13.10 - Attachment 1
AMENDED CONSENT 29 November 2012
BSC File No: 240572D x 10.2011.191.1 /#1204957
Contact: Paul Mills
NOTICE
OF DETERMINATION OF A DEVELOPMENT APPLICATION
issued
under the
Environmental Planning and Assessment Act, 1979 Section 81(1)(a)
Development
Application No. 10.2011.191.1
8
March, 2012
Mr T Freedman
CARE Balanced Systems
PO Box 36
BANGALOW NSW 2479
Land to
be developed: LOT: 6 SP: 81554
6/137 Beach
Road BROKEN HEAD
Proposed development: Use
of part of the tourist premises for up to 14 functions annually - Limited to a
maximum of 70 guests per function
Made on: 1 March 2012
Consent to operate from: 26
April 2012
Consent to lapse on: 7
March 2017
Determination: Approved
granted subject to conditions describdescribed
in this consent:
OTHER APPROVALS:
Not applicable 
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.
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Description
|
Prepared by
|
Dated:
|
|
BCA
|
Fire safety and other considerations report.
|
Mark Norris and Associates
|
9 May 2011
|
|
111093_Rep_Rev4
|
Noise Impact Assessment
|
Benbow
|
22 September 2011
|
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.
The
development is limited to the use of part of the tourist premises, being only
Lot 6 SP81554 only for up to 14 functions annually with a maximum of 70 guests
per function
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 116G 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 116G of the Act, to comply with the technical
provisions of the State’s building laws.
The following conditions
are to be complied with prior to issue of a Construction Certificate
5) 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.
6) Developer Contributions to be paid
Contributions
set out in the attached Schedule are to be paid to Council. Contributions are
levied in accordance with the Byron Shire Council Section 94 Development
Contribution Plan 2005 dated June 2005 and Byron Shire Council Section 94
Development Contribution Plan 2005 Amendment No. 1 dated 20 July 2005 for
Community Facilities, Open Space, Roads, Car Parking, Cycleways, Civic
& Urban Improvements, Shire Support Facilities and Administration. The Plan
my be viewed during office hours at the Council Offices located at Station Street, Mullumbimby
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.
7) Certificate of Compliance – Water
Management Act 2000
A
Certificate of Compliance under Section 307 of the Water Management Act 2000 is
to be obtained from Byron Shire Council prior to the issue of a Construction
Certificate and/or use of the development for payment of developer charges for
water supply and sewerage.
Application
forms to be submitted for a Certificate of Compliance are available from
Council’s administration building or online at http://www.byron.nsw.gov.au/publications/section-305-water-management-act-certificate-application.
8) 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:
Parking
bays and bus drop off zone – in
accordance with concept plan approved by deferred commencement conditions.
All
such works shall be completed at the applicant’s expense.
The following conditions
are to be complied with during construction
9) 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 . 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).
10) 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.
11) 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.
12) 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 prior to occupation of the building
13) Replacement of Brushwood Fencing
The
Brushwood Fencing within the development is to be replaced with bushfire
resistant materials in accordance with the Planning for Bushfire Protection
2006 guidelines and AS 3959 - 2009 “Construction of Buildings in Bushfire-prone
Areas”.
14) Bush Fire Protection requirements
a) Prior to the
occupation of the building and at all times car parking shall not restrict
access to fire trails.
b) Prior to the
occupation of the building an emergency and evacuation plan is to be prepared
for the facility that complies with Section 4.2.7 of ‘Planning for Bush Fire
Protection 2006’ and with the NSW Rural Fire Service’s “A Guide to Developing a
Bushfire Evacuation Plan” to the satisfaction of the consent authority.
c) A self
supporting colorbond fence be provided for a distance of approximately 2m or to
the property boundary, whichever is the lesser inside the existing brushwood
fence to the east of the existing masonry external walls located on the site
boundary of Pavilion C and D and be installed at least the height of the
existing bushfire wood fence
15) 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. This includes completion of works
within the Road Reserve approved under Section 138 of the Roads Act.
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.
16) Access and facilities for persons with
disabilities are to be provided
Access
and facilities for persons with disabilities are to be provided in accordance
with Part D3 of Building Code of Australia and AS 1428 - Design for Access and
Mobility.
The following conditions
are to be complied with at all times
17) Bus Service
The
applicant shall ensure that a bus service is provided for each function of
capacity and/or frequency to ensure patrons are transported from outside
accommodation to this function centre.
18) No interference with amenity of
neighbourhood, as follows
The
proposed use must not be conducted in such a manner as would interfere with the
amenity of the neighbourhood.
The
applicant shall ensure that no "offensive noise" as defined under the
Protection of the Environment Operations Act 1997 is permitted or caused which
is likely to harm the peace and quiet of residents on neighbouring properties.
19) Maximum number of events per year
Use
of the subject allotment is limited to 14 functions per year.
20) Maximum number of guest per function
There
is to be a maximum of 70 guests per function.
21) No live amplified music
No
live amplified music, no third party-provided speakers, DJs, are permitted at
any time during any function.
22) Care required leaving premises
All
guests are to be advised to take care when leaving the premises and to be
mindful of surrounding residential uses. Signs in prominent positions
throughout the premises are to be provided advising guests to leave the
premises in an orderly manner, taking care not to disturb surrounding
residential uses.
23) Loading within the premises
All
loading and unloading is to take place within the curtilage of the premises,
that being within Lot 6 SP81554. All driveways and turning areas must be kept
clear of obstructions at all times.
24) Loading - hours of operation
Loading
and unloading at the premises is not to occur between the hours of 10pm and 8am
on any day.
25) Loading noise
Noise
generated from loading and unloading must not exceed background noise levels by
more than 5 d(B)A when measured at the boundary of the allotment.
