1) BYRON SHIRE COUNCIL
13.10 - Attachment 3
Conditions of consent
Parameters
1) Development is to be in accordance with approved plans
The development is to be in accordance with plans listed below:
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Ref No. |
Description |
Author |
Date |
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DA 02 B |
Survey Plan (Demolition Plan) |
Project Tourism International Architects |
17/11/2015 |
|
DA 03 D |
Site Analysis / Basement Plan |
Project Tourism International Architects |
17/11/2015 |
|
DA 04 I |
Ground Floor & First Floor Plans |
Project Tourism International Architects |
17/11/2015 |
|
DA 05 H |
Second Floor Plans & Roof Plan |
Project Tourism International Architects |
17/11/2015 |
|
DA 06 D |
Sections A & B |
Project Tourism International Architects |
17/11/2015 |
|
DA 07 C |
Section C & D |
Project Tourism International Architects |
17/11/2015 |
|
DA 08 F |
Elevation N & S |
Project Tourism International Architects |
17/11/2015 |
|
DA 09 F |
Elevations E & W |
Project Tourism International Architects |
17/11/2015 |
|
DA 10 B |
3D Perspective Views |
Project Tourism International Architects |
17/11/2015 |
2) Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:
(a) that the work must be carried out in accordance with the requirements of the Building Code of Australia ,
(b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.
(2) This clause does not apply:
(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or
(b) to the erection of a temporary building.
(3) In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant construction certificate is made.
3) Erection of signs
(1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.
(2) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:
(a) showing the name, address and telephone number of the principal certifying authority for the work, and
(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and
(c) stating that unauthorised entry to the work site is prohibited.
(3) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
(4) This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.
(5) This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.
(6) This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.
Note: Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).
4) Shoring and adequacy of adjoining property
(1) For the purposes of section 80A (11) of the Act, it is a prescribed condition of development consent that if the development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:
(a) protect and support the building, structure or work from possible damage from the excavation, and
(b) where necessary, underpin the building, structure or work to prevent any such damage.
(2) The condition referred to in subclause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.
The following conditions are to be complied with prior to issue of a Construction Certificate for demolition works
5) Dilapidation Report
The submission of a certified report from suitably qualified and practising geotechnical and structural engineers, certifying that the method of construction and dewatering will not adversely impact/effect the structural integrity and support of the neighbouring buildings and associated private and public infrastructure within the zone of influence of the construction site. The report is to also address the current structural state of those buildings and infrastructure.
The engineers are to be Corporate Members of the Institution of Engineers Australia.
The following conditions are to be complied with prior to issue of a Construction Certificate for building works
6) Amended Plans required
The plans that are submitted and approved as part of the Construction Certificate must incorporate the following modifications:
a) The roof over the pool deck on the western side of the uppermost floor must be reduced so that an eave of no more than 600mm extends from the western wall of the uppermost floor. The purpose of this modification is to reduce overshadowing on the adjoining property to the west. Reducing the roof area to 600mm on the eastern side of the uppermost floor is optional.
b) The existing 600mm wide planter box shown on the western side of the uppermost floor must be extended north and south for the full length of the western deck area. The height of planter box must meet the Building Code of Australia and be not more than 1010mm. Landscaping within the planter box is to be limited to low growing shrubs.
c) The doors to the lift within the basement must be altered to achieve consistency with the floors above.
d) As Unit 202 has two areas with laundry facilities, one must be deleted from the floor plan.
7) Certificate of Compliance – Water Management Act 2000
A Certificate of Compliance will be issued on completion of construction of water management works to serve the development and/or on payment of developer charges for water and sewer as calculated in accordance with Byron Shire Council and Rous Water Development Servicing Plans.
Byron Shire Council acts as Rous Water’s agent in this matter and will issue a Certificate of Compliance on behalf of Rous Water upon payment of the Rous Water Development Servicing Charge to this Council.
Note: Copies of the application forms for Certificates of Compliance are available on Council’s website http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf or from Council’s Administration Office. Copies of Byron Shire Council’s Development Servicing Plans are available at Council’s Administration Office.
Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment. A check must be made with Council to ascertain the current rates by contacting Council’s Principal Engineer Systems Planning, Water on 02 6626 7081. Applicable charges can be found on Council’s website: http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64
The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.
PAYMENTS WILL ONLY BE ACCEPTED BY CASH OR BANK CHEQUE.
8) Water and Sewerage - Section 68 approval required
An Approval under Section 68 of the Local Government Act 1993 to carry out water supply work and sewerage work must be obtained.
9) On-site stormwater detention - Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to carry out on-site detention drainage system and connection to a Council approved drainage system.
Note: The plans must be in compliance with Council’s Development Control Plan 2010, Part N and Council’s current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”. Refer to Council’s website for copies of these documents.
10) Geotechnical & Structural certification
A certificate from a professional Engineer(s) experienced in Geotechnical and Structural Engineering is to be provided to the Principal Certifying Authority, certifying that:
a) the design of the civil engineering works for the basement car park structure, including retaining walls, earthworks, dewatering, 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;
c) the civil engineering works will not affect the structural integrity of the adjacent buildings, and;
d) adequate drainage has been provided.
11) Plans of Basement Carpark, Retaining Wall Structures, Earthworks, Drainage and Site Dewatering
The application for a Construction Certificate is to include plans and specifications of the Basement Carpark that indicate (but not limited to) : Retaining Wall Structures, Earthworks, Drainage, Pump Out System and, Site Dewatering (as applicable).
Such plans and specifications must be approved as part of the Construction Certificate.
12) Engineer’s Certification required – Engineering Design Works Basement Car Park.
A certificate from a professional Engineer experienced in structural and geotechnical Engineering, is to be provided to the Principal Certifying Authority, certifying that:
a) the design of the civil engineering works for the basement car park, including retaining walls, earthworks excavations, 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.
13) 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”.
14) On-site stormwater detention - Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to carry out on-site detention drainage system and connection to a Council approved drainage system.
Note: The plans must be in compliance with Council’s Development Control Plan 2010, Part N and Council’s current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”. Refer to Council’s website for copies of these documents.
15) Consent required for works within the road reserve – Lawson Street.
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:
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Driveways, Kerb & Gutter
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Construction of one (1) new driveway. Removal of existing driveway. Reinstatement of footpath area, kerb & gutter and road pavement, as/where required.
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The driveways, kerb & gutter, footpath and associated works are to be in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”. |
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16) 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 the demolition and construction phases of the development, for the driveway/roadworks in Lawson Street and for the construction vehicles manoeuvring throughout the earthworks phase.
The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual, Traffic Control at Work Sites Version 2, and the current Australian Standards, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.
“The plan shall incorporate measures to ensure that motorists using road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site”.
The traffic control plan must be prepared by a suitably qualified and RMS accredited Work Site Traffic Controller.
17) Basement Car parking layout, vehicle circulation and access plans required.
The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent.
The access, parking and manoeuvring for the site is to comply with the requirements of Council’s DCP 2014, AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street commercial vehicle facilities. Plans are to include, but not be limited to, the following items:
a) Fully dimensioned layout plan to scale of the internal driveway/access ramp and the basement car park which also indicates compliance with the current Australian Standards in respect to horizontal and vertical dimensions and clearances;
b) Turning/manoeuvre paths for the design B99 vehicle;
c) Existing and design levels;
d) Longitudinal section of the driveway from the road centreline through to the basement car park; which should also show vertical clearances where the B99 vehicle and driveway ramp enters the basement car park structure, in compliance with Section 5.3.1 and Figure 5.3 of AS2890.1- 2004.
e) Cross sections;
f) Drainage (pipes, pump out pits/system, collection tanks, etc.);
g) Safety sight distances for the driveway, in compliance with DCP 2014 – B4.2.4;
h) A minimum of 14 car spaces, inclusive of 1 disabled car space, and, inclusive of 3 visitor car spaces;
i) Linemarking and signage.
The Engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.
Such plans and specifications must be approved as part of the Construction Certificate.
NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.
18) Developer Contributions to be paid
The Plan may be viewed on line at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby. These contributions are to fund public amenities and services as listed in the schedule. Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended).
The contributions in the schedule are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule.
PAYMENTS WILL ONLY BE ACCEPTED BY CASH OR BANK CHEQUE.
19) Bond required to guarantee against damage to public land
A bond of $5000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets.
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.
20) Public liability insurance cover required
The developer and/or contractor must produce evidence to the Principal Certifying Authority of public liability insurance cover for a minimum of $10 million. Council is to be nominated as an interested party on the policy.
21) S.88E Restriction to be placed on title – Coastal erosion
Documentary evidence is to be provided to the Principal Certifying Authority that a restriction-as-to-user, pursuant to the provisions of S.88E of the Conveyancing Act, 1919, has been placed on the title to the land, the subject of this consent, stating:‑
The development granted via development consent number 10.2014.417 must cease if at any time the coastal erosion escarpment comes within 50 metres of the building subject of the consent. The development the subject of this consent must be demolished and removed immediately. Further the landowner must suitably revegetate the land.
In this restriction coastal erosion escarpment means the landward limit of erosion in the dune system caused by storm waves.
Please note: Documents requiring the endorsement of Council associated with the creation or cancellation of easements, restrictions, covenants are subject to fees listed within Council’s Fees & Charges.
22) Groundwater Contingency Management Plan required
Application for a construction certificate is to include a Groundwater Contingency Management Plan. This Plan must take into account the findings any approved Soils and Water Management Plan and approved Acid Sulfate Soils Plan. The Plan must be prepared by a suitably qualified Environmental / Soil Scientist and approved as part of the Construction Certificate application.
23) Soil and Water Management Plan required
Application for a construction certificate must be accompanied by:
a) A licence from the NSW Department of Natural Resources (DNR) for the dewatering of excavations and any associated groundwater monitoring bores.
b) A detailed Soil and Water Management Plan, approved by Council, for the management of dewatering activities, acid sulfate soils disturbance and discharge water quality.
c) Documentary evidence that a suitably qualified environmental scientist/engineer with experience in groundwater management has been engaged by the proponent to oversee and be responsible for all works associated with the implementation of the approved Soil and Water Management Plan.
d) Contact details of the aforesaid responsible person, including an emergency 24-hour phone number. These details must also be provided to Council’s Environmental Services Department.
24) Environmental Management Plan
An Environmental Management Plan (EMP) must be submitted to Council for approval prior to the issue of the construction certificate for any building works. The EMP must be prepared by a suitably qualified professional and contain details of measures to be undertaken to ensure that construction works do not result in any off-site impacts that could interfere with neighbourhood amenity.
25) Noise Management Plan
A Noise Management Plan must be submitted to Council for approval prior to the issue of the construction certificate for any building 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 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).
26) Dewatering Management Plan required
Dewatering Management Plan to Council’s Team Leader, Environment Services for approval prior to issue of the Construction Certificate. This Plan must take into account the findings any approved Soils and Water Management Plan and approved Acid Sulfate Soils Plan and include the following:
· water quality criteria for waters to be discharged to the stormwater system, to be derived from ANZECC / ARMCANZ (2000) Fresh and Marine Water Quality Guidelines 95 % species protection trigger levels for freshwaters, or similar. Parameters to include, but not be limited to, pH, electrical conductivity, dissolved oxygen, total suspended solids, turbidity, ammonia, oxidised nitrogen (NOx), Total Nitrogen (TN), Filterable Reactive Phosphorus, Total Phosphorus, Total Petroleum Hydrocarbons, Benzene, toluene, ethyl benzene, xylene (BTEX), Polycyclic Aromatic Hydrocarbons (PAHs) and Aluminium;
· details of proposed water treatment prior to discharge to ensure compliance with the above water quality criteria, including those that are manual and automated;
· details of water sampling methodologies and frequencies for each parameter;
· details of disposal methods if water does not comply with above criteria; and
· details of a 24-hour contact person and telephone number for complaints.
