Attachments of Ordinary (Planning) Meeting

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.2 - Attachment 3

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:
DA 01	Overall Site plan	Alan Rudge Architects	17.10.2019
DA 02	Restaurant Site Plan	Alan Rudge Architects	17.10.2019
DA 03	Restaurant Floor, Roof and Sub-floor Plans	Alan Rudge Architects	17.10.2019
DA 04	Restaurant Elevations	Alan Rudge Architects	17.10.2019
DA 05	Restaurant Elevations	Alan Rudge Architects	17.10.2019
DA 06	Restaurant Views	Alan Rudge Architects	17.10.2019
17154 CIV 01 Rev A	Proposed Access and Parking Layout	Greg Alderson & Associates	18.10.19
17154_ww_restaurant Rev B.doc	On-site Wastewater Management Assessment - Proposed Restaurant Lot 384 DP727453, 784 Coolamon Scenic Drive Coorabell	Greg Alderson & Associates	7 .2. 2019
17154_NIA_1	Nosie Impact Assessment -Proposed Restaurant Lot 384 DP727453, 784 Coolamon Scenic Drive Coorabell	Greg Alderson & Associates	9 .2. 2019
17154_NMP_0	Noise Management Plan -Proposed Restaurant Lot 384 DP727453, 784 Coolamon Scenic Drive Coorabell	Greg Alderson & Associates	20.11.2019
17154 SWMP 01 Rev A	Concept Stormwater Layout	Greg Alderson & Associates	18.10.19

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.

Maximum Number of Persons and Hours of Operation

Requirements relating to hours of operation and number of persons are as follows:

a) The maximum number of patrons on site at any time must not exceed forty (40) persons.

b) The maximum number of staff on site at any time must not exceed six (6) persons.

c) The hours of operation for the restaurant use must not exceed the following:

· Wednesday, Thursday, Friday (Lunch only) 10.30 am - 2.30 pm; and

· Saturday and Sunday (Breakfast and Lunch): 7.30 am - 2.30 pm

d) The total maximum number of persons (includes patrons and staff) during hours of operations are limited to:

· Wednesday, Thursday, Friday a maximum of 80 patrons, and 6 staff per day.

· Saturday and Sunday a maximum of 160 patrons, and 12 staff per day.

Note: Where council forms the view that the development is operating outside the parameters of the consent, penalties will be imposed under s 4.2 of the Environmental Planning and Assessment Act 1979..

Independent Noise Monitoring

Independent noise monitoring must be undertaken by a suitably qualified person as follows:

a. First twelve months (Year 1) – testing to occur on no less than four occasions at regular intervals to confirm compliance with the requirements with the NSW EPA Noise Policy for Industry;

b. Year 2 – testing to occur on no less than two occasions at regular intervals;

c. Year 3 – testing to occur or no less than one occasion; and

Where noise levels have been shown to comply with the requirements of the NSW EPA Noise Policy for Industry and conditions of this consent, no further testing will be required after year 3.

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

Bushfire Compliance NSW Rural Fire Service

The RFS specifications below must be prepared and endorsed by the Principle Certifying Authority prior to release of the Construction Certificate.

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 building to a distance of 10 metres or to the property boundary, whichever is the lesser, shall be maintained as an inner protection area (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'.

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.,

2. In recognition that no reticulated water supply is available to the development, a 20,000 litre fire fighting water supply shall be provided for fire fighting purposes. The fire fighting water supply shall be installed and maintained in the following manner:

a) The connection point to the fire fighting water supply tank(s) shall be located within the inner protection area and away from the building.

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

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

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

e) 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.

f) All associated fittings to the fire fighting water supply tank(s) shall be non-combustible.

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

h) A hardened ground surface for fire fighting truck access is to be constructed up to and within 4 metres of the fire fighting water supply (tank or Storz fitting).

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

j) All water supplies for fire fighting purposes shall be clearly signposted as a fire fighting water supply.

