Attachments of Ordinary (Planning) Meeting

BYRON SHIRE COUNCIL

Ordinary (Planning) Meeting

Public bsc_logo_150dpi_rgb ATTACHMENTS

EXCLUDED FROM THE

Ordinary (Planning) Meeting AGENDA

OF 20 February 2020

9. Notices of Motion and Rescission

9.1 Final Business and Industrial Lands Strategy for adoption

Attachment 1... Special Disclosure of Pecuniary Interest Annexure.................................. 4

13. Staff Reports

Sustainable Environment and Economy

13.1 PLANNING - Development Application 10.2019.275.1 Boundary Adjustment 45 Monet Drive Montecollum

Attachment 1... Plans prepared by Balanced Systems dated 20/8/19............................... 7

Attachment 2... Department of Planning - Secretary's concurrence................................ 10

Attachment 3... Rural Fire Service - General Terms of Approval.................................... 11

Attachment 4... Recommended Conditions - Attachment 4 - 10.2019.275.1 Monet Drive Montecollum............................................................................................ 13

13.2 PLANNING - 26.2019.8.1 Planning Proposal Parrot Tree Place Bangalow to rezone 690m2 of RU1 to R2 low density residential

Attachment 1... 26.2019.8.1 Parrot Tree Place Planning Proposal V1............................. 20

Attachment 2... Template - Form of Special Disclosure of Pecuniary Interest................ 81

13.3 PLANNING - Development Application - further report following resolution 19-279 10.2018.384.1 Alterations and Additions to existing Dwelling House, Alterations and Additions to existing structure to create Dual Occupancy (detached) and Upgrade Wastewater System at 183 Coopers West Lane Main Arm

Attachment 1... Proposed Plans........................................................................................ 83

Attachment 2... Submissions received.............................................................................. 86

Attachment 3... Letter from Peter Thornton Re: Tree Retention in Asset Protection Zone 112

Attachment 4... Applicant's summary of further information.......................................... 115

Attachment 5... Survey of access road........................................................................... 116

Attachment 6... Written approval from owner of Lot 7 DP 591828 for modification of easement 117

Attachment 7... Written approval from owner of Lot 1 DP 445771 for modification of easement 118

Attachment 8... Applicant's legal advice regarding amendment of easements.............. 119

Attachment 9... Additional information to support Bush Fire Assessment...................... 121

Attachment 10. Amended Bush Fire Assessment Report.............................................. 122

Attachment 11. Rural Fire Service Response - Amended referal recommended conditions 171

Attachment 12. Recommended conditions..................................................................... 175

13.4 Integrated Pest Management Strategy

Attachment 1... Byron Integrated Pest Management Strategy 2019-2029..................... 192

13.5 PLANNING - S8.2 Review - Alterations & Additions to Tourist Cabin, Alcorn Street, Suffolk Park

Attachment 1... 10.2019.276.1 Original Application Plans.............................................. 235

Attachment 2... 10.2019.276.1 Amended Plans for review Application.......................... 243

Attachment 3... 10.2019.176.1 Submission to review application................................... 251

Attachment 4... 10.2019.276.1 Recommended Conditions of Consent......................... 252

13.7 PLANNING - 26.2019.4.1 Outcome of Public Exhibition - Planning Proposal to Introduce Minimum Lot Size Standards (BLEP 2014) for Manor House and Multi Dwelling Housing (Terraces)

Attachment 1... 26.2019.4.1 Planning Proposal for Manor House and Mutli Dwelling (terraces) Minimum Lot Size controls (v2 Public Exhibition)................................. 258

Attachment 2... Submission to DPIE review of the Low Rise Medium Density Housing Code 290

Attachment 3... 26.2019.4.1 - LRMDC Minimum Lot Size_Combined Submissions for attachment to Council report......................................................................................... 294

Attachment 4... Template - Form of Special Disclosure of Pecuniary Interest.............. 311

13.8 PLANNING - 26.2018.5.1 Outcome of Public Exhibition - Planning Proposal to Rezone Land at 4 Picadilly Hill Road, Coopers Shoot

Attachment 1... 26.2018.5.1 Planning Proposal (V3 Public Exhibition version) - BLEP 2014 – Lot 3 DP 592005 and Lot 1 DP 1124504, 4 Picadilly Hill Road, Coopers Shoot 313

Attachment 2... 26.2018.5.1 Gateway determination - PP_2019_BYRON_003_00 - Picadilly Road, Coopers Shoot.pdf................................................................................. 355