27) Unexpected Findings Protocol - Contamination & Remediation
An Unexpected Findings Protocol (UFP) must be prepared and submitted to Council for approval prior to the issue of Construction Certificate. The UFP must be prepared by a suitable qualified person experienced in matters relating to Contamination of Land and Remediation, to the satisfaction of Council’s Director of Planning, Development and Environment.
28) Site Waste Minimisation and Management Plan
Chapter 1: Part F of Byron Shire Development Control Plan 2010 (DCP 2010) 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/publications/swmmp_-_pro-forma-.doc)
29) Landscaping plan required
The application for a Construction Certificate is to include plans and specifications that indicate the landscaping within the balcony/terrace areas of the site. The landscaping plan must indicate:
a) proposed location for planted shrubs and trees.
b) botanical name of shrubs and trees to be planted.
c) mature height of trees to be planted.
d) The plan is to be prepared by a suitably qualified landscape architect / architect /ecologist who has appropriate experience and competence in landscaping.
Such plans and specifications must be approved as part of the Construction Certificate.
The following conditions are to be complied with prior to any building or demolition works commencing
30) Approved Environmental Plans must be implemented
The works engineer must certify to the Principal Certifying Authority that all requirements contained in the following have been implemented:
· Acid Sulfate Soils Management Plan
· Soil and Water Management Plan
· Environmental Management Plan
· Groundwater Contingency Management Plan
· Dewatering Management Plan
· Unexpected Findings Protocol - Contamination & Remediation
31) Traffic Management Plan
The approved traffic management plan is to be implemented.
32) Public safety requirements
All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. The public liability insurance cover, for a minimum of $10 million, is to be maintained for the duration of the construction of the development. Council is to be nominated as an interested party on the policy. Council is not held responsible for any negligence caused by the undertaking of the works.
33) Erosion and Sediment Control Management Plan
Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.
Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control plan/s must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.
Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).
Note: Council may impose on-the-spot fines for non-compliance with this condition.
34) Signs to be erected on building and demolition sites
A sign must be erected in a prominent position on the work site:
a) stating that unauthorised entry to the work site is prohibited, and
b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.
Any such sign is to be removed when the work has been completed.
35) Builders rubbish to be contained on site
All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.
The following conditions are to be complied with during building or demolition works
36) 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.
37) 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.
38) Signs to be erected on building and demolition sites
A sign must be erected in a prominent position on the work site:
c) stating that unauthorised entry to the work site is prohibited, and
d) 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.
39) 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.
40) Prevention of water pollution
Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.
Note: Council may impose on-the-spot fines for non-compliance with this condition.
41) Disconnection of existing water and sewer prior to demolition
Existing water and sewer services must located on site and be properly capped at the main by a licenced plumber. All water and sewer disconnections must be inspected by the Byron Shire Council inspectors prior to backfilling.
- If a property is demolished and no longer needs water supply and/or a sewerage service, a licensed plumber must disconnect the service at the main (also known as 'capping the service').. The plumber must also return the water meter to Council’s inspector at the time of inspection.
- If your development involves consolidating lots and you don’t need all the existing services, you must correctly disconnect them. This ensures that you aren’t billed for unused services and helps avoid future hidden leaks.
Your Plumber must obtain a Plumbing Permit at least two (2) working days prior to commencing work. Please forward an Application for a Plumbing Permit to your plumber to complete and to return to Council prior to commencement of disconnection works. Refer to http://www.byron.nsw.gov.au/files/Forms/Plumbing_Drainage_Permit.pdf.
42) Water service and meter to be connected
A water service and water meter must be connected to the property using an approved backflow prevention device. It is the applicant’s responsibility to engage a licensed plumber who shall liaise with council during this process.
Any new water service and meter will be at the applicants cost.
43) Prevention of water pollution
Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.
Note: Council may impose on-the-spot fines for non-compliance with this condition.
