes, the solar train currently operates on existing rail infrastructure. This proposal will allow for the continued upkeep of this infrastructure.

Q11. What are the views of state and Commonwealth public authorities consulted in accordance with the Gateway determination?

Byron Bay Railroad Company currently has a lease form Transport for NSW to use the subject site for the solar train and has been in operation for a number of years. Transport for NSW has provided consent for the submission of this planning proposal and will provide comments during the formal exhibition. 

At this stage, no other state or public agencies have been consulted. Consultation will occur in line with the Gateway determination.  It is unlikely that any agencies will contest this proposal.

Part 4  Mapping

Amendments will be required to the following Byron LEP 2014 map sheets:

Land Zoning Map - Sheet LZN_003CC

Additional Permitted Uses Map - Sheet APU_003CC

Land Application Map - Sheet LAP_001

Acid Sulfate Soils Map - Sheet ASS_003CC

The Zoning map is attached in Appendix 1.

Part 5  Community consultation

Community consultation will be conducted in accordance with the Gateway determination.

Notification of the exhibited planning proposal will include:

·     a newspaper advertisement that circulates in the Byron LGA

·     updates to Council’s website

·     notification to relevant State agencies

Part 6    Project timeline

The proposed timeline for the completion of the Planning Proposal is as follows:

Plan making step

Estimated completion

Gateway Determination

January 2020

Agency Consultation

February  2020

Public Exhibition Period

February 2020

Submissions Assessment

April 2020

Submission of endorsed LEP amendment to Parliamentary Counsel for drafting (delegated authority)

May 2020

Council to make the LEP amendment (delegated authority)

June 2020

LEP amendment notification

June 2020

 

Conclusion

This Planning Proposal seeks an amendment to BLEP14 to apply the SP2 Infrastructure Zone to the existing rail corridor and a Schedule 1 amendment to ensure the permissibility of any maintenance work required for the continued operation of the rail service.

The Planning Proposal for the rail corridor between Bayshore Drive and Lawson Street Byron Bay is a product of many factors.  Those factors include:

·     policies of all levels of government to promote the orderly development and use of land which can be demonstrated to be suitable for infrastructure provision;

·     strong demand for increased affordable transport opportunities within Byron Shire; and

·     the opportunity to apply a consistent zoning to the existing rail corridor within which train services operate.

The proposal presents an appropriate amendment to BLEP14 which is consistent with local, State and Regional planning strategic directions.  


Appendix 1

Proposed Zoning


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.6 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.6 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                                                   13.7 - Attachment 1

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1)   BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy              13.7 - Attachment 2

 

SCHEDULE 1     CONDITIONS OF CONSENT

 

 

Parameters 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:

CC 01 A

Site Plan & Location Plan

Julie Lipsett Architect

30/08/19

CC 02 A

Existing/ Demolition Plans & Elevations

CC 05 A

Proposed Floor Plan

CC 06 A

Proposed Elevations

CC 07 A

Proposed Sections

CC 08 A

Windows

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

2.  

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 and colours consistent with the provisions of Development Control Plan 2014 – Chapter D2.2.3 - Character and Visual Impact.  Please note that colours must be non-reflective earth tone colours and that the use of white and near white colours is not permissible.

 

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

 

3.  

Long Service Levy to be paid

In accordance with Section 6.8 of the Environmental Planning and Assessment Act 1979 (as amended), a Construction Certificate for building works shall not be issued until any Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid (as applicable).

 

These payments can be made online at www.longservice.nsw.gov.au. Proof of payment is required to be submitted with the Construction Certificate application.

 

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

 

4.  

Site Waste Minimisation and Management

All works must comply with the objectives of waste minimisation and waste management of Part B8.1.2 of DCP 2014.

 

5.  

Tree Removal

No trees or vegetation to be cleared or removed until a Construction Certificate has been issued.

 

6.  

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.

 

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

7.  

Erosion and sediment measures

Where erosion of soils or runoff of any substance is likely to occur, erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites.  This may include stockpiled materials such as sand, etc.

 

Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).

 

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

8.  

Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

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

b.   Saturday, from 8 am to 1 pm.

 

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

 

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

 

9.  

Construction Noise

Construction noise is to be limited as follows:

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

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

 

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

 

10.

Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

a.   stating that unauthorised entry to the work site is prohibited, and

b.   showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

 

Any such sign is to be removed when the work has been completed.

 

11.

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.

 

12.

Aboriginal Relics

If any Aboriginal archaeological relics or items are exposed during construction works, the Applicant shall:

a.     immediately cease works;

b.     notify the NSW National Parks and Wildlife Service (NPWS);

c.     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.

 

13.

Prevention of water pollution

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

 

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

 

14.

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.

 

15.

Demolition

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

 

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

16.

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 including approvals issued under the Local Government Act 1993 and the Roads Act 1993, 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.

 

17.

Plumbing Works

All works in relation to any associated Section 68 Water and Sewerage approval must be fully complied with and have a Final Plumbing Certificate issued prior to the issue of an Interim or Final Occupation Certificate.”  

 

18.

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 are to be complied with at all times

19.

Use of Dwelling house

Use of the development is approved for a dwelling house.  Any activity other than that defined as dwelling house must not be carried out unless development consent is sought. 

 

Note. dwelling house means “a building containing only one dwelling”, and dwelling means “a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile”. The dwelling house is not approved as short term rental accommodation, tourist and visitor accommodation or to be “holiday let”.

 

 

SCHEDULE 2     PRESCRIBED CONDITIONS

 

The prescribed conditions in accordance with Division8A of the Environmental Planning and Assessment Regulation apply as are of relevance to this application:

Clause 98        Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989http://www.legislation.nsw.gov.au/ - /view/regulation/2000/557/part6/div9

Clause 98A     Erection of signs

Clause 98B     Notification of Home Building Act 1989 requirements

Clause 98E     Condition relating to shoring and adequacy of adjoining property

Refer to the NSW State legislation for full text of the clauses under Division 8A of the Environmental Planning and Assessment Regulation 2000. This can be accessed at http://www.legislation.nsw.gov.au.

 

SCHEDULE 3              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:-

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

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

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

 

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 being issued pursuant to section 4.2(1) of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 9.50 of the Environmental Planning & Assessment Act 1979.

 

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. Any plumbing inspections required under a Section 68 Approval are to occur in accordance with that approval.

 

Relics Provisions- Advice

Attention is directed to the NSW Heritage Act 1977 and the provisions of the Act in relation to the exposure of relics.  The Act requires that if: 

a.    a relic is suspected, or there are reasonable grounds to suspect a relic in ground, that is likely to be disturbed damaged or destroyed by excavation; and/or

b.    any relic is discovered in the course of excavation that will be disturbed, damaged or destroyed by further excavation;

 

Those responsible for the discovery must notify nominated management personnel who will in turn notify the Heritage Council of New South Wales or its delegate, the Office of Environment and Heritage, NSW Heritage Branch, and suspend work that might have the effect of disturbing, damaging or destroying such relic until the requirements of the NSW Heritage Council have been satisfied (ss139, 146). 

 

 

 


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Staff Reports - Sustainable Environment and Economy                                                   13.9 - Attachment 1

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SCHEDULE 1     CONDITIONS OF CONSENT

 

 

Parameters 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:

A01 Issue D

Site Plan

Frank Stewart

Sept 2019

A02 Issue E

Part Site Plan

Frank Stewart

Sept 2019

A03 Issue B

Part Site Services/Sedimentation  Plan

Frank Stewart

Sept 2019

A04 Issue B

Part Site Landscaping plan

Frank Stewart

Sept 2019

A05

Section A-A

Frank Stewart

Sept 2018

A06

Section B-B

Frank Stewart

Sept 2018

A07 Issue C

Cabins 3-6, Floor Plan, Section , Elevations

Frank Stewart

Sept 2019

A08 Issue B

Cabins 7-8, Floor Plan, Section , Elevations

Frank Stewart

Oct 2018

A09 Issue B

Pool House Floor Plan, Section, Elevation

Frank Stewart

May 2019

NJ01 Issue A

Relocation of Overhead Powerline

Frank Stewart

April 2018

 

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.         

