Conditions of consent 10.2016.135.1

BYRON SHIRE COUNCIL

13.9 - Attachment 2

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:
Project 1415 plans 1.1 to 3.2 (as follows)	Alterations and Additions, 4 Ferguson Court Bangalow	Davis Architects	23 /9/ 2015
1.1 Rev A	Cover Sheet Site Plan	Davis Architects	23 /9/ 2015
1.2 Rev A	Site Plan	Davis Architects	23 /9/ 2015
1.3 Rev A	Ground Floor Plan	Davis Architects	23 /9/ 2015
1.4 Rev A	Landscape Plan	Davis Architects	23 /9/ 2015
1.5 Rev AB	Roof Plan	Davis Architects	23 /9/ 2015
2.1 Rev A	Studio Elevations	Davis Architects	23 /9/ 2015
2.2 Rev A	Existing Building Elevations	Davis Architects	23 /9/ 2015
3.1 Rev A	Sections	Davis Architects	23 /9/ 2015
3.2 Rev A	Sections 2	Davis Architects	23 /9/ 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. 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

(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. Notification of Home Building Act 1989 requirements

(1) For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989.

(2) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be appointed:

(i) the name and licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

(3) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

(4) 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.

5. Concurrent Approvals

The following approvals are provided under Section 78A of Environmental Planning and Assessment Act:

Concurrent Approvals under Section 68 of the Local Government Act 1993

Part B Water supply, sewerage and stormwater drainage work

B5 Carrying out stormwater drainage work

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

6. 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.

The drainage design shall include a “cut off” drain at the boundary with number 35 Rankin Street and number 2 Ferguson Court to ensure that surface water or swimming pool overflow is directed to the stormwater system on Ferguson Court. Rain water tank overflows must also be directed to the stormwater system on Ferguson Court.

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

7. 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.

8. Internal Driveway details required

The application for a Construction Certificate is to include plans and specification that indicate vehicular access from the site boundary to the proposed car space(s). Vehicular access must be in accordance with AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking. Plans are to include 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);

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

9. Compliance with BASIX Certificate requirements

The development is to comply with BASIX Certificate No. 6476185_03, dated 9 May 2016 (dwelling) and BASIX Certificate No. A224022_02, dated 12 May 2016.

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

Note that the plans submitted must clearly indicate all windows numbered or identified in a manner that is consistent with the identification on the BASIX Certificate.

Minor changes to the energy efficiency measures may be undertaken without the issue of any amendment under Section 96 of the Act, provided that the changes do not affect the form, shape or size of the building.

Proposed colours must be consistent with the provisions of Section D1.2.4 of Council’s Development Control Plan 2014. Note that white colours are not permissible.

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

10. Site Waste Minimisation and Management Plan

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.

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

11. Plumbing Standards and requirements.

All Plumbing, Water Supply and Sewerage Works shall be installed and operated in accordance with the Local Government Act 1993, the NSW Code of Practice for Plumbing and Drainage and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications. The changes made are from Plumbers and Drainage Regulation 2012 NSW Government.

a) The licensee is to provide 24 hours notice and attend the site for the following INSPECTIONS, prior to covering of work. Inspections will be carried out a mutually convenient time:

i) Pre-start and Sediment Control;

ii) Internal Drainage;

iii) External Drainage;

iv) Water Rough In;

v) Fire Services;

vi) Stackwork;

vii) Final - all work completed. - * Note below.

b) A licensee is required to provide to Council and owner of the property after completion of the work and within 48 hours, a Compliance Certificate and Sewer Services Diagram/ Works as Executed drawings.

Note: Council will send each plumber proformas of these documents when the Notice of Work permit has been issued by Council to allow the plumber to commence work.

12. Erosion and Sediment measures

Erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. A copy may be downloaded from Council’s web site at http://www.byron.nsw.gov.au/pdfs/stormwater/sediment_erosion.pdf. Particular attention is to be given to the provision of the following sediment and erosion control measures:

a) Temporary driveway from the edge of road to the building site;

b) Temporary downpipes immediately installed after the roof has been erected;

c) Silt fence or sediment barrier.

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

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

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).

13. Bond required to guarantee against damage to public land

A bond of $2000 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.

14. Long Service Levy to be paid

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

These payments may be made online at www.longservice.nsw.gov.au or at Council’s Administration Office, Station Street, Mullumbimby. Where paying to Council, cheques are to be made payable to ‘Byron Shire Council’.

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

The following conditions are to be complied with during construction

15. 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.

16. 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.

17. 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.

18. Toilet facilities

Toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be a standard flushing toilet connected to a public sewer or other approved system.

19. 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.

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

20. 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, is 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 Council’s road/footpath reserve.

21. Internal driveway in accordance approved plans

A driveway is to be constructed from the property boundary to the proposed car space(s) in accordance with the approved plans.

22. Stormwater disposal

Stormwater must be collected and disposed of in a controlled manner such that stormwater flows are:

a) Clear of buildings and infrastructure,

b) Clear of effluent disposal areas,

c) Not concentrated so as to cause soil erosion,

d) Not directly to a watercourse, and

e) Not onto adjoining land.

23. Swimming pool fencing

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

The following conditions are to be complied with at all times

24. Relationship to Principal Dwelling

The secondary dwelling must remain on the same lot as the principal dwelling.

25. Use of Dwelling Houses

The secondary dwelling is not to be used for holiday letting and/or as a tourist facility.

26. No more than the principal dwelling and secondary dwelling

There must not be any dwelling on the land other than the principal dwelling and the secondary dwelling.

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.

a) Twenty four hours’ notice must be given for the following required inspections:
upon placing of all formwork and reinforcement, prior to pouring concrete, and

b) upon completion of all work.

3) 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 Pressure

Byron Shire Council cannot guarantee adequate flow and pressure from the existing water connection for the simultaneous demand of 2 dwellings. In the event an upgrade is required all costs will be the landowner’s responsibility.

Development Contributions

Council resolved not to charge Section 94 contributions for secondary dwellings under SEPP (Affordable Rental Housing Policy) 2009 subject to the following requirements:

a) That the maximum size of the secondary dwelling or granny flat does not exceed 60sqm.

b) That the floor space ratio for the whole development of the site does not extend beyond the 0.5:1 and that 25% of the site must be covered by absorbent surfaces such as lawn or landscaping.

c) That the secondary dwelling or granny flat does not increase the overall number of bedrooms on the site to greater than 5.

d)That the applicant has applied for a secondary dwelling or granny flat and specifically advised that the development is not to be used for tourism purposes and accepts a condition of consent to the same effect.

Section 94 Contributions have not been charged on this application based on the above criteria. Should any of the above conditions change your development may be referred to Council's Compliance Department for further action.

Reasons for Imposing Conditions

Conditions have been imposed for the following reasons:

· To comply with the provisions of Byron LEP 2014 and DCP 2014

· To ensure the development is completed in accordance with conditions of consent and approved plans.

· To preserve the environment and existing or likely future amenity of the neighbourhood.

· To ensure adequate access to and from the development.

· To ensure that the land or adjoining land is not damaged by the uncontrolled discharge of runoff from any buildings and paved areas that may be constructed on the land.

· To ensure compliance with engineering standards.

· To protect the environment.

· To preserve the amenity of the area.