44) Electrical and Mechanical Equipment
For buildings constructed on flood liable land, the electrical and mechanical materials, equipment and installation must conform to the requirements of Chapter C2 of Development Control Plan 2014.
45) Approved Environmental Plans must be implemented
Works must be in accordance with the following approved plans:
· Acid Sulfate Soils Management Plan
· Soil and Water Management Plan
· Environmental Management Plan
· Groundwater Contingency Management Plan
· Dewatering Management Plan
· Unexpected Findings Protocol - Contamination & Remediation
46) WorkCover Authority
All works must be undertaken in accordance with the requirements of the WorkCover Authority.
47) Removal of asbestos and other wastes
All wastes, including asbestos and lead-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
All asbestos wastes associated with removal of the existing dwelling to be disposed of in accordance with the requirements of the WorkCover Authority. The applicant/owner is to produce documentary evidence that this condition has been met.
48) Support for neighbouring buildings
If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:
a) must preserve and protect the adjoining building from damage;
b) if necessary, must underpin and support the building in an approved manner;
c) must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.
The owner of the adjoining allotment of land, public road or any other public place is not to be held liable for any part of the cost of work carried out, whether carried out on the allotment of land being excavated or on the public road, any other public place or the adjoining allotment of land.
49) 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 (2008) and the approved Remedial Action Plan.
50) Imported Fill
Any imported fill material used to back fill tank pits must be certified as clean or virgin material. The applicant/owner is to produce documentary evidence that this condition has been met.
The following conditions are to be complied with prior to occupation of new building works
51) Road damage
Any damage caused to Council or other Public Authority’s assets as a result of construction works associated with the approved development is to be repaired, to the satisfaction of the public authority, by the contractor/developer prior to the issue of any 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.
52) Works to be completed prior to issue of a Final Occupation Certificate
All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, 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.
53) Car parking, driveways and access areas to be completed and signs to be provided.
The car parking, driveways and access areas are to be constructed in accordance with the approved plans. Signs are to be erected clearly indicating the availability of off-street parking and the location of entry/exit points, visible from both the street and the subject site.
54) Geotechnical & Structural Certification required – Completed Engineering Works
A Certification from a professional Engineer(s) experienced in Geotechnical and Structural Engineering is to be provided to the Principal Certifying Authority, certifying that:
a) the constructed completed civil engineering works, inclusive of the basement car park structure, retaining walls, earthworks, drainage, 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;
c) the civil engineering works will not affect the structural integrity of the adjacent buildings, and;
d) adequate drainage has been provided.
55) 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) Not concentrated so as to cause soil erosion,
c) Not directly to a watercourse, and
d) Not onto adjoining land.
56) Stormwater drainage – Certification of works
a) Stormwater must be collected and disposed of in a controlled manner in accordance with the approval granted to an application under Section 68 of the Local Government Act 1993.
b) Certificates, such as ‘hydraulic/hydrological compliance’ and ‘structural adequacy’ must be submitted to the Principal Certifying Authority (PCA) prior to occupation.
c) The certificates are to be from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans, Council’s current ‘Design & Construction Manuals, Section 68 Approvals and DCP 2014.
d) The submission of works as executed drawings for the storm water prior to a final plumbing inspection.
57) Certification required
The works engineer must certify to the Principal Certifying Authority that all works have been carried out in accordance with the approved Environmental Management Plans including:
· Acid Sulfate Soils Management Plan
· Soil and Water Management Plan
· Environmental Management Plan
· Groundwater Contingency Management Plan
· Dewatering Management Plan
· Unexpected Findings Protocol - Contamination & Remediation
58) Dilapidation report
The submission of a certified report from suitably qualified and practising geotechnical and structural engineers, certifying what, if any, impacts/effects that the completed development has had on the neighbouring buildings and associated private and public infrastructure within the zone of influence of the construction site. The report is to also address what measures are to be implemented, and in what time frame, to rectify any such identified defects.
The engineers are to be Corporate Members of the Institution of Engineers Australia.
The following conditions are to be complied with prior to occupation of the building
59) 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.
60) Car Parking areas to be completed and signs to be provided.
The car parking areas are to be constructed in accordance with the approved plans. Signs are to be erected clearly indicating the availability of off-street parking and the location of entry/exit points, visible from both the street and the subject site.
61) Internal & External driveway in accordance approved plans
The internal and external driveways, and, vehicle manoeuvring areas are to be constructed in accordance with the approved plans.
62) Stormwater disposal
Stormwater must be collected and disposed of in a controlled manner such that stormwater flows are:
e) Clear of buildings and infrastructure,
f) Not concentrated so as to cause soil erosion,
g) Not onto adjoining land.
63) Floor Levels
Prior to the issue of an occupation certificate the owner/builder of a development is to confirm in writing to Council the as-built levels are as per the approved designs and compliance with the current Australian Standards (ie the heights are confirmed by a registered surveyor). The heights/levels which should be provided would be basement car park floor and vertical clearances and horizontal dimensions.
64) Stormwater drainage – Certification of works
The certificates are to be from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans, and Council’s current ‘Design & Construction Manuals’ and DCP.
65) Engineer’s Certification required – Constructed Basement Car Park
A certificate from a professional Engineer experienced in structural and geotechnical Engineering, is to be provided to the Principal Certifying Authority, certifying that:
· the constructed engineering works for the basement car park; including retaining walls, drainage, and earthworks excavations, has been supervised and assessed as structurally adequate,
· all works have been constructed in accordance with the approved plans and Council’s current “Design & Construction Manuals”.
The following conditions will need to be complied with at all times
66) Car Parking spaces are to be available for the approved use
A minimum of 14 car spaces, inclusive of 1 disabled car space are to be provided and maintained, together with all necessary access driveways and turning areas, to the satisfaction of Council.
67) Vehicles to enter/leave in a forward direction
Vehicles using any off-street loading/unloading and/or parking area must enter and leave in a forward direction. All driveways and turning areas must be kept clear of obstructions that prevent compliance with this condition.
68) Landscaping to be maintained
The landscaping within the approved landscaping plan must be maintained at all times.
69) Swimming pool discharge
Swimming pool’s discharge for waste water is to be in accordance with AS/NZS 3500.2.2, Section 10.9 & Figure 10.2.
70) Swimming Pool controlled discharge rate
The maximum allowable flow rate of filtered backwash water into the sewer is 0.45 L/s.
71) Unexpected Findings Protocol - Contamination & Remediation
The subject site must be managed at all times in accordance with any long-term management recommendations resulting from the Unexpected Findings Protocol (UFP).
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 Council’s website www.byron.nsw.gov.au
Occupation Certificate required:
The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.
Signs require consent:
Council’s Planning Instruments requires development consent for most forms of advertising signs and structures. The Council has adopted a policy relating to outdoor advertising that sets out standards for various forms of advertising. Information is available from Council’s Local Approvals Branch.
Principal Certifying Authority:
Work must not commence until the applicant has:-
· appointed a Principal Certifying Authority (if the Council is not the PCA); and
· given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.
· notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.
Penalties apply for failure to comply with development consents
Failure to comply with conditions of development consent may lead to an on the spot fine (generally $600) being issued pursuant to section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 125 of the Environmental Planning & Assessment Act 1979.
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.
Civil Works
The civil works shall be designed and constructed in accordance with Council’s Engineering Standard current at the time of submission of Engineering Plans for approval by Council. Approval of Engineering Plans will be current for a period of two years after which time Council may require the alteration to the Engineering Design to comply with standard current at that date.
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.
Reasons
· To ensure access for people with access disabilities.
· To comply with the provisions of Byron Local Environmental Plan 2014.
· To preserve the environment and existing or likely future amenity of the neighbourhood.
· To protect the environment.
· To preserve the amenity of the area.
· To ensure adequacy of services to the development.
· To ensure public health and safety.
· To ensure compliance with Section 68 of the Local Government Act 1993.