26) Food safety
The
applicant shall ensure that food services comply with the NSW Food Act 2003,
and only operate in conditions which satisfy the Food Regulation 2010
(incorporating Food Standards Codes).
27) Restricted hours of operation
The
hours of operation are to be limited to between 8am to 9pm for the 14 functions
per year.
All
functions must cease at 9.00pm.
28) Temporary Structures
Any
temporary structures proposed to be installed as part of any function are
subject to separate approval under State Environmental Planning Policy
(Temporary Structures) 2007
Construction Certificate required:
This development consent is issued under the Environmental
Planning and Assessment Act 1979 and does not relate to structural aspects or
specifications of the building under the Building Code of Australia. All
buildings and alterations require the issue of a Construction Certificate prior
to works commencing. Application forms are available from the customer services
counter or Council’s website
Occupation Certificate required:
The building must not be occupied until the Principal
Certifying Authority has issued an Occupation Certificate.
Signs require consent:
Council’s Byron Local Environmental Plan (LEP) requires
development consent form 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.
Disability Discrimination Act:
All development other than domestic construction must meet
the provisions of the Disability Discrimination Act 1992 under which civil
action may be taken if access for people with disabilities is denied or provide
in a discriminatory way.
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 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.
Protection of the Environment Operations Act 1997:
It is an offence under the provisions of the Protection of
the Environment Operations Act 1997 to act in a manner causing, or likely to
cause, harm to the environment. Anyone allowing material to enter a waterway or
leaving material where it can be washed off-site may be subject to a penalty
infringement notice (“on-the-spot fine”) or prosecution.
Penalties apply for failure to comply with development
consents
Failure to comply with conditions of development consent
may lead to an on the spot fine (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.
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.
Note:
Copies of the application forms for Certificates of Compliance are available on
Council’s website or from Council’s Administration Office. Copies of Byron
Shire Council’s Development Servicing Plans are available at Council’s
Administration Office.
The following charges are indicative only.
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.
|
INDICATIVE CHARGES PURSUANT TO THE WATER
MANAGEMENT ACT, 2000
|
|
|
|
|
|
(Office Use Only)
|
|
|
|
|
|
Water
|
|
(S64W Other)
|
1.50
|
ET @
|
$1,283.78
|
=
|
$1,925.68
|
|
Bulk Water
|
|
(BW-SP)
|
|
1.50
|
ET @
|
$8,377.00
|
=
|
$12,565.50
|
|
Sewer
|
|
(S64S Other)
|
1.50
|
ET @
|
$9,732.66
|
=
|
$14,598.98
|
|
|
|
|
|
|
|
Total
|
=
|
$29,090.16
|
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.
|
TOURIST, RETAIL, COMMERCIAL & INDUSTRIAL
DEVELOPMENT
|
|
SCHEDULE OF CONTRIBUTIONS PURSUANT TO SECTION
94 OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979
|
|
|
|
|
(Office Use Only)
|
|
|
|
|
|
|
Community and Cultural Facilities
|
|
|
|
|
=
|
|
|
" - Shire Wide
|
|
|
|
|
=
|
|
|
Open Space
|
|
|
|
|
=
|
|
|
" - Shire Wide
|
|
|
|
|
=
|
|
|
Roads
|
(R-SP)
|
6.00
|
trips @
|
$823.89
|
=
|
$4,943.33
|
|
Car Parking
|
|
|
|
|
=
|
|
|
Cycleways
|
|
|
|
|
=
|
|
|
Civic & Urban Improvements
|
(IM-SP)
|
2.82
|
SDU @
|
$1,819.62
|
=
|
$5,131.34
|
|
Rural Fire Service
|
|
|
|
|
=
|
|
|
Surf Lifesaving
|
|
|
|
|
=
|
|
|
Administration
|
(OF-SW)
|
2.82
|
SDU @
|
$820.23
|
=
|
$2,313.05
|
|
|
|
|
|
Total
|
=
|
$12,387.71
|
REASONS for imposition of conditions
· To comply with the provisions of Byron Local
Environmental Plan 1988.
· To ensure the development is completed in
accordance with conditions of consent and approved plans.
· To ensure adequate access to and from the
development.
· To ensure compliance with Section 68 of the
Local Government Act 1993.
Are you dissatisfied with conditions
of consent
If you are unhappy with conditions of
consent discuss your concerns with the officer who dealt with your application.
You may submit an application to Council to modify the consent under Section 96
of the Environmental Planning & Assessment Act, 1979.
You will need to provide reasons why the
conditions should be changed or deleted. You may lodge a Section 96 application
at any time after the notice of determination. If you are not happy with
Council’s decision on your request for modification, then you may appeal to the
Land & Environment Council within six (6) months of the notification by
Council.
Right of Review
You may request Council to review its
decision under Section 82A of the Environmental Planning and Assessment Act,
1979. Such a request must be made within six (6) months of the date of the
determination, or if there is an appeal to the Land and Environment Court, up to
the time when the court hands down its decision. In reviewing its decision
Council is able to consider alterations to the above plans, provided that the
Development Application remains substantially the same as the one for which the
consent was originally sought, and the changes are publicly notified.
NOTE: This
clause does not relate to Integrated Development Applications, applications
determined by the Joint Regional Planning Panel or applications previously
considered under Section 82A of the Environmental Planning and Assessment Act
1979.
Right of Appeal
If you are dissatisfied with this decision,
Section 97 of the Environmental Planning and Assessment Act 1979 gives
you the right to appeal to the Land and Environment Court within six (6) months
after the date on which you receive this notice.
Signed on behalf of the Consent
Authority
Yours faithfully
Joe Davidson
Team Leader -
Planning
BSC File No: 240572D x 10.2011.191.2/#A2012/10518