Attachment 3... 26.2018.5.1 Combined Submissions for attachment to Council report. 357

Attachment 4... Template - Form of Special Disclosure of Pecuniary Interest -............ 362

13.9 PLANNING - Development Application 10.2019.161.1 - Multi Dwelling Housing - 15 Units, No 23 Lismore Road Bangalow

Attachment 1... Original Plans......................................................................................... 364

Attachment 2... submissions received to original exhbition 18.4.19 to 8.5.19................. 393

Attachment 3... Statement of Facts and Contentions filed 09/07/19.............................. 571

Attachment 4... Amended Plan Set................................................................................. 596

Attachment 6... Heritage Assessment............................................................................. 617

Attachment 7... submissions received to amended proposal 9.1.20 to 22.1.20.............. 630

Attachment 8... Conditions of Consent agreed at S34 Conciliation Conference............ 646

13.10 PLANNING - 26.2016.6.1 The Farm Planning Proposal, Ewingsdale Road Byron Bay

Attachment 1... Attachment 1 - Planning Proposal The Farm - Public Exhibition Version 661

Attachment 2... Attachment 2 - Draft amendment to Chapter E5 of DCP 2014 - The Farm 697

Attachment 3... Form of Special Disclosure of Pecuniary Interest................................. 700

13.12 PLANNING - 26.2020.1.1 - Planning Proposal for Short Term Rental Accommodation

Attachment 1... 26.2020.1.1 - STRA Planning Proposal - Pre-Gateway V1.1............... 702

Attachment 2... Combined Submissions List - Short Term Holiday Letting (STRA) - Redacted (20-02-2020).pdf........................................................................................... 771

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.1 - Attachment 4

10.2019.275.1

RECOMMENDED CONDITIONS OF CONSENT:

SCHEDULE 1 CONDITIONS OF CONSENT

Parameters of consent

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:
BA-02	Proposed Boundary Adjustment	Balanced Systems	20 August 2019
BA-03	Building Envelope	Balanced Systems	20 August 2019

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.

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, 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.

General Terms of Integrated Development Approval – 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:

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. restriction to the land use pursuant to section 88E of the 'Conveyancing Act 1919' shall be placed on proposed Lot B requiring a minimum 18 metre asset protection zones (APZ) around the identified building envelope, as depicted on the drawing titled Proposed Boundary Adjustment, prepared by Balance Systems Planning Consultants, numbered Plan-BA03, dated 20 August 2019. The required APZ shall be managed 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'.

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:

2. A restriction to the land use pursuant to section 88E of the 'Conveyancing Act 1919' shall be placed on proposed lot B , identifying the building envelope as depicted on the drawing titled Proposed Boundary Adjustment, prepared by Balance Systems Planning Consultants, numbered Plan-BA03, dated 20 August 2019. The restriction shall limit any dwellings on proposed lot B to that nominated building envelope.

The following conditions are to be complied with prior to commencement of subdivision works

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 (rural & residential areas without kerb & gutter)

A driveway for Lot B must be upgraded in accordance with Council’s standard drawing R13 and R15, Council’s current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

Geotechnical Report required – Soil Classification

A soil report is to be provided to the Principal Certifying Authority from a professional Engineer experienced in Geotechnical Science as to the classification of the soil type on the site, consistent with the requirements of AS2870.

Erosion and sediment control 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 (A copy may be downloaded from Council’s website). This may include stockpiled materials such as sand.

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 subdivision works

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).

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:

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

d) 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.

Council Specification

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

Approved Plans to remain on site

A copy of the approved Construction Certificate including plans, details and specifications must remain at the site at all times during the construction of the subdivision.

10.

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.

11.

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.

12.

Prevention of water pollution

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

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

13.

Subdivision Certificate application required

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

NOTE: The application MUST be one complete concise package addressing ALL conditions of consent relevant to the subdivision with a clear explanation how each condition has been complied with, together with supplying ALL the relevant information /documents/ certificate and/or plans that is required by that condition. Failure to provide the abovementioned information in one package will likely result in the application being refused or rejected and returned to you.

14.

Plan of Subdivision

The final plan of subdivision must be in accordance with the approved plan/s. A Deposited Plan Administration Sheet (original plus one (1) copy), two (2) copies of the plan of subdivision and any necessary section 88B instrument (original plus one (1) copy) are to be submitted with the application for a subdivision certificate.

15.

Road Widening

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

16.

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.

17.

Electricity Supply Certificate for Lot B

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

18.

