1) BYRON SHIRE COUNCIL
13.20 - Attachment 1
CONDITIONS OF CONSENT:
Parameters of this Consent
1) Development is to be in accordance with approved plans
The development is to be in accordance with plans listed below:
|
Plan No. |
Description |
Prepared by |
Dated: |
|
0100 (Issue 1) |
Existing site + existing roof plan (demolition plan) |
Shane Thompson |
13/08/15 |
|
0101 (Issue 1) |
Existing ground floor plan (demolition plan) |
Shane Thompson |
13/08/15 |
|
0102 (Issue 1) |
Existing level 1 plan (demolition plan) |
Shane Thompson |
13/08/15 |
|
0200 (Issue 1) |
Existing / demolition elevations |
Shane Thompson |
13/08/15 |
|
0201 (Issue 1) |
Existing / demolition elevations
|
Shane Thompson |
13/08/15 |
|
1100 (Issue 3) |
Proposed roof |
Shane Thompson |
13/08/15 |
|
1101 (Issue 4) |
Proposed basement |
Shane Thompson |
13/08/15 |
|
1102 (Issue 4) |
Proposed ground floor |
Shane Thompson |
13/08/15 |
|
1103 (Issue 4) |
Proposed level 1 |
Shane Thompson |
13/08/15 |
|
1104 (Issue 4) |
Proposed level 2 |
Shane Thompson |
13/08/15 |
|
2000 (Issue 2) |
Proposed elevations |
Shane Thompson |
13/08/15 |
|
2001 (Issue 2) |
Proposed elevations |
Shane Thompson |
13/08/15 |
|
3000 (Issue 1) |
Proposed sections |
Shane Thompson |
13/08/15 |
|
3001 (Issue 2) |
Proposed sections |
Shane Thompson |
13/08/15 |
|
15/242-01 |
Design Intent and Plant Schedule |
Design Team Ink |
03.08.15 |
|
15/242-02 |
Landscape Concept Plan Sheet 1 |
Design Team Ink |
03.08.15 |
|
15/242-03 |
Landscape Concept Plan Sheet 2 |
Design Team Ink |
03.08.15 |
|
15/242-04 |
General Notes |
Design Team Ink |
03.08.15 |
|
7853 |
Soil and Water Management Plan |
Ardill Payne & Partners |
July 2015 (as amended 28/10/15 |
|
7853 |
Acid Sulfate Soils Contingency Plan |
Ardill Payne & Partners |
October 2015 |
|
15106 |
Environmental Noise Report |
CRG Acoustics |
6 August 2015 |
|
|
Social Impact Assessment |
Planning Resolutions |
August 2015 |
The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.
The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.
2) Shoring and adequacy of adjoining property
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.
3) 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.
4) 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).
5) New South Wales Food Act 2003 and Food Regulation 2010
The kitchen must be operated and maintained to ensure that the requirements of the Food Act 2003 and Food Regulation 2010 (incorporating Food Standard Code) are satisfied at all times. Access to the Food Standard Code is available at http://www.foodstandards.gov.au The operator is required to ensure that the business is registered with the NSW Food Authority. Notification may be carried out or updated when required at http://www.foodnotify.nsw.gov.au
6) Neighbourhood Amenity
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. The development must comply with the following:
a) The noise level emanating from the use of the development must comply with the New South Wales Industrial Noise Policy prepared by NSW EPA 2000.
b) All guests and staff must be made aware that they must keep noise levels down to maintain neighbourhood amenity.
c) No glass recycling to be emptied between 8pm and 8am any day;
d) An external walk around to be performed by night staff every hour between 9pm and 4am to stay on top of any noise;
e) 9pm, kitchen cleaner to close all louvers in both male bathrooms to control noise;
f) Night staff to try and encourage staggered departures by enforcing no alcohol from 10pm and quiet time from 11pm in outdoor common areas; and
g) Morning cleaner to do a walk around building after sweeping and collect rubbish from gardens and across the road on the Council reserve.