Integrated Approvals from other Authorities.

This development consent includes an Integrated development approval under Sections 4.46 and 4.47 of the Environmental Planning and Assessment Act 1979, being a Bush Fire Safety Authority Issued under section 100B of the Rural Fires Act 1997 subject to the conditions listed under the “General Terms of Integrated Development Approval” in this consent.

 

3.         

Staged Development

The development may be carried out in stages, with the potential to construct proposed Cabins 7 & 8 prior to the remainder of works.

 

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. 

 

4.         

Discovery of Aboriginal relics

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

 

5.         

Procedures for unexpected finds

The following procedure must be applied in the case of unexpected finds (including even suspected Aboriginal cultural heritage objects):

a)      Stop all work on-site immediately. Do not further disturb the object(s) or the site in any way.

b)      Place a protective barrier around the site.

c)      The NSW Office of Environment and Heritage (OEH), or its successor, and Tweed Byron Local Aboriginal Land Council (TBLALC) must be contacted as soon as possible for information, advice, assessment and guidance.

d)      In the event that human skeletal material is encountered NSW Police must be contacted immediately, a buffer zone surrounding the area should be setup and all activities must cease within this buffer zone until such time as the necessary approval is given to continue work within the buffer zone.

 

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

6.         

Section 7.12 Levy to be paid

Prior to the issue of a construction certificate the section 7.12 levy required by the Byron Developer Contributions Plan 2012 must be paid to Council. 

 

The levy will be calculated as follows:

 

Levy payable = %C x $C

 

§  %C is the levy rate applicable as set out in the latest Ministerial Direction issued under section 7.17. 

§  $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 must be calculated in accordance with clause 25J of the Regulation.  The Cost Summary Report (copy attached) as set out in schedule 2 of the Section 7.12 contributions plan must be submitted to Council with the payment.  The cost summary report must be prepared by a quantity surveyor.  Copies of Cost Summary Report are available at Council’s main office or may be downloaded from Council’s website.

 

7.         

Amendment to the plans

The Principal Certifying Authority shall be satisfied that the plans have been amended so that at least one cabin at the northern part of the site (i.e. Cabins 3 to 6) shall be designed to provide disabled access, facilities and car parking to guests.

 

8.         

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 and colours consistent with the provisions of Development Control Plan 2014 – Chapter D1.2.4 (Residential) or D2.2.3 (Rural) - Character and Visual Impact.  Please note that colours must be non-reflective earth tone colours and that the use of white and near white colours is not permissible

 

To blend in with the surrounding landscape, roof colours shall be recessive earthly tones, in a natural shade of green. 

 

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

 

9.         

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 Chapter B9 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;

e)      location of trees identified for retention in the development application plans;

f)       location of garden lighting, with such lighting to be limited to bollard style with a low wattage to limit light spill onto neighbouring properties; and

g)      maintenance of the stand of Eucalypts to the south of Cabin 3 as a visual screen.

 

The plan is to be consistent with the Biodiversity Conservation Management Plan required by Condition #10 of this Consent, and 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.

 

Note: Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bushfire Protection 2006.

 

10.         

Cabins to be relocated so that APZ does not encroach on any part of BV or HEV mapping on the site

The extent of any bushfire asset protection zones must be entirely outside high conservation value vegetation mapped on the Biodiversity Values Map under the Biodiversity Conservation Act 2016 or as High Environmental Value by Council.

 

11.         

Biodiversity Conservation Management Plan

A Biodiversity Conservation Management Plan must be prepared in accordance with the attached Guidelines for preparing a Vegetation Management Plan (VMP) or Biodiversity Conservation Management Plan (BCMP) and the plan submitted to and approved by Council prior to issue of a Construction Certificate.

 

The plan must detail protection and compensation measures proposed to protect native flora and fauna and their habitats and must retain and improve habitat on that part of the site covered by the Management Plan.

 

The plan must:

a)      provide and implement strategies to avoid impacts to Koalas and their habitat on the site;

b)      provide ecological restoration within High Conservation Value rainforest vegetation, particularly targeted at Camphor Laurel control, involving the planting of at least 900 trees per cabin (total of 5,400 trees);

c)      illustrate on maps of a suitable scale the accurate extent of the Biodiversity Values mapping, vegetation communities classified to Plant Community Type, overall development footprint, approved asset protection zones and driveways on the subject site;

d)      detail the methodology for habitat restoration and specify the use of qualified and experienced bush regenerators only;

e)      specify that planting and/or restoration works will commence immediately upon approval of the Management Plan;

f)       include lists of locally occurring native tree, shrub and ground cover plant species suitable for planting as part of the ecological restoration program and site landscaping; and

g)      include a list of environmental weeds, comprising introduced plant species known to have the capacity to invade native vegetation communities, to prevent their introduction to the site.

 

12.         

Geotechnical Report required – Building Works

A certificate from a professional Engineer experienced in Geotechnical Science is to be provided to the Principal Certifying Authority, certifying that the site is stable and will not be affected by landslide or subsidence at, above or below the site when the building and swimming pool are erected.  The certificate must be prepared in accordance with AS 1726.

 

13.         

Geotechnical Report required – Engineering Works

A certificate from a professional Engineer experienced in soil mechanics is to be provided to the Principal Certifying Authority, certifying that:

a)      the design of the civil engineering works, including roads, stormwater infiltration system and others, retaining walls and/or cut & fill batters, has been assessed as structurally adequate,

b)      the civil engineering works will not be affected by landslip or subsidence either above or below the works; and

c)      adequate drainage has been provided.

 

14.         

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”.

 

15.         

Stormwater Drainage – Connection to Existing Drainage System

The application for a Construction Certificate is to include plans and specifications for stormwater drainage in accordance with AS/NZS 3500.3:2003, Plumbing and drainage, Part 3: Stormwater drainageAll stormwater drainage for the development must be conveyed by a gravity system to the existing stormwater drainage system within the site. Such plans and specifications must be approved as part of the Construction Certificate.

 

16.         

Stormwater Drainage – Infiltration Trench & Additional Plans addressing Stormwater Quality

The application for a Construction Certificate is to include plans and specifications for stormwater drainage in accordance with the relevant Australian Standard. All stormwater drainage for the development must be conveyed by a gravity system to an infiltration trench or trenches complying with the requirements of Council’s Comprehensive Guidelines for Stormwater Management.

 

The infiltration trench or trenches must be designed by a qualified practising Civil Engineer to fully infiltrate the 20 year ARI runoff from all impervious areas of the proposed development for all storm durations without surcharge onto neighbouring properties. 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.

 

The stormwater management plan shall also provide separate/additional details and detailed plans to demonstrate compliance to Table B3.1 of Council’s DCP.

 

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

 

17.         

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:

 

Road Upgrade

 

The following sections of Montecollum Road must be upgraded:

1.       The first 450m from Cedar Road; and

2.       From the end of the existing sealed section (approximately 800m from Cedar Road) and up to 10m past the proposed driveway servicing Cabins 3 to6.

 

The upgrade must included the following:

a)      design in accordance with Council’s standard drawing R13 for a rural crowned road, with a formation of 4m carriageway with roadside drainage and table drains, in accordance with Section D1.22 of NRLG D1 Geometric Road Design;

b)      provision of passing bays at 200m spacing.  The passing bays shall be 20m long x 6m wide; and

c)      provision of sealed surface at all access points, longitudinal grades 10º or greater, and a minimum of 10m before and after the dwelling houses at No 70 Montecollum Road (Lot 1 DP 615329) and No 80 Montecollum Road (Lot 3 DP 621548).

 

Driveway (rural & residential areas without kerb & gutter)

 

Driveways servicing the Cabins shall be constructed/ upgraded in accordance with Council’s current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawing R14”.

 

18.         