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

l) Fire fighting water supply tank(s) and associated fittings, located within 60 metres of a bushfire hazard and on the hazard side of an approved building, shall be provided with radiant heat shielding to protect the tank from bush fire impacts and maintain safe access to the water supply for fire fighters.

m) 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 fire fighting water supply tank(s) is when the outlet valve is located below natural ground level.

3. Electricity and/or gas services 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:

4. Property access roads shall comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006', except a turning area complying with Appendix A3.3 of 'Planning for Bush Fire Protection 2018' (Pre-release issued August 2018) may be provided in lieu of a loop road around the building or a turning circle.

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:

5. An Emergency /Evacuation Plan is to be prepared consistent with the NSW Rural Fire Service document 'Guidelines for the Preparation of Emergency/Evacuation plan'.

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. The proposed building is to be constructed with non-combustible external cladding and roofing materials and is to be screened to prevent the entry of embers. The subfloor space of the habitable area is to be enclosed with non-combustible materials.

Landscaping

7. Landscaping within the required inner protection area is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'

General Advice – consent authority to note

The recommendations are based on the plans prepared by Alan Rudge Architects, titled ‘New Restaurant’, dated 1 February, 2019 and the ‘Bush Fire Assessment Report’ prepared by Bushfire Certifiers dated 12 October, 2018

Voluntary Planning Agreement

The agreement between Council and the developer in relation to the Voluntary Planning Agreement approved in association with this Development Consent shall be signed prior to release of a Construction Certificate for the Restaurant.

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.

These contributions may be offset against the cost of the works for three (3) additional spaces shown on plan DA02. The cost of the three spaces will be determined by a quantity surveyors report or by a fixed price contract that costs the additional spaces as a separable item.

Bond required to guarantee against damage to public land

A bond of $3,000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets.

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

Retained Trees

All trees to be retained in accordance with this development consent must be illustrated on any and all relevant Construction Plans, along with their Tree Protection Zones formulated in accordance with AS 4970-2009 – Protection of Trees on Development Sites.

To minimise root disturbance where services are to be laid in close proximity to trees, any excavation within the Tree Protection Zone (TPZ) for installation of underground services is to be done by directional drilling or in manually excavated trenches in accordance with Section 4.5.5 of AS4970-2009. Works must be conducted under the supervision of the project arborist (minimum AQF level 5 qualified arborist), and may include the use of pneumatic or hydraulic tools such as air knifes.

Landscaping

An application for a construction certificate must be accompanied by a site specific landscape plan for the restaurant utilizing natives endemic to the North coast of NSW. To ensure the building is not visible from Coolamon Scenic Drive, a screen of trees and shrubs to be planted in the area between the car park and the road reserve. The following species are recommended for planting in this area:

· Red kamala (Mallotus phillipensis)

· Guioa (Guioa semiglaua)

· Glossy laurel (Cryptocarya laevigata)

· Brush cherry (Syzygium australe)

Further plantings for effluent disposal areas are to be landscaped for small native grasses such as lomandras or dianellas

The plan must be prepared by a suitably qualified person and approved with the construction certificate for building works.

10.

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

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

11.

Construction Certificate Plans

The plans for the construction certificate to include the following detail for approval:

a. Details of measures to prevent the reflection of sky and adjacent vegetation on windows must be described on any and all relevant Construction Plans.

b. Smart security sensor lighting at the property entrance to deter people camping around the lookout at night; and

c. Rubber isolations dampeners or similar for the restaurant closing doors including doors opening onto the veranda areas.

The plans are tot be approved as part of the construction certificate by the PCA.

12.

Potable Water Supply Management Plan

Prior to the issue of a Construction Certificate a Potable Water Supply Management Plan (PWSMP) to be prepared by a suitably qualified professional in accordance with the relevant NSW health guidleines. For further information refer to the following website http://www.health.nsw.gov.au/environment/water/Publications/private-water-supply-guidelines.pdf The PWSMP to be approved with the construction certificate.

13.

Details and Specifications – Mechanic Plant

An application for a construction certificate must include detailed specification of mechanical plant. Air conditioning condenser and kitchen exhaust fan must have the sound power level detailed in report entitled Nosie Impact Assessment Proposed Restaurant Lot 384 DP727453, 784 Coolamon Scenic Drive Coorabell Ref No. 17154_NIA_1 prepared by Greg Alderson & Associates dated 6 February 2019.