7) Pool safety sign
The occupier of the premises must ensure that there is at all times a sign in the immediate vicinity of the swimming pool bearing the words ‘Young children must be supervised when using this swimming pool’. The sign is to be a prominent position and be otherwise in accordance with clause 9 of the Swimming Pools Regulation, or similar.
8) Swimming pool health requirements
The swimming pool water is to be re-circulated, filtered and disinfected in accordance with the requirements of Council and NSW Health. The swimming pool water is to be maintained at satisfactory levels of purity for bathing at all times
The following conditions are to be complied with prior to issue of a Construction Certificate
9) Existing building to comply with fire safety provisions
In accordance with Clause 94 of Environmental Planning & Assessment Regulation 2000, the existing building is to be brought if necessary into compliance with the fire protection and structural provisions of the Building Code of Australia.
10) Geotechnical Report required – Building Works
A certificate from a professional Engineer experienced in Geotechnical Science is to be provided to the Principal Certifying Authority, certifying that the site is stable and will not be affected by landslide or subsidence at, above or below the site when the building is erected. The certificate must be prepared in accordance with AS 1726.
11) 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.
12) Sediment and Erosion Control Management Plan required
Such plans and specifications must be approved as part of the Construction Certificate.
NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.
13) 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.
14) Consent required for works within the road reserve
Consent from Council must be obtained for works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve.
Such plans are to be in accordance with Council’s current Design & Construction Manuals and are to provide for the following works:
|
Driveway
|
A driveway(s) in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”. Generally conform to the Concept Plan prepared by Ardill Payne 7853/SK1 B |
15) Traffic Management Plan
16) 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 Development Control Plan 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) pavement description;
b) site conditions affecting the access;
c) existing and design levels;
d) longitudinal section from the road centreline to the car space(s);
e) drainage (pipes, pits, on-site detention, etc.);
f) turning paths;
g) 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.
Signage shall be provided at the street frontage of the driveway advising users to give way to exiting vehicles.
Car Park #8 as notated on Ardill Payne Plan 7853/SK1 shall be used as a manoeuvring area and shall be signed as no parking or no standing. 2 Disabled Car Parking spaces must be provided within the subject allotment (Note: Minimum floor to ceiling height for accessible parking spaces is 2.5m)
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”.
17) Access and facilities for disabled
The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia. Such plans and specifications must be approved as part of the Construction Certificate.
18) Dilapidation Report
The submission of a certified report from suitably qualified and practising geotechnical and structural engineers, certifying that the method of construction 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.
19) Section 94A Levy to be paid
Prior to the issue of a construction certificate the section 94A levy required by the Byron Developer Contributions Plan2012 shall be paid to Council.
The levy will be calculated as follows: Levy payable = %C x $C
Where: %C is the levy rate applicable as set out in the latest Ministerial Direction issued under section 94E.
$C is the proposed cost of carrying out the development.
The rate of %C is:
|
Proposed cost of the development |
Maximum percentage of the levy |
|
Up to $100,000 |
Nil |
|
$100,001–$200,000 |
0.5 percent |
|
More than $200,000 |
1.0 percent |
The cost of development shall be shall be calculated in accordance with clause 25J of the regulation. The Cost Summary Report (copy attached) as set out in schedule 2 of the Section 94A contributions plan shall be submitted to Council with the with the payment. Copies of Cost Summary Report are available at Council’s main office or may be downloaded from http://www.byron.nsw.gov.au/
As an alternative to the provision of the cost summary report prepared by a quantity surveyor Council will accept the contract price for the construction.
20) 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
21) Garbage store area to be provided
The application for a Construction Certificate is to include plans and specifications that indicate the proposed garbage store area. The proposed garbage store area is to be designed and constructed in accordance with the requirements of Chapter B8 of the Byron Shire Council Development Control Plan 2014. The enclosure must incorporate a concrete base with enclosure of suitable materials to provide adequate site and top screening and visual integration with the buildings and landscape treatment.
22) 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.