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 internal access and manoeuvring servicing Cabins 3 to 6 and Cabins 7 & 8 are to comply with condition 7 of the NSW RFS General Terms of Approval with Reference No D18/7488 – DA18100215336 WS, dated 9 January 2019.  Plans are to include, but not be limited to, the following items:

a)      pavement design, comprising an all weather surface, such as asphalt, bitumen seal, concrete, pavers or other similar treatment;

b)      site conditions affecting the access;

c)      existing and design levels;

d)      longitudinal section for the full length of the internal access;

e)      cross sections every 15 metres; and

f)       drainage details.

 

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”.

 

19.         

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.

 

20.         

Compliance with BASIX Certificate requirements

The development is to comply with Basix Certificate No. 968587M, dated Tuesday, 30 October 2018.

 

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

 

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.

 

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

 

21.         

Long Service Levy to be paid

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

 

These payments may be made online at www.longservice.nsw.gov.au or at Council’s Administration Office, Station Street, Mullumbimby. When 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.

 

22.         

Terms of approval for On-Site Sewage Management required.

Pursuant to Section 4.47 of Environmental Planning and Assessment Act 1979 terms of approval must be obtained for on-site sewage management prior to the issue of Construction Certificate.

 

Note: Refer to the consent conditions of the LGA Section 68 Approval Application No. 70.2018.1095.1  OR LGA S68 approvals issued subsequent to this consent.

 

23.         

Onsite Effluent Waste Water systems (Rural Swimming Pools)

The owner is responsible to ensure works do not conflict with the Onsite Waste Water System (Sewage Management Facility).

 

Details to be submitted with the Construction Certificate to demonstrate there is no conflict with both the disposal areas, plumbing and treatment/ storage/ septic tanks.

 

Where required, a S68 Application is to be submitted to Council to relocate any system prior to the issue of the Construction Certificate.

 

24.         

Details of pool fence required

The application for a Construction Certificate is to include plans and specifications that indicate the details of the fence around the swimming pool in accordance with the Swimming Pools Act 1992 and AS1926.1.

 

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

 

25.         

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

 

26.         

Potable Water Supply Management Plan

Prior to the issue of a Construction Certificate, a Potable Water Supply Management Plan (PWSMP) is to be provided to the Principle Certifying Authority. 

 

For further information refer to the following website http://www.health.nsw.gov.au/environment/water/Publications/private-water-supply-guidelines.pdf  The PWSMP must be prepared by a suitable qualified professional.

 

27.         

Tree Removal

No trees or vegetation to be cleared or removed until a Construction Certificate has been issued.

 

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

28.         

Powerlines to be relocated

Prior to the commencement of any building works, the power lines traversing the ridgeline on the northern part of the site must be relocated in accordance with the Powerline Relocation Plan NJ01, dated April 2019, and any requirements of Essential Energy.  The powerlines must be relocated to provide a minimum separation distance of at least 10m from the centre line to the closest roof eave of any liveable structure (i.e. tourist cabins).

 

If Essential Energy require an easement to be burdened on the title of the property, this easement must be registered prior to the commencement of any works and evidence of such provided to the Principal Certifying Authority.

 

Note. The cabins cannot be relocated further south due to the zoning of the land. The powerlines will need to be accurately realigned to ensure a 10m separation to any approved liveable structures.

 

29.         

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.

 

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 any building or construction works

30.         

Protection of koalas/ native fauna from disturbance

a)      Clearing of native vegetation and/or earthworks as part of any development approval from Council must be temporarily suspended within a range of 25m from any tree which is concurrently occupied by a koala and must not resume until the koala has moved from the tree of its own volition.

b)      Any clearing of land must not commence until the area proposed for clearing has been inspected for the presence of koalas and approval given in writing by a suitably qualified individual.

c)      Approval to proceed with the clearing of vegetation in accordance with this section is only valid for the day on which the inspection has been undertaken.

 

The individual referred to in (b) above, or a nominated representative, must remain on site during any approved clearing of vegetation.

 

31.         

Inspection for on-site sewage management

All plumbing and drainage works is to be installed by a suitably qualified person. The plumber must adhere to the requirements of the NSW Code of Practice and AS/NZ 3500. The plumber is to arrange for the following inspections to be undertaken:

a)     Internal drainage prior to covering of the works.

b)     External drainage prior to the covering of works.

c)     Irrigation installation prior to the covering of works.

d)     Final

 

32.         

Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

a)      Monday to Friday, from 7 am to 6 pm.

b)      Saturday, from 8 am to 1 pm.

 

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

 

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

 

33.         

Construction Noise

Construction noise is to be limited as follows:

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

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

 

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

 

34.         

Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

a)      stating that unauthorised entry to the work site is prohibited, and

b)      showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

 

Any such sign is to be removed when the work has been completed.

 

35.         

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.

 

36.         

Fill to be retained on the subject land

Fill material must not encroach onto any adjoining land.

 

37.         

Prevention of water pollution

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

 

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

 

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.         

Stormwater drainage work

Stormwater drainage for the development must be constructed in accordance with the approved plans and specification by a suitably qualified person.

 

The following conditions are to be complied with prior to the issue of an occupation certificate

40.         

Dwelling to be decommissioned

Prior to the issue of an interim or final occupation certificate, the second dwelling on the property, identified on site plan A01 Issue E, dated September 2019, as “existing building” is to be rendered non-habitable.  All kitchens, laundries and the like must be removed from the building and the services disconnected and capped.

 

41.         

Relocation of powerlines

The Principal Certifying Authority shall be satisfied that the cabins have a minimum separation of 10m from powerlines, as measured from the centerline to the closest roof eave.  An occupation certificate (interim or final) must not be issued unless the developer is able to demonstrate that the cabins have been constructed in accordance with this requirement.

 

42.         

Habitat Compensation works to be completed

Plantings and/or restoration works are to be completed in accordance with the approved Biodiversity Conservation Management Plan prior to issue of the occupation certificate for the development.  The site must be assessed to determine satisfaction of performance criteria by Council.  Alternatively, independent sign-off may be undertaken by (Australian Association of Bush Regenerators) AABR-accredited Bush Regenerators, see http://www.aabr.org.au/do/business-directory/wpbdm-category/aabr-accredited-bush-regenerators/. In all cases, a final monitoring report must accompany any application for satisfaction of this condition.

 

43.         

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.

 

44.         

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'.

 

45.         

Road upgrade to be completed

The road upgrade is to be constructed in accordance with the approved plans and Roads Act consent.

 

46.         

Internal accesses in accordance approved plans

Internal accesses are to be constructed in accordance with the approved plans.

 

47.         

Stormwater drainage work

Stormwater drainage for the development must be constructed in accordance with the approved plans and specification prior to issue of an occupation certificate.

 

48.         

Site to be landscaped

Prior to the issue of an occupation certificate, the site is to be landscaped in accordance with the approved landscaping plan and conditions of consent.

 

49.         

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.

 

50.         

Swimming pool fencing 

Swimming pool fencing is to comply with the requirements of the Swimming Pools Act 1992 and Regulations. 

 

51.         

Compliance with bushfire conditions

Documentary evidence from a suitably qualified professional is to be submitted demonstrating that the bush fire conditions of this Notice of Determination have been complied with.

 

52.         

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 including approvals issued under the Local Government Act 1993 and the Roads Act 1993, 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

53.         

Site not be used for functions or events

The tourist and visitor accommodation is not to be used for functions, weddings, concerts, events or the like, unless separately approved by Council.

 

54.         

Cabins not to be used as dwellings

The cabins are not approved for used as dwelling houses and are not to be used for permanent residential occupation.

 

55.         

Use of lighting after certain hours

In order to protect the dark night sky and rural atmosphere of the area, any outdoor lighting, other than that required for reasonable security, shall not be used between the hours of 10.00 p.m. and 7.00 a.m. on any day.  Low garden lighting and sensor lighting for paths and car parking areas permitted.

 

56.         

Landscaping

The landscaping works must be maintained to ensure the establishment and successful growth of plants, meeting the intent of the landscape design.  This must include but not be limited to watering, weeding, and the replacement of failed plant material.  The stand of Eucalypts to the south of Cabin 3 is to be maintained at all times. 

 

57.         

Limited Tree Removal

Removal of existing native trees from the site is limited to three small native trees as defined within the letter entitled DA 483/2018 - Request for further information regarding vegetation clearing potentially triggering the Biodiversity Offset Scheme at Lot 4 DP 61548, 58 Montecollum Road, Wilsons Creek by Greg Alderson and Associates dated 11 January 2019.  All other trees and native plants within the site are to be retained and protected.

 

58.         

No dogs or cats to be brought or kept with cabin users

Due to the biodiversity value of the adjacent rainforest as well as the presence of preferred Koala habitat on the site, the keeping of cats and dogs in association with cabin visitor use is prohibited.

 

59.         

Replanting and restoration works

Replanting and restoration works must be undertaken and continued until the performance criteria have been achieved in accordance with the approved Biodiversity Conservation Management Plan for a minimum period of five years, during which annual monitoring reports must be submitted to Council for approval.

 

60.         

Must not interfere with the amenity of the neighbourhood

The use of the amenities block 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 Policy for Industry (2017) and the Noise Guide for Local Government. 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)      Goods deliveries and waste collection must be restricted to daytime operating hours.

 

61.         

Noise limitations of the Pool Amenities Building

The noise level emitted from the pool amenities building must not exceed the background noise level plus 5dB(A) between the hours of 7:00am and 10:00pm at the nearest affected residence. The noise level emitted from the pool amenities building between 10.00 pm and 7:00 am must not exceed the background noise level at the nearest affected residence.  No correction for tonality is applied.

 

In assessing noise levels at residences, the noise level is to be assessed at the most affected point on or within the residential property boundary or, if this is more than 30m from the residence, at the most affected point within 30m of the residence.,

 

62.         

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.

 

A pool resuscitation sign is to be installed in a conspicuous location within the pool area to the satisfaction of the Principle Certifying Authority.

 

63.         

Pool backwash in rural areas

Pool water disposal and backwash is to be directed to a soakage trench located in such a location as to not cause any nuisance to adjoining properties or damage to any structures or impact on any land application areas for the on-site sewage management system.

 

64.         

Swimming pool health requirements

The swimming pool water is to be re-circulated, filtered and disinfected in accordance with the requirements of Council and NSW Health.  The swimming pool water is to be maintained at satisfactory levels of purity for bathing at all times

 

65.         

Swimming pool pump location

The filter pump is to be located such that noise from its operations does not cause a nuisance to adjoining residents.  If necessary an acoustic enclosure must be provided around the pump to achieve the required noise attenuation.

 

66.         

Swimming Pool Fencing

Swimming pool fencing is to comply with the requirements of the Swimming Pool Act 1992 and Regulations at all times.

 

General Terms of Integrated Development Approval

67.         

Bush Fire Safety Authority – S100B Rural Fires Act 1997

 

The New South Wales Rural Fire Service (NSW RFS) has considered the information submitted.  General Terms of Approval, under Division 4.8 of the ‘Environmental Planning and Assessment Act 1979’, and a Bush Fire Safety Authority, under Section 100B of the 'Rural Fires Act 1997', are now issued subject to the following conditions:

 

1.       The proposed development is to comply with the plan titled 'Part Site Plan, Inset 1', prepared by Frank Stewart Architect, reference June 2018, issue A dated September 2018, 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 of cabin 3 and in perpetuity, the property around the building shall be managed as follows as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones':

·        north for a distance of 38 metres as an asset protection zone;

·        east for a distance of 9 metres as an asset protection zone;

·        south for a distance of 25 metres as an asset protection zone; and

·        west for a distance of 9 metres as an asset protection zone.

 

(Note: in forested areas a portion of the asset protection zone may be maintained as an outer protection zone as specified in Table A2.7 of 'Planning for Bush Fire Protection 2006'.)

 

3.       At the commencement of building works of cabins 4-6 and in perpetuity the property around the building shall be managed as follows as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones':

·        north for a distance of 25 metres as an asset protection zone;

·        east for a distance of 9 metres as an asset protection zone;

·        south for a distance of 25 metres as an asset protection zone; and

·        west for a distance of 9 metres as an asset protection zone.

 

(Note: In forested areas a portion of the asset protection zone may be maintained as an outer protection zone as specified in Table A2.7 of 'Planning for Bush Fire Protection 2006'.)

 

4.       At the commencement of building works of cabins 7 and 8 and in perpetuity the property around the building shall be managed as follows as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones':

·        north for a distance of 22 metres as an asset protection zone;

·        east for a distance of 22 metres as an asset protection zone;

·        south for a distance of 39 metres as an asset protection zone; and

·        west for a distance of 34 metres as an asset protection zone.

 

(Note: in forested areas a portion of the asset protection zone may be maintained as an outer protection zone as specified in Table A2.7 of 'Planning for Bush Fire Protection 2006'.)

 

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:

 

5.       Electricity supply is to comply with section 4.2.7 of ‘Planning for Bush Fire Protection 2006’.

 

6.       In recognition that no reticulated water supply is available to the development, a 10,000 litres firefighting water supply shall be provided for firefighting purposes for each cabin.  The firefighting water supply shall be installed and maintained in the following manner:

 

a)      Firefighting water supply may be provided by a tank, a swimming pool or a dam that shall be located not less than 5 metres and not more than 60 metres from the approved structure. Amalgamation of the water supply is permitted if more than 1 cabin is within the specified 60 metres.

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

c)      New above ground firefighting water supply storage’s are to be manufactured using non-combustible material (concrete, metal, etc). Where existing firefighting 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 firefighting 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 firefighting water supply tank(s) and accessible for a firefighting 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 firefighting water supply tank(s) shall be non-combustible.

h)      Any pipes not of metal material shall be buried 300mm below natural ground level.

i)        Any below ground firefighting 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.

j)        Any firefighting water supply tank(s) located below ground shall be clearly delineated to prevent vehicles being driven over the tank.

k)      All water supplies for firefighting purposes shall be clearly signposted as a firefighting water supply.

l)        Below ground firefighting water supply tank(s) shall have an access hole measuring a minimum 200mm x 200mm to allow firefighting trucks to access water direct from the tank.

m)     Pumps are to be shielded from the direct impacts of bush fire.

n)      A Static Water Supply (SWS) sign shall be obtained from the local NSW Rural Fire Service (RFS) and positioned for ease of identification by RFS personnel and other users of the SWS. In this regard:

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

ii.                 Markers should be positioned adjacent to the most appropriate access for the water supply.

 

Note: The definition of below ground dedicated firefighting water supply tank(s) is when the outlet valve is located below natural ground level.

 

Access

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:

 

7.       Property access roads shall comply with the following requirements of section 4.1.3(2) of 'Planning for Bush Fire Protection 2006'.

a)      Bridges clearly indicate load rating and pavements and bridges are capable of carrying a load of 15 tonnes.

b)      Roads do not traverse a wetland or other land potentially subject to periodic inundation (other than a flood or storm surge).

c)      A minimum carriageway width of 4 metres for single lane and 6 metres for 2 way.

d)      In forest, woodland and heath situations, rural property access roads shall have passing bays every 200 metres, or where there are crests or blind corners, that are 20 metres long by 2 metres wide, making a minimum trafficable width of 6 metres at the passing bay.

e)      A minimum vertical clearance of 4 metres to any overhanging obstruction, including tree branches.

f)       Internal roads provide a loop road around any dwelling or incorporate a turning circle with a minimum 12 metre outer radius. Except that a reversing bay may be provided in lieu of a loop road around the dwelling or a turning circle. Where a reversing bay is provided it shall be not less than 6 metres wide and 8 metres deep with an inner minimum turning radius of 6 metres and outer minimum radius of 12 metres.

g)      Curves have a minimum inner radius of 6 metres and are minimal in number to allow for rapid access and egress.

h)      The minimum distance between the inner and outer curves is 6 metres. The crossfall is not to exceed 10 degrees.

i)        Maximum grades for sealed roads do not exceed 15 degrees and not more than 10 degrees for unsealed roads.