Fibre-ready Facilities and Telecommunications Infrastructure

Prior to the issue of the Subdivision in connection with a development, the developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for:

a) the installation of fibre-ready facilities to all individual lots and/or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose; and

b) the provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots and/or premises in a real estate development project demonstrated through an agreement with a carrier.

(Note real estate development project has the meanings given in section 372Q of the Telecommunications Act).

19.

Geotechnical Report (Lot Classification) for Lot B

A certificate from a practicing Geotechnical Engineer must be provided in conjunction with a Lot Classification Report prepared in accordance with Australian Standard AS2870.1. Such certificate must certify that all vacant allotments have a building site of adequate size and shape on each lot that is not subject to slip or subsidence

20.

Section 88B Instrument

A Section 88B Instrument and one (1) copy are to be submitted with the application for a strata certificate. The strata plan and accompanying Section 88B Instrument are to provide for:

a) Easement for Electricity

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

b) Easement for conservation

A restriction on user must be applied at the subdivision stage to protect native vegetation on proposed Lot B. The restriction on user will apply to all land excluding the identified building envelope and an 18 metre asset protection zones (APZ), as depicted on the drawing titled Proposed Boundary Adjustment, prepared by Balanced Systems Planning Consultants, numbered Plan-BA03, dated 20 August 2019. The restriction on user must prohibit, except as otherwise permissible by law, all of the following within the area covered by the restriction on user:

i) the destruction or removal of any local indigenous trees, shrubs, grasses or other vegetation, or the planting of any flora other than local indigenous flora;

ii) any act or omission which may adversely affect any local indigenous flora or any indigenous fauna or their related habitats;

iii) any act or omission which may result in the deterioration in the natural state or in the flow, supply, quantity or quantity of any body of water or in the natural moisture regime of the area;

iv) the creation or maintenance of any tracks through the area;

v) the removal, introduction or disturbance of any soil, rock or other minerals;

vi) any structures or dwellings;

vii) No deposition or accumulation of rubbish or refuse, including garden refuse and weed propagules, nor the use of any of the area for storage of any substance or material.

The s88B Instrument must contain a provision identifying Byron Shire Council as the only person or authority having the power to revoke, vary or modify the restriction on user.

21.

Compliance with bushfire conditions

Documentary evidence from a suitably qualified professional is to be submitted to the PCA demonstrating that the bush fire conditions as issued under Section 100B of the Rural Fires Act 1997 have been complied with.

22.

Use of works on Proposed Lot A

A development application must be submitted for the use of the buildings identified on the plan titled Plan of Part of Lot 1 DP 1231141 prepared by Ken Chelsworth Rg’d Surveyor 28 Oct 2019 Ref 1022 Huts included within additional information document E2019/87638.

23.

Completion of All Works

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

The following conditions are to be complied with at all times

24.

Native vegetation is not permitted to be cleared under Schedule 5A of the Local Land Services Act 2013

Clearing of native vegetation that would be authorised under Schedule 5A of the Local Land Services Act 2013 (LLS Act) is not permitted to be carried out without development consent under part 4 of the Environmental Planning and Assessment Act 1979.

In accordance with the Objects of the Environmental Planning and Assessment Act 1979 (EP&A Act), Section 1.3(e) of that Act the purpose of this condition is “to protect the environment, including the conservation of threatened and other species of native animals and plants, ecological communities and their habitats”.

Section 60Q(2) of the LLS Act provides that “Schedule 5A does not permit clearing or any other activity—

(a) without an approval or other authority required by or under another Act or another Part of this Act (or in anticipation of the grant of any such approval or other authority), or

(b) in contravention of any provision of or made under (or in contravention of any agreement made under) another Act or another Part of this Act.”

As this condition is imposed under section 4.17 of the EP&A Act, section 60Q of the LLS Act applies and the clearing of native vegetation under Schedule 5A of the LLS Act is not permitted.

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 1989 http://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.

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 13.3 - Attachment 12

E2020/5837

10.2018.384.1

CONDITIONS OF CONSENT:

SCHEDULE 1 DEFERRED COMMENCEMENT

Building Information Certificate

A Building Information Certificate is required to be issued by Council for the dual occupancy dwelling. 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 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 this 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

P2.3.2 Fire detection and early warning

P2.4.1 Wet areas

P2.4.2 Room heights

P2.4.3 Facilities

P2.4.4 Light

P2.4.5 Ventilation

P2.5.1 Stairways and ramps
P2.5.2 Barriers

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

SCHEDULE 2 CONDITIONS OF CONSENT

Parameters of consent

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:
HM18147-1 Amendment A	Amended Site Plan	Heath & McPhail Surveying	3-6-2019
P3	Floor & Elevations Plan Proposed Alterations to Existing Dwelling	C. Lonergan	16/05/18
P2	Floor & Elevations Plan Proposed Alterations to Building to be Used as Dwelling	C. Lonergan	3/04/19

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.