14.

Water Saving Efficient Design

Detailed plans to be submitted with the Construction Certificate provide for the following water efficient measures as a minimum:

a) Amenities

· Waterless urinal in the men’s toilets (Urimat Australia, Uridan or similar);

· 4 Star WELS rated cisterns for all toilets (4.5/3L dual flush toilets);

· 6 Star WELS rated taps.

b) Kitchen

· 6 Star WELS rated taps

· Under bench water efficient dishwasher,

· No hose for plate rinsing, plates to be scraped into bin and then rinsed with 6 Star taps,

· No water cooled wok to be utilised in the kitchen

· Water efficient appliances

15.

On-site sewage management facility Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 for on-site effluent disposal must be obtained from Council prior to issue of a Construction Certificate. 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

The report must address (but not be limited to);

a) Performance objectives;

b) Wastewater management controls;

i) Hydraulic loading rates on treatment plant and irrigation areas;

ii) Treatment plant operation and maintenance;

iii) Monitoring of the treatment plant effluent quality;

iv) Monitoring of hydraulic loads and actions to ensure that the maximum hydraulic load is not exceeded;

c) Trade waste devices

d) Metres to monitor and measure waste water disposal in terms of compliance.

e) Contingency plan for any non-compliance;

f) Reporting procedures;

g) Staffing and training requirements; and

h) Quality assurance.

The design of the sewage irrigation system including specifications of pump sizes, valves and pipe-work must be also be submitted with the S68 application. The design must demonstrate the even distribution of effluent over the disposal area and include the location of surface drains and swales for diverting stormwater away from the irrigation area. The design must include the requirements for landscaping as required.

The sewage irrigation system must be designed by a qualified professional experienced in effluent management and endorsed by a certified irrigation designer.

16.

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

17.

Noise Management Plan – Site Preparation / Construction

A Noise Management Plan must be submitted to Council for approval prior to the issue of the construction certificate for site preparation and construction works. The Noise Management Plan must be prepared by a suitably qualified acoustic practitioner and detail the methods that will be implemented for the whole project to minimise site preparation and construction noise. Information should include:

a) identification of nearby residences and other sensitive land uses;

b) assessment of expected noise impacts;

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

d) strategies to promptly deal with and address noise complaints;

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

f) procedures for notifying nearby residents of forthcoming works that are likely to produce noise impacts;

g) reference to relevant consent conditions; and

h) name and qualifications of person who prepared the report.

Note to EO: Refer to DECC’s ‘Interim Construction Noise Guideline’ (2009) for more information (see http://www.environment.nsw.gov.au/noise/constructnoise.htm)

18.

Design and Layout Plans - Food Premises

Detailed plans prepared by a suitably experienced person showing the design and layout of the premises to be used as a food business must be submitted to Council. The design details are to be drafted in accordance with relevant legislation and standards, including:

a) Food Act 2003;

b) Food Regulation 2015;

c) Food Standards Code, Chapter 3.2.3;

d) Relevant Australian Standards:

i. AS 4674 – 2004 Design, Construction and Fit-Out of Food Premises;

ii. AS 1668.1 & AS 1668.2 Mechanical Ventilation;

iii. Other relevant standards.

e) The Building Code of Australia.

f) An airlock to be provided between the toilet facilities and internal workspaces to prevent the transfer of contaminants into the food business

Such plans must be approved by Council’s Environmental Health Department prior to the issue of a construction certificate for building works. Plans are to be submitted in duplicate and accompanied by fees as described in Council’s adopted Fees and Charges.

Advisory note: Application forms are available from Council’s Environmental Health department. The following document Food premises design, construction and fit-out guide on Council’s website can provide guidance about the design requirements of a food premises based on the Food Safety Standard 3.2.3 (Food Premises and Equipment) and the Australian Standard 4674-2004 (Design, construction and fit-out of food premises).

19.