 

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:

 

8.       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'.  The emergency evacuation plan will include a procedure to contact the NSW Rural Fire Service District Office / NSW Fire Brigade and inform them of the evacuation and the location they will be evacuated to.  A copy of the emergency evacuation plan shall be provided to the consent authority and the Local Emergency Management Committee prior to occupation of the development.

 

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:

 

9.       New construction of cabins 3-6 shall comply with section 3 and section 7 (BAL 29) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire prone areas’ or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection' 2006’.

 

10.     New construction of cabins 7 and 8 shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire prone areas' or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

 

11.     New construction of the pool house and deck is to be sited no closer than 10 metres to cabin 6.

 

Landscaping

12.     Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'. In this regard the following landscaping principles are to be incorporated into the development:

a)      Suitable impervious areas being provided immediately surrounding the building such as courtyards, paths and driveways;

b)      Grassed areas/mowed lawns/ or ground cover plantings being provided in close proximity to the building;

c)      Restrict planting in the immediate vicinity of the building which may over time and if not properly maintained come in contact with the building;

d)      Maximum tree cover should be less than 30%, and maximum shrub cover less than 20%;

e)      Planting should not provide a continuous canopy to the building (i.e. trees or shrubs should be isolated or located in small clusters);

f)       When considering landscape species consideration needs to be given to estimated size of the plant at maturity;

g)      Avoid species with rough fibrous bark, or which retain/shed bark in long strips or retain dead material in their canopies;

h)      Use smooth bark species of trees species which generally do not carry a fire up the bark into the crown;

i)        Avoid planting of deciduous species that may increase fuel at surface/ ground level (i.e. leaf litter);

j)        Avoid climbing species to walls and pergolas;

k)      Locate combustible materials such as woodchips/mulch, flammable fuel stores away from the building;

l)        Locate combustible structures such as garden sheds, pergolas and materials such timber garden furniture way from the building; and

m)     Use of low flammability vegetation species.

 

 

SCHEDULE 2     PRESCRIBED CONDITIONS

 

The prescribed conditions in accordance with Division8A of the Environmental Planning and Assessment Regulation apply as are of relevance to this application:

Clause 98   Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989http://www.legislation.nsw.gov.au/ - /view/regulation/2000/557/part6/div9

Clause 98A          Erection of signs

Clause 98B          Notification of Home Building Act 1989 requirements

Clause 98E          Condition relating to shoring and adequacy of adjoining property

Refer to the NSW State legislation for full text of the clauses under Division 8A of the Environmental Planning and Assessment Regulation 2000. This can be accessed at http://www.legislation.nsw.gov.au.

 

SCHEDULE 3              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

 

Schedule of Development Contributions

The following contributions 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 current contribution rates are available from Council offices during office hours. Payment will only be accepted by cash or bank cheque.

 

Section 7.12 Levy to be paid

Prior to the issue of a construction certificate the section 7.12 levy required by the Byron Developer Contributions Plan 2012 must be paid to Council. 

 

The levy will be calculated as follows:

 

Levy payable = %C x $C

 

§  %C is the levy rate applicable as set out in the latest Ministerial Direction issued under section 7.17. 

§  $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 must be calculated in accordance with clause 25J of the Regulation.  The Cost Summary Report (copy attached) as set out in schedule 2 of the Section 7.12 contributions plan must be submitted to Council with the payment.  The cost summary report must be prepared by a quantity surveyor.  Copies of Cost Summary Report are available at Council’s main office or may be downloaded from Council’s website.

 

Principal Certifying Authority:

Work must not commence until the applicant has:-

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

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

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

 

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 being issued pursuant to section 4.2(1) of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 9.50 of the Environmental Planning & Assessment Act 1979.

 

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. Any plumbing inspections required under a Section 68 Approval are to occur in accordance with that approval.

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.10 - Attachment 5

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.11 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.11 - Attachment 2


 


 


 


 


2)   BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 3

 

 

10.2019.375.1

SCHEDULE 1     CONDITIONS OF CONSENT

 

 

Parameters 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:

DA100

Rev 01

Site Plan

Dominic Finlay-Jones

26/06/19

DA200

Rev 02

Level 00 Plan

Dominic Finlay-Jones

25/10/19

DA220

Rev 02

Plan Proposed Woks

Dominic Finlay-Jones

25/10/19

DA222

Rev 01

Proposed Penny Lane Works Plan

Dominic Finlay-Jones

26/06/19

DA300

Rev 01

Elevations

Dominic Finlay-Jones

26/06/19

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.  

The Habitat quadrangle use

The Habitat quadrangle must, at all times, be available to be used by workers and visitors to Habitat and shall not be reserved for the exclusive use of the restaurant / café activity.  A sign must be erected in a prominent position containing words to the effect:

“The Habitat quadrangle is available at all times or workers, and visitors to Habitat.  Feel free to sit anywhere you like and enjoy the ambiance of the Habitat quadrangle – you do not need to eat from the café to enjoy this space.”

 

3.  

Operational Noise Management

The development must be operated in accordance with the noise criteria and recommendations contained in the report Noise Impact Assessment Barrio Bar and Restaurant, Habitat Commercial Precinct, No 1 Porter Street, Byron Bay, NSW  Ref: 26/2019, prepared by Tim Fitzroy & Associates dated 4 July 2019.  The operator shall ensure that:

·    Eastern and western facing windows and doors of the restaurant are to remain closed from 6pm until closing;

·    The breezeway noise barrier is to remain closed from 6pm until closing;

·    The southern door of the restaurant is to remain closed from 6pm until closing;

·    Exhaust fans in mechanical ventilation should be generally operated at medium speed;

·    Condensers Louvers are to remain in place as per recommendations in Environmental Nosie Impact Assessment of Mechanical Plant, Habitat Development, 2 Porter Street Byron Bay (5 February 2018).

 

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

4.  

Revised Noise Management Plan required

Recommended operational measures contained in Noise Impact Assessment Barrio Bar and Restaurant, Habitat Commercial Precinct, No 1 Porter Street, Byron Bay, NSW  Ref: 26/2019, prepared by Tim Fitzroy & Associates dated 4 July 2019, must be incorporated in a revised Noise Management Plan.  The NMP shall detail the methods that will be implemented for the whole project to minimise operational noise.  Information should include:

a)    Identification of nearby residences and other sensitive land uses, including those within Habitat;

b)    Assessment of expected noise impacts;

c)    Detailed examination of feasible and reasonable work practices that will be implemented to minimise noise impacts;

d)    Clear and defined acceptable rules of behaviour of patrons;

e)    Adherence to responsible service of alcohol regulations;

f)     Strategies to promptly deal with and address noise complaints;

g)    Details of performance evaluating procedures (for example, noise monitoring or checking work practices and equipment);

h)    Procedures for notifying residents of forthcoming works/ activities that are likely to produce noise impacts,

i)     Monitoring requirements, including six-monthly reporting of performance against adopted noise criteria; and

j)     Reference to relevant consent conditions.

 

The NMP must be prepared by a suitably qualified acoustic engineer or equivalent professional and submitted for approved as part of the application for a Construction Certificate. 

 

5.  

Details of acoustic barrier to be submitted for approval

The application for a Construction Certificate must include plans and specifications for noise barrier for attenuation of condensers recommended in Noise Impact Assessment Barrio Bar and Restaurant, Habitat Commercial Precinct, No 1 Porter Street, Byron Bay, NSW  Ref: 26/2019, prepared by Tim Fitzroy & Associates dated 4 July 2019.  Such plans and specifications must be approved as part of the Construction Certificate for building works.

 

6.  