23) Trade Waste - Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to discharge trade waste into Council’s sewer must be obtained in accordance with NSW Office of Water Liquid Trade Waste Regulations Guidelines 2009, Council’s Liquid Trade Waste Policy and Liquid Trade Waste Guidelines.
Commercial, business, trade and industrial activities discharging or proposing to discharge to the sewer are required to notify Council and complete the Trade Waste Registration Form available at the Mullumbimby Office and from Council’s website at: http://www.byron.nsw.gov.au/files/publications/liquid_trade_waste_application_form_0.pdf
24) Certificate of Compliance – Water Management Act 2000
A Certificate of Compliance will be issued upon payment of developer charges for water and sewer as calculated in accordance with Byron Shire Council and Rous Water Development Servicing Plans.
Byron Shire Council acts as Rous Water’s agent in this matter and will issue a Certificate of Compliance on behalf of Rous Water upon payment of the Rous Water Development Servicing Charge to this Council.
Note: Copies of the application forms for Certificates of Compliance are available on Council’s website http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf or from Council’s Administration Office. Copies of Byron Shire Council’s Development Servicing Plans are available at Council’s Administration Office.
Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment. A check must be made with Council to ascertain the current rates by contacting Council’s Principal Engineer Systems Planning, Water on 02 6626 7081. Applicable charges can be found on Council’s website: http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64
The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. Payment by Personal or Company Cheque will not be accepted.
25) Details of onsite mechanical plant design to be submitted for approval
Mechanical plant must be designed and installed to comply with noise criterion recommended in Section 4.0 of Environmental Noise Impact Report prepared by CRG Acoustics dated 6th August 2015. Details and specifications must be accompanied by an acoustic assessment report from a suitably qualified acoustic consultant and must be approved as part of the Construction Certificate for building works.
26) Details of acoustic treatments for building construction to be submitted for approval
The application for a construction certificate must include plans and specifications that demonstrate the inclusion of acoustic treatments recommended in Section 6.0 of Environmental Noise Impact Report prepared by CRG Acoustics dated 6th August 2015. Such plans and specifications must be approved as part of the Construction Certificate for building works.
27) Environmental Management Plan
An Environmental Management Plan (EMP) must be submitted to Council for approval prior to the issue of the construction certificate for building works. The EMP must detail the methods that will be implemented for the whole project and:
a) be prepared by a suitably qualified professional;
b) contain details of measures to be undertaken to ensure that construction works do not result in any off-site impacts, including those that could interfere with neighbourhood amenity;
c) include a Waste Management Strategy that details the management of building wastes created as a result of the construction including on-site storage and disposal of building wastes; and
d) include details of complaints handling process.
28) Noise Management Plan
A Noise Management Plan must be submitted to Council for approval prior to the issue of the construction certificate for building works. The Noise Management Plan must detail the methods that will be implemented for the whole project to minimise construction noise. Information must 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: Refer to DECC’s ‘Interim Construction Noise Guideline’ (2009) for more information (see http://www.environment.nsw.gov.au/noise/constructnoise.htm).
29) Details of pool fence required
The application for a Construction Certificate is to include plans and specifications that indicate the details of the fence around the swimming pool in accordance with the Swimming Pools Act 1992 and AS1926.1. Such plans and specifications must be approved as part of the Construction Certificate.
30) Dewatering Management Plan required
Dewatering Management Plan to be submitted to Council 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 Contingency Plan and include the following:
· copy of licence from the NSW Department of NSW Office of Water for the dewatering of excavations and any associated groundwater monitoring bores;
· 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.
31) 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 Contingency Plan. The Plan must be prepared by a suitably qualified Environmental / Soil Scientist and approved as part of the Construction Certificate application.
32) 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.
The following conditions are to be complied with prior to commencement of building or demolition works
33) 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 licensed 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.
The following conditions are to be complied with during construction/demolition
34) Demolition work
The existing dwelling house structure is to be demolished in accordance with AS 2601 - Australian Standard AS 2601- 1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993.