Use of other buildings

This approval does not authorise the use of any other building on the property for habitation or use as a dwelling or tourist and visitor accommodation.

Concurrent Approvals

The following approvals are provided under Section 4.12 of Environmental Planning and Assessment Act:

Integrated Approvals under Section 68 of the Local Government Act 1993
C5	Installing constructing or altering a waste treatment device or a human waste storage facility or a drain connected to any such device or facility.

Bush fire safety measures

The land is identified as being bush fire prone land and under Section 4.14 of the Act and the development must comply with the conditions recommended by the NSW Rural Fire Service in the letter dated 3 December 2019, Reference: DA-2018-03006-CL55-1 contained in Schedule 4 of this Notice of Determination.

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

Compliance with BASIX Certificate requirements

The development is to comply with Basix Certificate No. A318397 (alterations and additions) and 933409S (dual occupancy), dated 3/6/18.

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.

Domestic Rural Dwelling Water Supply. Amendment to the plan required

The plans submitted for approval of the Construction Certificate must demonstrate that both the dwelling and dual occupancy have a minimum domestic tank capacity of 40,000 litres dedicated to water supply for each dwelling. The required domestic tank capacity is in addition to any water supply required for BASIX or fire fighting purposes.

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

Building to be rendered non-habitable

The building identified as “Fibreboard Clad Building Metal Roof” on Plan HM18147-1

Amendment A (3/6/19) shall be rendered non-habitable, including removal of the kitchen.

Roof colours to be specified

The application for a Construction Certificate is to include plans and specifications that indicate the proposed roof colour for the dual occupancy is 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.

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 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.

10.

Public Safety Management Plan required

Consent from Council must be obtained for a Public Safety Management Plan for those works within the road reserve pursuant to Section 138 of the Roads Act 1993. This public safety management plan is to include provision for (but not be limited to):

a) a pedestrian barrier, alternative footpaths and ramps as necessary;

b) the loading and unloading of building materials; and

c) parking space for tradesman’s vehicles, where such vehicles must be located near the site due to tools and equipment contain within the vehicle.

11.

Traffic Control Plan

A traffic control plan shall be prepared by a Roads & Maritime Services accredited person for the temporary traffic signage layout and vehicle movements to be used during the erection and removal of signs & barrier within the road reserve. The traffic control plan shall be submitted to and approved by Roads & Maritime Services accredited person 24 hours prior to the event. The consent holder shall forward the approved and Certified Traffic Control Plan to Council.

The TCP shall be prepared in accordance with the following:

· All Traffic Control devices are to conform to AS 1442.2 and 1742.3

· All persons placing and removing Traffic Control devices are to have current accreditation from the RMS.

· All roads are to be barriers and signs removed immediately following the works.

12.

Property Access

The application for a Construction Certificate is to include sufficient evidence to demonstrate that the dwellings have suitable vehicular access, particularly that the property access road through Lot 3 DP 558858, Lot 1 DP 445771 and Lot 7 DP 591828, including any changes required by the Rural Fire Service (DA-2018-03006-CL55-1, 3 December 2019), is wholly contained within a legal right of carriageway.

Such evidence should include:

a) an updated survey of the access road that shows the actual access road and the updated right of carriageway, and

b) amended property titles that show the right of carriageway has been updated or the equivalent.

NOTE: Rectifying and upgrading the property access my require a combination of:

a) Amending the right of carriageway to overlay the actual property access road, including widening/passing bays required by the Rural Fire Service; and

b) Reconstructing/altering the property access road to align with the legal right of carriageway.

13.

Property Access within subject property - Design details

The application for a Construction Certificate is to include design plans and details of any upgrades/amendments to the property access, within the subject property, required to comply with the conditions recommended by the NSW Rural Fire Service in the letter dated 3 December 2019, Reference: DA-2018-03006-CL55-1 and condition 12 of this consent.

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

14.

Dwelling Access & Parking

The application for a Construction Certificate is to include plans and specification that indicate dwelling access, parking and manoeuvring details in accordance with the plans approved by this consent.

The dwelling access, parking 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 section 4.1.3(2) Planning for Bush Fire Protection. 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; and

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

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.