Long Service Levy to be paid

In accordance with Section 4.68 of the Environmental Planning and Assessment Act 1979 (as amended), a Construction Certificate for building works shall not be issued until any Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid (as applicable).

 

These payments can be made online at www.longservice.nsw.gov.au. Proof of payment is required to be submitted with the Construction Certificate application.

 

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

 

7.  

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

 

8.  

Site Waste Minimisation and Management

All works must comply with the objectives of waste minimisation and waste management of Part B8.1.2 of DCP 2014.

 

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

9.  

Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

a)     Monday to Friday, from 7 am to 6 pm.

b)     Saturday, from 8 am to 1 pm.

 

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

 

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

 

10.

Construction Noise

Construction noise is to be limited as follows:

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

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

 

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

 

11.

Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

a)    stating that unauthorised entry to the work site is prohibited, and

b)    showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

 

Any such sign is to be removed when the work has been completed.

 

12.

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.

 

13.

Prevention of water pollution

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

 

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

 

14.

Acoustic Barriers must be constructed

Acoustic barriers must be constructed in accordance with Noise Impact Assessment Barrio Bar and Restaurant, Habitat Commercial Precinct, No 1 Porter Street, Byron Bay, NSW  Ref: 26/2019, prepared by Tim Fitzroy & Associates dated 4 July 2019 and conditions of this consent.

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

15.

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 including approvals issued under the Local Government Act 1993 and the Roads Act 1993, 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.

 

16.

Acoustic Barriers must be certified

The Principle Engineer must provide certification in writing to Council that all works including construction of acoustic barriers for attenuation of condensers were carried out in accordance with Noise Impact Assessment Barrio Bar and Restaurant, Habitat Commercial Precinct, No 1 Porter Street, Byron Bay, NSW  Ref: 26/2019, prepared by Tim Fitzroy & Associates dated 4 July 2019.

 

17.

Modification of Condition 80 of Development Consent 10.2015.353.1 (as amended)

Prior to the issue of any Occupation Certificate for this development application, the owner or other authorised persons shall modify development Consent DA10.2015.353.7 pursuant to Section 4.17(5) of the EPA Act 1979 and Clause 97 of the EPA Regulations 2000 by amending Condition 80 of DA10.2015.353.7 as follows:

 

80.  Hours of Operation

The opening hours of the various land uses contained within the development are limited to those provided below;

·    Commercial and Retail areas within Buildings B1 and C1 - C5: 7am to 8pm.

·    Creative Industry uses within Buildings LW1-1, LW1-2 & LW1-3: 7am to 8pm.

·    Office uses within Dwelling Types A1, A2 & A5: 7am to 8pm.

·    Workspace uses within Dwelling Types D4, D5A, D7A, D8, D8B & D9: 7am to 8pm.

·    Restaurant within Building C1: 7am to midnight.

·    Recreation facilities: 6am to 10pm Monday to Sunday.

 

A Notice of Modification to be submitted to Council in accordance with Clause 97 of the EPA Regulations 2000 prior to the issue of any Occupation Certificate.

 

 

 

The following conditions are to be complied with at all times

18.

Operational Noise Management

Development shall be operated in accordance with Noise Impact Assessment Barrio Bar and Restaurant, Habitat Commercial Precinct, No 1 Porter Street, Byron Bay, NSW  Ref: 26/2019, prepared by Tim Fitzroy & Associates dated 4 July 2019; Environmental Nosie Impact Assessment of Mechanical Plant, Habitat Development, 2 Porter Street Byron Bay (5 February 2018) and Revised Noise Management Plan as approved by Council.

 

19.

Hours of Operation of the Outdoor Dining Area

The Hours of operation for the outdoor dining area are limited to 7am to 10pm.

 

20.

Use of outdoor dining area

The use of the outdoor dining area is limited to outdoor dining only and excludes any amplified/live music.

 

21.

Approved licensed area

The approved licensed area must be generally consistent with the approved dining area as approved by stamped plan “DA 220 Plan Proposed Works” prepared by Dominic Finlay-Jones and dated 26/06/19 and consistent with the requirements of Liquor & Gaming NSW, but exclude the Bayshore Drive balcony dining area.

 

22.

Total Number of Patrons

The total number of patrons utilising the Outdoor Dining area in association with the restaurant in Building C1 is limited to 216 people combined.

 

23.

Delivery Vehicles

All delivery vehicles to enter the site via Wallum Place and exit via Penny Lane.  Deliveries shall be limited to between the hours of 7.00am and 5pm Monday - Saturday and 8am and 5pm Sunday.

 

24.

Waste collection services

Waste collection services must not unreasonably interfere with the amenity of the neighbourhood. In particular vehicle and mechanical noise from waste collection services can only occur between the hours of 8.00am and 5pm Monday - Sunday.

 

25.

No interference with amenity

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

a)     Any complaints to Council about ‘offensive’ noise will be dealt with under the provisions of the Protection of the Environment Operations Act 1997.  

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.

 

26.

No Weddings or Group Functions at Any time

The outdoor dining area must not be used for wedding receptions, ceremonies or other group functions. .

 

 

SCHEDULE 2     PRESCRIBED CONDITIONS

 

The prescribed conditions in accordance with Division8A of the Environmental Planning and Assessment Regulation apply as are of relevance to this application:

Clause 98        Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989http://www.legislation.nsw.gov.au/ - /view/regulation/2000/557/part6/div9

Clause 98A     Erection of signs

Clause 98B     Notification of Home Building Act 1989 requirements

Clause 98E     Condition relating to shoring and adequacy of adjoining property

Refer to the NSW State legislation for full text of the clauses under Division 8A of the Environmental Planning and Assessment Regulation 2000. This can be accessed at http://www.legislation.nsw.gov.au.

 

SCHEDULE 3              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:-

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

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

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

 

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 being issued pursuant to section 4.2(1) of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 9.50 of the Environmental Planning & Assessment Act 1979.

 

Water payments under the Water Management Act 2000

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

 

ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT
(ET Policy 2018)

Water

4.34 ET

Bulk Water

4.34 ET

Sewer

4.34 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.

 

Relics Provisions- Advice

Attention is directed to the NSW Heritage Act 1977 and the provisions of the Act in relation to the exposure of relics.  The Act requires that if: 

 

a)   a relic is suspected, or there are reasonable grounds to suspect a relic in ground, that is likely to be disturbed damaged or destroyed by excavation; and/or

b)   any relic is discovered in the course of excavation that will be disturbed, damaged or destroyed by further excavation;

 

Those responsible for the discovery must notify nominated management personnel who will in turn notify the Heritage Council of New South Wales or its delegate, the Office of Environment and Heritage, NSW Heritage Branch, and suspend work that might have the effect of disturbing, damaging or destroying such relic until the requirements of the NSW Heritage Council have been satisfied (ss139, 146). 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.11 - Attachment 4

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.12 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.13 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                               13.13 - Attachment 2

 

10.2019.196.1

CONDITIONS OF CONSENT:

 

SCHEDULE 1   DEFERRED CONSENT CONDITION PURSUANT TO SECTION 4.16(3)

 

 

The following condition concerns matters as to which Council must be satisfied before the consent can be issued:

 

1.     

Deferred commencement – Building Information Certificate

 

A Building Information Certificate is required to be issued by Council for;

·    the works undertaken to the pottery shed (Building 5) to change its use to a dwelling,

·    the spa pool and associated decking ancillary to the dwelling (pottery shed).

·    the works undertaken to the farm building to convert its use to a dwelling (Building 8)

·    the works undertaken to the dwelling (farm building) to extend the dwelling and associated constructed retaining walls.