Geotechnical Report required

a. 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 is erected. The certificate must be prepared in accordance with AS 1726.

b. 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

20.

Stone Wall and fencing height

The height of the solid concrete retaining wall and stone faced fence along the loading dock area must not exceed a maximum height of 1.6 m (including the retaining walls) along the eastern elevation and all fencing adjoining the lookout area (southern elevation) must have a maximum 1.6 m height including the gate entrance. The entrance gate must have a maximum height of 1.6 m and must be constructed to allow it to be partly open to increase surveillance and visibly through the area. The proposed timber gate must be constructed to have every second timber/metal removed to allow visibly through into the site and to connect with the lookout. The gate to be designed such that it can be opened manually in the event of a power failure.

No fence of any kind is permitted along the boundary shared with Coolamon Scenic Drive.

The above must be reflected in the details to be approved by the Principle Certifying Authority prior to release of the Construction Certificate.

21.

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.

22.

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”.

23.

Stormwater Drainage

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 to be completed generally in accordance with Greg Alderson & Associates drawing 17154 SWMP 01 Rev A

Such plans and specifications must be approved as part of the Construction Certificate. The fully detailed design must be accompanied by engineering calculation of the internal drainage. Energy dissipater must be installed at all outlets and sized in accordance with QUDM. All pits and the proposed trench grates must be fitted with heavy duty lid and grate.

All stormwater drainage systems within the lot and the connection to a public or an inter-allotment drainage system must:

(d) comply with any requirements for the disposal of stormwater drainage contained in Council’s Development Control Plan, Stormwater Guideline and Local Approvals Policy; and

(e) unless exempt from obtaining an approval under section 68 of the Local Government Act 1993 by a Local Approvals Policy, an approval must be obtained under that Act prior to issue of a Construction Certificate.

24.

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:

Basic Left & Basic Right Treatment (BAL/BAR)

Road pavement, linemarking and associated drainage construction, including any necessary relocation of services to provide a BAR and BAL treatment in accordance with AUSTROADS.

Provide a concealed driveway warning signs advising the traffic coming from the north and south of the access.

Driveway (commercial areas)

Driveways in accordance with Council’s standard “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

Minimum 6.0m wide sealed access width and parking spaces in accordance with Greg Alderson & Associates drawing 17154 CIV 01. A minimum of 8 car parking spaces to be provided at the Lookout.

25.

Traffic Management Plan

Consent from Council must be obtained for a Traffic Management 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 of the development. The traffic management 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 report must 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 management plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

26.

Car parking layout, vehicle circulation and access plans required.

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

The access, parking and manoeuvring for the site is to comply with the requirements of AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street commercial vehicle facilities. Plans are to include, but not be limited to, the following items:

a. Generally in accordance with Greg Alderson & Associates drawing 17154 CIV 01;

b. Minimum 6.0m wide sealed access width;

c. The sliding gate (minimum 5.9m) and loading bay sliding gate (minimum 5.7m) must be able to open of the full width;

d. pavement design, comprising an all weather hot mix asphalt surface to reduce vehicle noise

e. a minimum of 11 parking spaces plus loading bay

f. site conditions affecting the access;

g. existing and design levels;

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

i. cross sections every 15 metres;

j. drainage details;

k. turning paths; and

l. line marking and signage.

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

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

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

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

27.

Traffic Management Plan

The approved traffic management plan is to be implemented.

28.

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).

Erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. A full copy may be downloaded from Council’s web site at www.byron.nsw.gov.au.

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

29.

Noise Management Plan – Site Preparation / Construction

Site preparations and construction works must be in place in accordance Noise Management Plan as approved by Council.