35) Construction Traffic
The construction works must be managed to ensure safe and efficient movement of construction related vehicles onto, off and within the construction site, whilst minimising disruptions/impacts and maintaining a safe environment for vehicular and pedestrian traffic external to the site during the construction phases. Any proposal to regulate traffic on the public road must obtain separate approval from Council of a traffic management plan under section 138 of the Roads Act 1993.
36) Construction/demolition times
Construction/demolition works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction/demolition noise, when audible on adjoining residential premises, can only occur:
a) Monday to Friday, from 7 am to 6 pm.
b) Saturday, from 8 am to 1 pm.
c) No construction/demolition work to take place on Sundays or Public Holidays.
37) Construction/demolition noise
Construction/demolition noise is to be limited as follows:
d) For construction/demolition 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/demolition site is in operation must not exceed the background level by more than 20 dB(A).
e) For construction/demolition 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).
38) 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.
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) 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.
41) Approved Environmental Plans must be implemented
All controls and measures must be maintained in accordance with the following approved plans:
· Acid Sulfate Soils Contingency Plan
· Soil and Water Management Plan
· Environmental Management Plan
· Noise Management Plan
· Groundwater Contingency Management Plan
· Dewatering Management Plan
· Unexpected Findings Protocol - Contamination & Remediation
The applicant is required to ensure that the construction management and all construction staff must be made aware of their responsibility to abide by the plans.
42) Dewatering of Excavations
Dewatering of excavations must be conducted in accordance with the approved dewatering plan. 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.
43) Demolition, construction and building 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 (2014) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf
44) 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.
45) 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.
46) Sound proofing
Division walls between attached dormitories must be of sound resisting materials constructed with minimum sound transmission loss in accordance with the Building Code of Australia.
The following conditions are to be complied with prior to issue of a Final Occupation Certificate
47) Works to be completed prior to issue of a Final Occupation Certificate
All of the works (including landscape works and bush fire mitigation measures specified within the Bush Fire Safety Authority) 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.
48) Public Art
Public art is to be provided in accordance with Byron Development Control Plan 2010, Chapter 1 Part E. All art work is to be provided and installed in accordance with Council’s Development Control Plan 2010 prior to issue of the Occupation Certificate. Evidence of Public Art expenditure to a minimum cost of $25,000.00 is to be provided prior to the issue of the Occupation Certificate.
49) 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.
50) Mechanical plant noise attenuation
A suitably qualified acoustic consultant must certify that noise treatment measures have been constructed in order to achieve compliance with the noise criterion recommended in Section 4.0 of Environmental Noise Impact Report prepared by CRG Acoustics dated 6th August 2015.
Certification must be submitted to Council prior to the issue of an Occupation Certificate.
51) 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 Contingency Plan
· Soil and Water Management Plan
· Environmental Management Plan
· Noise Management Plan
· Groundwater Contingency Management Plan
· Dewatering Management Plan
· Unexpected Findings Protocol - Contamination & Remediation
52) Compliance with the NSW Food Act and Food Regulation
The kitchen must be constructed to
comply with the New South Wales Food Act 2003 and Food Regulation 2010. 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.
53) Unexpected Findings Protocol - Contamination & Remediation
The works engineer must certify to the Principal Certifying Authority that all works have been carried out in accordance with the approved Unexpected Findings Protocol (UFP).
54) Signs required
A sign must be erected in a prominent position within the existing ablution rooms displaying the following words, or words to that effect: “NOISE LEVELS - please RESPECT our NEIGHBOURS”.
55) 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 Part N of DCP 2010 (Certificate of Compliance form).
Reasons for conditions
· To ensure access for people with access disabilities.
· To comply with the provisions of relevant Environmental Planning Instruments.
· 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.
Notes
Consent granted under the Roads Act 1993
The following works in the road reserve are granted consent pursuant to Section 138 of the Roads Act 1993.
· Gutter crossing and driveway from the kerb to the property boundary.