Prior to issue of the Building Information Certificate the applicant is to demonstrate to Councils satisfaction with evidence in the form of detailed report/s from suitably qualified and experienced professionals the constructed works satisfies

1.   The following Performance Provisions of the Building Code of Australia and

2.   Section B (Water Services) and Section C (Sanitary Plumbing and Drainage Services) of the Plumbing Code of Australia (a separate approval acknowledging installed plumbing is required) and

3.   Any Environmental Consultants report for the installation and/ or upgrade of the wastewater system installed on the property and

4.   Any recommended works identified in any report/s or identified by Council must be completed prior to issue of the Building Information Certificate;

 

Performance Requirement of the Building Code of Australia

P2.0.1 Application

P2.1.1 Structural stability and resistance to actions (including glazing)

P2.2.1 Surface water

P2.2.2 Weatherproofing

P2.2.3 Dampness

P2.2.4 Drainage from swimming pools

P2.3.2 Fire detection and early warning

P2.3.3 Heating appliances

P2.4.1 Wet areas

P2.4.2 Room heights

P2.4.3 Facilities

P2.4.4 Light

P2.4.5 Ventilation

P2.4.6 Sound insulation

P2.5.1 Stairways and ramps
P2.5.2 Barriers

P2.5.3 Swimming pool access

P2.5.4 Swimming pool water recirculation systems

NSW P2.6.1(a) Building Fabric & (b) Building Sealing
NSW P2.6.2 Services

Plans are to be submitted to Council clearly identifying what works are yet to be completed and/or rectification works to bring the structures that form part of this approval into compliance with this development consent. Plans must be endorsed prior to activation of this development consent.

2.     

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 Building 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.

Evidence of compliance with the above conditions, sufficient to satisfy the Council as to those matters, must be provided within twelve (12) months of the date of this notice.  If satisfactory evidence is produced in accordance with this requirement, the Council will give notice to the applicant of the date from which the consent operates.

 

 

SCHEDULE 2   CONDITIONS OF CONSENT

 

Parameters 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:

101 Rev E

Cover Sheet/Site Plan

Harley Graham Architects

09/07/18

201 Rev E

Dwelling Floor Plan

Harley Graham Architects

09/07/18

401 Rev E

Dwelling North, South & West Elevations

Harley Graham Architects

09/07/18

810 Sheet 2 of 5

Dwelling Ground Floor Plan

Harley Graham Architects

September 2014

810 Sheet 3 of 5

Dwelling First Floor Plan & Sections

Outpost Design & Drafting Service

September 2014

810 Sheet 4 of 5

Dwelling North & East Elevations

Outpost Design & Drafting Service

September 2014

810 Sheet 5 of 5

Dwelling South & West Elevations

Outpost Design & Drafting Service

September 2014

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.  

Demolition / removal of structures

Buildings 1, 2, 3, 4 and 6 (and swimming pool located near Buildings 1 and 2) must be demolished / removed in accordance with the stamp approved Cover Sheet/Site Plan dated 09/07/18 within two (2) years of the date of issue of this Deferred Commencement consent or prior to issue of a Construction Certificate whichever comes first.

3.  

No native tree removal

This development consent does not authorise any native tree to be ringbarked, cut down, lopped, removed or damaged, or caused to be ringbarked, cut down, lopped, removed or damaged (including for establishing and maintaining Asset Protection Zones required by Condition 4 of this Deferred Commencement consent) in contravention of Byron Development Control Plan 2014 and Development Control Plan 2010 as applicable to the land. In accordance with Clause 7.8 of the Rural Fire Service10/50 Vegetation Clearing Code of Practice for New South Wales, trees and vegetation protected by a development consent condition may not be removed using any exemptions that may otherwise be available under this code.

4.  

Bush fire safety measures

This land is identified as being designated bush fire prone land and under section 4.14 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:

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:

1.   At the commencement of building works and in perpetuity the property around

the northern dwelling (Building No.8) as indicated below, shall be maintained as an inner protection zone (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones':

·    north and northwest to the property boundary;

·    south and east for a distance of 21 metres; and

·    west for a distance of 25 metres.

 

2.         At the commencement of building works and in perpetuity the property around the southern dwelling (Building No.5) as indicated below, shall be maintained as an inner protection zone (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones':

 

·    north, south and east for a distance of 19 metres; and

·    west for a distance of 24 metres.

 

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:

3.     A 20,000 litre fire fighting water supply shall be provided at each dwelling in accordance with section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

4.     Electricity and/or gas services to the dwellings are to comply with section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

 

Access

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:

5.     The access road shall comply with section 4.1.3(2) of ‘Planning for Bush Fire Protection 2006’ except no alternate access is required and a reversing bay may be provided in lieu of a loop road or turning circle at each dwelling. Where a reversing bay is provided it shall be not less than 6 metres wide and 8 metres deep with an inner minimum turning radius of 6 metres and outer minimum radius of 12 metres.

 

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:

6.     Construction of the northern dwelling (Building No.8) shall comply with AS 3959-2009 ‘Construction of buildings in bush fire prone areas’. No enclosed or habitable portion of the northern dwelling (except the ‘additional battery store’) shall be exposed to radiant heat greater than 29kW/m2 (BAL 29).

7.     Construction of the southern dwelling (Building No.5) shall comply with BAL

12.5 construction requirements as detailed in AS 3959-2009 ‘Construction of buildings in bush fire prone areas’.

Landscaping

8.     Landscaping within the required inner protection areas is to comply with the principles of Appendix 5 of ‘Planning for Bush Fire Protection 2006’.

 

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

5.

Demolition / removal of structures

Buildings 1, 2, 3, 4 and 6 (and swimming pool located near Buildings 1 and 2) must be demolished / removed in accordance with the stamp approved Cover Sheet/Site Plan dated 09/07/18.

6.

Water Management Act 2000

If a controlled activity approval under the Water Management Act 2000 is required to be obtained for any proposed works within and adjacent to existing watercourses it must be obtained and a copy of the approval submitted to the Principal Certifying Authority prior to issue of the Construction Certificate.

7.

Onsite Effluent Waste Water systems (Rural Swimming Pools)

The owner is responsible to ensure works do not conflict with the Onsite Waste Water System (Sewage Management Facility).

Details to be submitted with the Construction Certificate to demonstrate there is no conflict with both the disposal areas, plumbing and treatment/ storage/ septic tanks.

Where required, a S68 Application is to be submitted to Council to relocate any system prior to the issue of the Construction Certificate.

8.

Details of pool fence required

The application for a Construction Certificate is to include plans and specifications that indicate the details of the fence around the swimming pool and spa in accordance with the Swimming Pools Act 1992 and AS1926.1.

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

9.

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 (residential areas)

 

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

10.

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”.

 

11.

Traffic Control Plan

Consent from Council must be obtained for a Traffic Control Plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual, Traffic Control at Work Sites Version 2, and the current Australian Standards, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

 

The plan shall incorporate measures to ensure that motorists using road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site.

 

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

 

12.

Access

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 and manoeuvring for the site is to comply with the requirements of AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities and RFS Planning for Bushfire Protection 2006. Plans are to include, but not be limited to, the following items:

a)      comprising an all weather surface, sealed for longitudinal grades greater than 12%;

b)      width of 4.0m (with some short sections 3.5m wide and maximum 30m long)

c)      passing bays (6m wide 20m long x 200m spacing);

d)      site conditions affecting the access;

e)      existing and design levels;

f)       longitudinal section from the road centreline; and

g)      drainage details.

 

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”.

13.

Compliance with BASIX Certificate requirements

The development is to comply with Basix Certificate No. 861800S_02, dated 15 April 2019 and Basix Certificate No. 1044547S dated 16 September 2019.

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 measures may be undertaken without the issue of any amendment under Section 4.55 of the Act, provided that the changes do not affect the form, shape or size of the building.

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

14.

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 and colours consistent with the provisions of Development Control Plan 2014 – Chapter D2.2.3 - Character and Visual Impact.  Please note that colours must be non-reflective earth tone colours and that the use of white and near white colours is not permissible.

For any inconsistency between this condition and the approved Basix Certificate, the provisions of the Basix Certificate shall apply.

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

15.