The following conditions are to be complied with during construction:


30.	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
31.	Trees to be retained and protected Trees to be retained are to be protected by a Tree Protection Zone (TPZ) exclusion fence. The fence is to be constructed in accordance with Sections 3.2 and 4.3 of AS4970-2009 Protection of trees on development sites (Standards Australia 2009). The fence must: a) Be located outside the dripline of the tree so as to minimise disturbance to tree roots; b) have a minimum height of 1.8 metres; c) be constructed of wire mesh panels, plywood, steel star pickets or similar, with a maximum distance of 2metres between star pickets; d) have a minimum of 3 strands of steel wire or similar; e) have high visibility barrier mesh (eg orange), shade cloth or similar, attached to the outside of the fence and continuing around its perimeter; f) include at least one Tree Protection Zone (TPZ) sign in accordance with Section 4.4 of AS4970-2009. Activities that are excluded within the TPZ (as per section 4.2 of AS4970-2009) include excavation, construction activity, grade changes, surface treatment and storage of material. If these activities are required within the TPZ they may only occur under the supervision of the project arborist (minimum AQF level 5 qualified arborist). The Tree Protection Zone (TPZ) exclusion fence is to be maintained for the duration of the site clearing, preparation, construction and landscaping works.
32.	Avoidance of material stockpiling in vegetated area Any stockpiling of materials on the site during demolition, excavation and construction must not be located in the area of rainforest vegetation adjacent to the proposed development footprint (to the north west).
33.	Noise Management Plan – Site Preparation / Construction Site preparations and construction works must be carried out in accordance Noise Management Plan as approved by Council.
34.	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.
35.	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.
36.	Builders rubbish to be contained on site All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.
37.	All excavated soils to be disposed of off-site All excavated soils to be disposed of off-site and in accordance with NSW DECC Waste Classification Guidelines (2014) and approved environmental management plans.
38.	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.
39.	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.
40.	Window screening To minimize the risk of bird strikes, measures to prevent the reflection of sky and adjacent vegetation on windows must be to be installed during the construction of the restaurant and maintained in perpetuity.
41.	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 occupation of the building


42.	Works to be completed prior to issue of a Final Occupation Certificate All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate. Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.
43.	Planning Agreement Prior to occupation of the development all works required by the planning agreement shall be completed.
44.	Roadworks to be completed. Roadworks and Parking area are to be constructed in accordance with the approved plans and Roads Act consent.
45.	Internal driveway, parking & manoeuvring areas in accordance approved plans Internal driveway, parking & manoeuvring areas are to be constructed in accordance with the approved plans.
46.	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.
47.	Certification Required – Mechanical Plant An Acoustic Engineer must certify that mechanical plant has been installed to comply with sound power levels recommended in Nosie Impact Assessment, Proposed Restaurant Lot 384 DP727453, 784 Coolamon Scenic Drive Coorabell, prepared by Greg Alderson & Associates dated 9 February 2019. Certification is to be submitted to the PCA prior to issue of an Occupation Certificate.
48.	Certification Required – Water Saving Efficient Design Prior to the issue of a final occupation certificate, certification to be provided to the PCA that the installation of water saving efficient devices have been installed.
49.	Protection of Sewage Disposal Areas The disposal area must be protected, and contain signage to ensure that public access is prohibited. Sign is to contain words to the effect: “RECYCLED WASTEWATER BELOW – DO NOT DIG, DO NOT DRINK, NO UNAUTHORISED VEHICLE ENTRY, NO STOCK”
50.	Construction - Food Premises Prior to the issue of the occupation certificate the food premises must be constructed in accordance with design and layout plans approved by Council. *Advisory note:* Requirements of Food Standard Code 3.2.3 and Australian Standard AS4674 – 2004 “Design, construction and fit-out of food premises” to be considered to achieve the necessary construction standards for the food business.
51.	Notification – Food Business In accordance with Section 100 of the Food Act 2003, the operator of the food business must submit a completed Food Business Registration form five (5) working days prior to trading and opening the restaurant. The notification must occur before the food business commences any food handling operations.
52.	Council Inspection required – Food Premises The operator of the food premises shall obtain a satisfactory pre-operational inspection from Councils Environmental Health Officer prior to trading and opening the restaurant. . *Advisory note:* Inspections by Council’s Environmental Health Officers can be arranged during the fit-out stage and the final pre-operational inspection. Inspection fees are levied as per Council’s adopted Fees and Charges. Note requests for a final inspection must be made with at least five (5) working days notice.
53.	Exhaust System On completion of the kitchen exhaust-hood installation, Certification to be provided to the PCA by a suitably qualified professional to ensure that the installation satisfies AS1668.2 “Mechanical ventilation for acceptable indoor-air quality” prior to the issue of the Occupation Certificate.
54.	On-site Sewage Management system must be completed and Approval to Operate required 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. 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'.

The following conditions are to be complied with at all times


55.	Patron Number Compliance In order enable monitoring of compliance with the maximum seating numbers as conditioned, all dining patrons must attend by way of pre-booking / reservations only, with no ‘walk-ins’ being permitted. The records of patron numbers must be made available to Council upon request at any time.
56.	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.
57.	No Associated use permitted at Scarrabelotti’s Lookout for events or similar The restaurant or any associated restaurant parties can not use any part of Scarrabelottis lookout for patron gatherings including any weddings, functions, photography or similar use associated with an event held at the Restaurant, other than access and parking of vehicles.
58.	Approved use Use of the restaurant is approved for restaurant purposes, as defined within Byron Local Environmental Plan 1988, and not as a function centre. Any activity other than that defined as restaurant must not be carried out.
59.	Maximum wastewater generation The total volume of sewage generated by the premises and treated by the wastewater facility shall not exceed 1180L/day.
60.	Car parking and signage at Scarrabelotti’s Lookout No car parking is to be reserved at Scarrabelotti’s Lookout for the restaurant, and all spaces are to be used on a first come first served basis. The Lookout Area must be clear of any visible clutter associated with the restaurant.
61.	Noise Management Plan – Operations The operator of the premises must ensure that restaurant is operated in accordance with Noise Management Plan (NMP) Noise Management Plan - Proposed Restaurant Lot 384 DP727453, 784 Coolamon Scenic Drive Coorabell Ref No. 17154_NMP- 0 prepared by Greg Alderson & Associates dated 20 November as approved by Council. Further · Garbage and recycling bins are to be emptied between 8 am and 5 pm only; · The kitchen extraction fan is to operate between 7am and 4 pm only;
62.	Treated Wastewater Treated effluent discharged to the disposal areas must comply with the following 90th percentile performance standards at all times: a) TN <60 mg/L b) TP <20 mg/L c) BOD5 <10 mg/L d) TSS <10 mg/L e) Thermotolerant Coliforms <10 cfu/100 mL
63.	Potable Water Supply Testing, Reporting and rain water supply The potable water supply must be maintained in accordance with the requirements of NSW Health’s Private Water Supply Guidelines (2016) including annual water quality testing by a NATA accredited laboratory. Results must be kept on site and provided to Council on request. All rain water supply tanks are required to divert water from the first rainfall using a first flush or bypass device.
64.	Trade Waste All trade waste pre-treatment devices shall be serviced and maintained to ensure that all relevant environment protection standards are satisfied.
65.	Must not interfere with the amenity of the neighbourhood The use of the development must 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 waste storage and sewage facilities shall be serviced and maintained to ensure that all relevant environment protection standards are satisfied. Goods deliveries shall be restricted to daytime operating hours.
66.	Work Health and Safety Act 2011 The operator of the café shall comply with the Work Health and Safety Act 2011 statutory requirements. Staff shall be provided with adequate toilet and washing facilities.
67.	NSW Smoke-free Environment Amendment Act 2004 The café shall comply with the provisions of the NSW Smoke-free Environment Amendment Act 2004.

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.

Occupation Certificate required:

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

Food handling/storage

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

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.

Enclosed public places (smoke-free environment)

Environment Act 2000 and the Smoke-Free Environment Regulation 2000 and the guidelines in the Regulation for determining what an enclosed public place is. Enquiries may be directed to the NSW Department of Health. The legislation may be viewed on: http://www.legislation.nsw.gov.au/maintop/scanact/inforce/NONE/0

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.

Public Parking in Road Reserve

Any car parking spaces on the road reserve (Lookout) to be regulated by the roads authority under the terms of the Road Transport Act 2013.

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).