Terms of approval for on-site sewage management required

The On- Site Sewage Management System to be installed in accordance with the

Local Government Act Section 68 Application No. 70.2018.1076.1, and the Local Government Act Section 68 Application No. 70.2018.1077.1.

16.

Remediation of Contaminated Land

The application for a construction certificate must be accompanied by a Detailed Contaminated Land Assessment in accordance with the Greg Alderson and Associates report titled Preliminary Contaminated Land Assessment dated 12 June 2018 and (where required) a Remedial Action Plan must be prepared by a suitably qualified contaminated land specialist with experience in the remediation of contaminated land. The Remedial Action Plan must conform to NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997 and all other applicable standards.

The Detailed Contaminated Land Assessment must be submitted, and the Remedial Action Plan (if required) must be approved as part of the Construction Certificate.

17.

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

18.

No Tree Removal

No native trees or vegetation may be cleared or removed other than that required to establish the Asset Protection Zones specified in condition 4 with the exception of the six ironbark trees identified on Plan HM18147-1 Amendment A (3/6/19) which are not to be removed.

19.

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.

20.

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 at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby. These contributions are to fund public amenities and services as listed in the schedule. Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended).

The contributions in the schedule are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule.

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

21.

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).

22.

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.

23.

Remediation of Contaminated Land (where required)

Prior to the commencement of any works associated with this development consent, the following is required:

a) A suitably qualified contaminated land specialist with experience in the remediation of contaminated land must be engaged by the proponent to oversee and be responsible for all works associated with the implementation of the Remedial Action Plan and subsequent site and soil validation.

b) A notice of commencement of the remediation work and a copy of the Remedial Action Plan must be provided to Council’s Health and Environment Section at least 7 days prior to commencement of the-work.

c) The notice of commencement must include contact details of the responsible person, including an emergency 24-hour phone number.

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

24.

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.

25.

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.

26.

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.

27.

Builders rubbish to be contained on site

28.

Inspection for on-site sewage management – Primary Dwelling and Dual Occupancy

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.

29.

Remediation of Contaminated Land (where required)

Remedial works must be undertaken in conformance with the approved Remedial Action Plan and NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997 and all other applicable standards.

30.

Removal of asbestos and other wastes

All wastes, including asbestos and arsenic contaminated wastes, associated with these works are to be handled and disposed of in accordance with the requirements of the Work Cover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Wastes must be disposed of at a Licensed Waste Facility. All wastes removed from the site must be managed and disposed of in accordance with NSW DECC Waste Classification Guidelines (2008) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf ‎

The applicant/owner is to produce documentary evidence that this condition has been met.

31.

WorkCover Authority

All works must be undertaken in accordance with the requirements of the WorkCover Authority.

32.

Protection of Native Trees

All trees nominated to be retained by notation or condition of this development consent shall be maintained and protected during demolition, excavation and construction on the site in accordance with AS 4970-2009 – Protection of Trees on Development Sites.

33.

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.

34.

Prevention of water pollution

Only clean and unpolluted water is to be discharged to 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.

35.

Muted bushland tones – roof of dual occupancy

To ensure the development is compatible with the surrounding environment, the roof colour/s of the dual occupancy is to be muted bushland tones. In this regard white, light or bright colours are not permissible.

36.

Vegetated Screen

A vegetation screen is to be established to the west of the dual occupancy as shown on Plan HM18147-1 Amendment A (3/6/19). The vegetation screen shall be:

a. Comprised of native tree and shrub species; and

b. Of sufficient height and density to minimise the visual impact of the dual occupancy when viewed from the west.

The following conditions are to be complied with prior to the issue of an Occupation Certificate for the buildings

37.

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.

38.

Remediation of Contaminated Land – Validation Report required

A notice of completion must be provided to Council’s Health and Environment Section within 30 days of completion of the remediation work. The notice of completion must be accompanied by a Validation Report prepared by a suitably qualified person with experience in the remediation of contaminated land.

The Validation Report must specify the standard of remediation achieved and certify that the site is suitable for the proposed use. The report must conform to the NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997 and all other statutory requirements.

Documentary evidence must be provided confirming the method of disposal and destination of all contaminated soil removed from the site.

39.

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.

40.

Section 88B Instrument

A Section 88B Instrument and one (1) copy are to be submitted with the application for a final occupation certificate. The accompanying Section 88B Instrument are to provide for:

a) Rights of Carriageway

The creation and alteration of suitable rights of carriageway over the full property access alignment in Lot 2 DP445771, Lot 1 DP445771, Lot 3 DP558858 and Lot 7 DP 591828.

Any redundant rights of carriageway/easements must be extinguished.

41.

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, as recommended by the NSW Rural Fire Service in the letter dated 3 December 2019, Reference: DA-2018-03006-CL55-1, have been complied with.

42.

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.

43.

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'.

44.

Vegetated Screen - certification

Prior to the issue of any occupation certificate documentary evidence must be provided to the Principle Certifying Authority to certify that the vegetated screen has been established as required by condition 36.

The following conditions are to be complied with at all times

45.

Protection of Native Trees

All trees nominated to be retained by notation or condition as a requirement of the development consent shall be maintained and protected during demolition, excavation and construction on the site in accordance with AS 4970-2009 – Protection of Trees on Development Sites.

46.

Vegetated Screen - maintenance

The vegetated screen required by condition 36 must be maintained at all times.

47.

Use of dual occupancy

The dual occupancy is not to be holiday let or used as tourist and visitor accommodation.

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 1989 http://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

SCHEDULE 4 RURAL FIRE SERVICE CONDITIONS

SCHEDULE 5 NOTES

Construction Certificate required:

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:

Penalties apply for failure to comply with development consents

Plumbing Standards and requirements.

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;

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. Payments will only be accepted by cash or bank cheque.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.8 - Attachment 4

Schedule 3 Form of special disclosure of pecuniary interest

submitted under Clause 4.25 of the Code of Conduct for Councillors

1. This form must be completed using block letters or typed.

2. If there is insufficient space for all the information you are required to disclose, you must attach an appendix which is to be properly identified and signed by you.

Important information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under clause 4.24(c) of the Byron Shire Council Code of Conduct for Councillors (the Code of Conduct).

The special disclosure must relate only to a pecuniary interest that a councillor has in the councillor’s principal place of residence, or an interest another person (whose interests are relevant under clause 4.3 of the Code of Conduct) has in that person’s principal place of residence.

Clause 4.3 of the Code of Conduct states that you will have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative or because your business partner or employer has a pecuniary interest. You will also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

“Relative” is defined by clause 4.4 of the Code of Conduct as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints about breaches of these requirements are to be referred to the Office of Local Government and may result in disciplinary action by the Chief Executive of the Office of Local Government or the NSW Civil and Administrative Tribunal.

This form must be completed by you before the commencement of the council or council committee meeting at which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

Special disclosure of pecuniary interests

by ____________________________________________________________________________________

[full name of councillor]

in the matter of __________________________________________________________________________

[insert name of environmental planning instrument]

which is to be considered at a meeting of the

______________________________________________________________________________________

[name of council or council committee (as the case requires)]

Report No. __________ to be held on the _________________ day of ________________________ 201

Pecuniary interest
Address of the affected principal place of residence of the councillor or an associated person, company or body (the identified land)
Relationship of identified land to the councillor [Tick or cross one box.]	The Councillor has interest in the land (e.g. is owner or has another interest arising out of a mortgage, lease, trust, option or contract, or otherwise). An associated person of the councillor has an interest in the land. An associated company or body of the councillor has an interest in the land.
Matter giving rise to pecuniary interest^{^[7]}
Nature of the land that is subject to a change in zone/planning control by the proposed LEP (the subject land)^{^[8]} [Tick or cross one box]	The identified land. Land that adjoins or is adjacent to or is in proximity to the identified land.
Current zone/planning control [Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]
Proposed change of zone/planning control [Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]
Effect of proposed change of zone/planning control on councillor or associated person [Insert one of the following: “Appreciable financial gain” or “Appreciable financial loss”]

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest.]

_____________________________

Councillor’s signature

_____________________________

Date

[This form is to be retained by the council’s general manager and included in full in the minutes of the meeting]

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.9 - Attachment 2

PDF Creator

[1] Clause 4.1 of the Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Code of Conduct.

[2] A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in clause 4.3 of the Code of Conduct has a proprietary interest.

[3] Clause 4.1 of the Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Code of Conduct.

[4] A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in clause 4.3 of the Code of Conduct has a proprietary interest.

[5] Clause 4.1 of the Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Code of Conduct.

[6] A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in clause 4.3 of the Code of Conduct has a proprietary interest.

[7] Clause 4.1 of the Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Code of Conduct.

[8] A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in clause 4.3 of the Code of Conduct has a proprietary interest.

[9] Clause 4.1 of the Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Code of Conduct.

[10] A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in clause 4.3 of the Code of Conduct has a proprietary interest.