Long Service Levy to be paid

In accordance with Section 4.68 of the Environmental Planning and Assessment Act 1979 (as amended), a Construction Certificate for SUBDIVISION WORKS OR BUILDING WORKS shall NOT be issued until any Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid (as applicable).

These payments can be made online at www.longservice.nsw.gov.au. Proof of payment is required to be submitted with the Construction Certificate application.

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

16.

Developer Contributions to be paid

Contributions set out in the schedule below 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).  The Plan may be viewed on line 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.

Section 94 contributions Schedule for

Rural South

Catchment

This schedule was calculated in spreadsheet #E2015/28112

1bedroom units =

0

@

0.55 SDU

=

0

2 bedroom units =

0

@

0.75 SDU

=

0

3 bedroom units/dwellings =

2

@

1 SDU

=

2

Allotments =

0

@

1

=

0

Less Site Credits =

1

@

-1

=

-1

Total SDU

 

 

 

 

=

1

Schedule valid until

 

30/01/2020

After this date contact Council for CPI update.

 

 

 

 

Local Open Space & Recreation

(OS-RN)

1.00

SDU @

 $            -  

=

 $                -  

LGA Wide Open Space & Recreation

(OS-SW)

1.00

SDU @

 $     756.09

=

 $         756.09

LGA wide Community Facilities

(CF-SW)

1.00

SDU @

 $   1,107.38

=

 $      1,107.38

Local Community Facilities

(CF-RN)

1.00

SDU @

 $            -  

=

 $                -  

Bikeways & Footpaths

#N/A

1.00

SDU @

 $            -  

=

 $                -  

Shire Wide Bikeways & Footpaths

(CW-SW)

1.00

SDU @

 $       81.23

=

 $           81.23

Urban Roads

#N/A

1.00

SDU @

 $            -  

=

 $                -  

LGA Wide Roads

(R-SW)

1.00

SDU @

 $     228.79

=

 $         228.79

Rural Roads

(R-RN)

1.00

SDU @

 $ 14,929.74

=

 $    14,929.74

Administration Levy

(OF-SW)

1.00

SDU @

 $   1,143.66

=

 $      1,143.66

Total

 

 

 

  

=

 $    18,246.89

17.

Site Waste Minimisation and Management

All works must comply with the objectives of waste minimisation and waste management of Part B8.1.2 of DCP 2014.

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

18.

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 $20 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.

19.

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.

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 any building or construction works

20.

Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

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

b.       Saturday, from 8 am to 1 pm.

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

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

21.

Construction Noise

Construction noise is to be limited as follows:

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

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

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

22.

Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

a.       stating that unauthorised entry to the work site is prohibited, and

b.       showing the name of the person in charge of the work site and a telephone number           at which that person may be contacted outside working hours.

Any such sign is to be removed when the work has been completed.

23.

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.

24.

Prevention of water pollution

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

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

25.

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.

26.

Aboriginal Relics

If any Aboriginal archaeological relics or items are exposed during construction works, the Applicant shall:

a.     immediately cease works;

b.     notify the NSW National Parks and Wildlife Service (NPWS);

c.     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.

 

The following conditions are to be complied with prior to occupation of any building subject to this consent

27.

Inspection of all structures required

Prior to issue of any Occupation Certificate, the Principle Certifying Authority must undertake an inspection of all structures on site to ensure compliance with this development consent including deferred development consent conditions are being complied with.

28.

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.

29.

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'.

30.

Access areas to be completed

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

31.

Internal driveway in accordance approved plans

A driveway is to be constructed from the property boundary in accordance with the approved plans.

32.

Rainwater tank to be provided

A rainwater tank with a minimum capacity of 40,000L must be provided to service the use of each dwelling.

33.

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 including approvals issued under the Local Government Act 1993 and the Roads Act 1993, 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.

34.

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.

35.

Swimming pool fencing 

Swimming pool and spa fencing is to comply with the requirements of the Swimming Pools Act 1992 and Regulations. 

36.

Compliance with bushfire conditions

Documentary evidence from a suitably qualified professional is to be submitted demonstrating that the bush fire conditions of this Notice of Determination have been complied with.

The following conditions must be complied with at all times

37.

No native tree removal

This development consent does not authorise any native tree to be ringbarked, cut down, lopped, removed or damaged, or caused to be ringbarked, cut down, lopped, removed or damaged (including for establishing and maintaining Asset Protection Zones required by Condition 3 of this consent) in contravention of Byron Development Control Plan 2014 and Development Control Plan 2010 as applicable to the land. In accordance with Clause 7.8 of the Rural Fire Service10/50 Vegetation Clearing Code of Practice for New South Wales, trees and vegetation protected by a development consent condition may not be removed using any exemptions that may otherwise be available under this code.

38.

Use of building “8”

Building “8” must be used as a single dwelling house and the “bar” identified on stamp approved Drawing 201 Rev E “Dwelling Ground Floor Plan” dated 09/07/18 must only contain a wet bar, being a ½ bowl sink with bench space no more than 500 mm either side and with no connected drying rack.

39.

Use of Dual Occupancy

The dual occupancy is not approved for holiday letting, bed & breakfast and/or for the use as tourist and visitor accommodation.

40.

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 and spa 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.

A pool resuscitation sign is to be installed in a conspicuous location within the pool area to the satisfaction of the Principle Certifying Authority.

41.

Pool backwash in rural areas

Pool and spa water disposal and backwash is to be directed to a soakage trench located in such a location as to not cause any nuisance to adjoining properties or damage to any structures.

42.

Swimming pool and spa pump location

The filter pump is to be located such that noise from its operations does not cause a nuisance to adjoining residents. If necessary an acoustic enclosure must be provided around the pump to achieve the required noise attenuation.

43.

Swimming Pool and Spa Fencing

Swimming pool and spa fencing is to comply with the requirements of the Swimming Pool Act 1992 and Regulations at all times.

 

SCHEDULE 3   PRESCRIBED CONDITIONS

The prescribed conditions in accordance with Division 8A of the Environmental Planning and Assessment Regulation apply as are of relevance to this application:

Clause 98        Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989http://www.legislation.nsw.gov.au/ - /view/regulation/2000/557/part6/div9

Clause 98A     Erection of signs

Clause 98B     Notification of Home Building Act 1989 requirements

Clause 98E     Condition relating to shoring and adequacy of adjoining property

Refer to the NSW State legislation for full text of the clauses under Division 8A of the Environmental Planning and Assessment Regulation 2000. This can be accessed at http://www.legislation.nsw.gov.au.

 

SCHEDULE 4 REASONS FOR DECISION, HOW COMMUNITY VIEWS WERE ADDRESSED

 

Statement of Reasons

The proposed development will not have significant adverse impacts on the natural, built or social environment or economic impacts on the locality.

The proposed development is considered suitable for the proposed site.

The proposed development is unlikely to prejudice or compromise the public interest.

 

How community views were addressed

The DA was advertised in accordance with Level 1 notification as per Development Control Plan 2014. All issues raised within submissions have been taken into consideration in determining this application.

 

SCHEDULE 5            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:-

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

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

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

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 being issued pursuant to section 4.2(1) of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 9.50 of the Environmental Planning & Assessment Act 1979.

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. Any plumbing inspections required under a Section 68 Approval are to occur in accordance with that approval

Relics Provisions- Advice

Attention is directed to the NSW Heritage Act 1977 and the provisions of the Act in relation to the exposure of relics.  The Act requires that if: 

a)   a relic is suspected, or there are reasonable grounds to suspect a relic in ground, that is likely to be disturbed damaged or destroyed by excavation; and/or

b)   any relic is discovered in the course of excavation that will be disturbed, damaged or destroyed by further excavation;

 

Those responsible for the discovery must notify nominated management personnel who will in turn notify the Heritage Council of New South Wales or its delegate, the Office of Environment and Heritage, NSW Heritage Branch, and suspend work that might have the effect of disturbing, damaging or destroying such relic until the requirements of the NSW Heritage Council have been satisfied (ss139, 146). 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.13 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.14 - Attachment 7

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