This consent is issued by Byron Shire Council, being the road authority, for the above proposed works and/or structures subject to the following conditions:
1) Gutter crossing and driveway are to be constructed in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.
2) All work is to be in accordance with Council’s adopted standards.
3) Twenty four hours notice must be given for the following required inspections:
a) upon placing of all formwork and reinforcement, prior to pouring concrete, and
b) upon completion of all work.
4) All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. The developer and/or contractor must produce evidence to Council of Public Liability Insurance cover for a minimum of $10 Million prior to the commencement of any works. Council is to be named as a Principal in the policy. Council is not be held responsible for any negligence caused by the undertaking of the works.
Please contact Council’s Local Approvals and Certification Officer for the booking of inspections on (02) 6626 7050.
Water payments under the Water Management Act 2000
Charges will be calculated based on the additional water and sewerage load that the proposed development generates, shown in Equivalent Tenements (ET) by the following table:
ADDITIONAL
WATER & SEWER LOAD OF DEVELOPMENT
(ET Policy No:13/005)
|
Water |
13.96 ET |
|
Bulk Water |
13.96 ET |
|
Sewer |
21.39 ET |
NB: Information regarding Development Servicing charges can be found on the Byron Shire Council website (http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64). These charges will enable you to calculate the total contribution charges payable when you are ready to pay them. Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment.
NSW Office of Water
The Statement of Environmental Effects indicates the likely need for dewatering. Any take of water as a result of minor temporary dewatering activities that is estimated to be less than 3 megalitres per year (3ML/yr) will generally not require a licence or approval from DPI Water.
It is the applicant's responsibility to assess and monitor water take and impacts, and to advise DPI Water if they exceed these conditions, at which time a licence must be obtained. The applicant must also meet all requirements of other agencies and consent authorities as per usual.
If it is the applicant's estimation that water take will exceed 3ML/yr then they must apply for a licence under Part 5 of the Water Act 1912 prior to commencing the activity. DPI Water would require the following additional information prior to accepting a licence application:
o More detailed information on the proposed/required depth of dewatering and proposed/required depth of excavation at the site.
o A table specifically committing to discharge water quality criteria should be produced as part of the soil and water management plan, rather than referencing a table showing background results for the receiving environment, ie. a table committing to pH 6.16 —6.54 etc.
o It is unclear how records will be kept for compliance purposes from the inline meter and dossing operation. Further information should be supplied in this regard. In addition, it is the applicant's responsibility to ensure that post construction dewatering is not required. Further information on controlled activity approvals under the Water Management Act 2000 can be obtained from the Office of Water's website.
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.
SCHEDULE 2
Cost Summary Report
[Development Cost greater than $500,000]
DA /CC/CDC No.........................................................................................................................
DATE:..........................................................................................................................................
APPLICANT’S NAME:................................................................................................................
APPLICANT’S ADDRESS:.........................................................................................................
DEVELOPMENT DETAILS:.......................................................................................................
DEVELOPMENT ADDRESS:....................................................................................................
ANALYSIS OF DEVELOPMENT COSTS:
|
Gross Floor Area – Commercial |
m2 |
Gross Floor Area – Other |
m2 |
|
Gross Floor Area – Retail |
m2 |
Total Gross Floor Area |
m2 |
|
Gross Floor Area – Car Parking |
m2 |
Total Site Area |
m2 |
|
Total Development Cost |
$ |
Total Car Parking - Spaces |
|
|
Total Construction Cost |
$ |
|
|
|
Total GST |
$ |
|
|
I certify that I have:
· inspected the plans the subject of the application for development consent or construction certificate.
· calculated the development costs in accordance with the definition of development costs in clause 25J of the Environmental Planning and Assessment Regulation 2000 at current prices.
· included GST in the calculation of development cost.
Signed: .........................................................................................................................................
Date: ..............................................................................................................................................
Name: ...........................................................................................................................................
Phone: ..........................................................................................................................................
Position and Qualifications: .....................................................................................................
Address: