7) BYRON SHIRE COUNCIL
13.10 - Attachment 1
10.2015.412.3
MODIFIED CONDITIONS OF CONSENT:
A. Where S96 application 10.2015.214.3 is approved (i.e. Condition 15 deleted); modify the Consent in the following manner:
· Insert immediately following Condition 6:
7) Staging of the Development
The development is to be carried out in two stages, as described below:
Stage 1 – The construction of the proposed Bayshore Drive platform, including new train shed, new platform, toilet facilities, tree clearing and associated access.
Stage 2 – Byron Town Centre platform comprising train platform and associated access.
8) Section 94A levy to be paid
Prior to the issue of a construction certificate for either stage, the section 94A levy required by the Byron Developer Contributions Plan 2012 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 and shall be set out in schedule 1. A copy of Schedule 1 shall be submitted with the payment to Council.
· Delete the heading:
The following conditions are to be complied with prior to issue of a Construction Certificate for building works
· Insert the heading:
The following conditions are to be complied with prior to issue of a Construction Certificate for Stage 1 building works
· Delete conditions 7 to 16a (inclusive) and replace with the following:
9) 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.
10) 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.
11) 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.
12) 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 of the development. The SWMMP must specify the proposed method of recycling/disposal and provide details of the waste management service provider.
Plans and specifications must be provided as part of the Construction Certificate showing details of both waste and recycling bin storage facilities at each platform, consistent with the design of existing facilities within the Byron Bay town centre. Such must be installed and serviced as part of the development.
13) Access and facilities for disabled
Such plans and specifications must be approved as part of the Construction Certificate.
14) Stormwater drainage – Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to carry out stormwater drainage works must be obtained.
15) Bond required to guarantee against damage to public land
16) Provision of bicycle parking spaces
The application for a Construction Certificate is to include plans and specifications for the provision of five (20) x Class 3 bicycle parking spaces (bicycle rails) at each train platform. The layout, design and security of the bicycle parking facilities must comply with Australian Standard AS 2890.3-1993, Parking facilities - Bicycle parking facilities. The facilities must be provided at ground level within the railway corridor adjacent to the proposed platforms and must be accessible from the paths leading to the platforms from the road reserve.
17) Landscaping plan required
The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Part H of Development Control Plan 2010.
Species identified in Part B9 of Development Control Plan 2014 are to be planted wherever possible. The landscaping plan must provide for screen plantings within the railway corridor on the eastern side of Bayshore Drive to screen the platform and shed from the residential area to the south of the railway corridor, and 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) location of trees identified for retention in the development application plans.
e) 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. Note: Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bushfire Protection 2006.
The following conditions are to be complied with prior to issue of a Construction Certificate for Stage 2 building works
18) 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 of the development. The SWMMP must specify the proposed method of recycling/disposal and provide details of the waste management service provider.
Plans and specifications must be provided as part of the Construction Certificate showing details of both waste and recycling bin storage facilities at each platform, consistent with the design of existing facilities within the Byron Bay town centre. Such must be installed and serviced as part of the development.
19) 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.
20) Stormwater drainage – Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to carry out stormwater drainage works must be obtained.
21) Bond required to guarantee against damage to public land
A bond of $4000 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.
22) Provision of bicycle parking spaces
The application for a Construction Certificate is to include plans and specifications for the provision of five (20) x Class 3 bicycle parking spaces (bicycle rails) at each train platform. The layout, design and security of the bicycle parking facilities must comply with Australian Standard AS 2890.3-1993, Parking facilities - Bicycle parking facilities. The facilities must be provided at ground level within the railway corridor adjacent to the proposed platforms and must be accessible from the paths leading to the platforms from the road reserve.
23) Landscaping plan required
The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Part H of Development Control Plan 2010.
Species identified in Part B9 of Development Control Plan 2014 are to be planted wherever possible. The landscaping plan must provide for screen plantings within the railway corridor on the eastern side of Bayshore Drive to screen the platform and shed from the residential area to the south of the railway corridor, and 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) location of trees identified for retention in the development application plans.
e) 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. Note: Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bushfire Protection 2006.
· Renumber all remaining conditions, beginning immediately following the heading “The following conditions are to be complied with prior to any building or construction works commencing”, starting from 24.
B. Where S96 application 10.2015.214.3 is refused (i.e. Condition 15 not deleted); modify the Consent in the following manner:
· Insert immediately following Condition 6:
7) Staging of the Development
The development is to be carried out in two stages, as described below:
Stage 1 – The construction of the proposed Bayshore Drive platform, including new train shed, new platform, toilet facilities, tree clearing and associated access.
Stage 2 – Byron Town Centre platform comprising train platform and associated access.
8) Section 94A levy to be paid
Prior to the issue of a construction certificate for either stage, the section 94A levy required by the Byron Developer Contributions Plan 2012 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 |
2.0 percent |
The cost of development shall be shall be calculated in accordance with clause 25J of the regulation and shall be set out in schedule 1. A copy of Schedule 1 shall be submitted with the payment to Council.
· Delete the heading:
The following conditions are to be complied with prior to issue of a Construction Certificate for building works
· Insert the heading:
The following conditions are to be complied with prior to issue of a Construction Certificate for Stage 1 building works
· Delete conditions 7 to 16a (inclusive) and replace with the following:
9) 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.
10) 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.
11) 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.
12) 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 of the development. The SWMMP must specify the proposed method of recycling/disposal and provide details of the waste management service provider.
Plans and specifications must be provided as part of the Construction Certificate showing details of both waste and recycling bin storage facilities at each platform, consistent with the design of existing facilities within the Byron Bay town centre. Such must be installed and serviced as part of the development.
13) 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.
14) Stormwater drainage – Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to carry out stormwater drainage works must be obtained.
15) Bond required to guarantee against damage to public land
A bond of $4000 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.
16) Provision of bicycle parking spaces
The application for a Construction Certificate is to include plans and specifications for the provision of five (20) x Class 3 bicycle parking spaces (bicycle rails) at each train platform. The layout, design and security of the bicycle parking facilities must comply with Australian Standard AS 2890.3-1993, Parking facilities - Bicycle parking facilities. The facilities must be provided at ground level within the railway corridor adjacent to the proposed platforms and must be accessible from the paths leading to the platforms from the road reserve.
17) Landscaping plan required
The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Part H of Development Control Plan 2010.
Species identified in Part B9 of Development Control Plan 2014 are to be planted wherever possible. The landscaping plan must provide for screen plantings within the railway corridor on the eastern side of Bayshore Drive to screen the platform and shed from the residential area to the south of the railway corridor, and 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) location of trees identified for retention in the development application plans.
e) 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. Note: Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bushfire Protection 2006.
The following conditions are to be complied with prior to issue of a Construction Certificate for Stage 2 building works
18) 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 of the development. The SWMMP must specify the proposed method of recycling/disposal and provide details of the waste management service provider.
Plans and specifications must be provided as part of the Construction Certificate showing details of both waste and recycling bin storage facilities at each platform, consistent with the design of existing facilities within the Byron Bay town centre. Such must be installed and serviced as part of the development.
19) 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.
20) Stormwater drainage – Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to carry out stormwater drainage works must be obtained.
21) Bond required to guarantee against damage to public land
A bond of $4000 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.
22) 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 10.2015.214 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.
23) Provision of bicycle parking spaces
The application for a Construction Certificate is to include plans and specifications for the provision of five (20) x Class 3 bicycle parking spaces (bicycle rails) at each train platform. The layout, design and security of the bicycle parking facilities must comply with Australian Standard AS 2890.3-1993, Parking facilities - Bicycle parking facilities. The facilities must be provided at ground level within the railway corridor adjacent to the proposed platforms and must be accessible from the paths leading to the platforms from the road reserve.
24) Landscaping plan required
The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Part H of Development Control Plan 2010.
Species identified in Part B9 of Development Control Plan 2014 are to be planted wherever possible. The landscaping plan must provide for screen plantings within the railway corridor on the eastern side of Bayshore Drive to screen the platform and shed from the residential area to the south of the railway corridor, and 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) location of trees identified for retention in the development application plans.
e) 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. Note: Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bushfire Protection 2006.
· Renumber all remaining conditions, beginning immediately following the heading “The following conditions are to be complied with prior to any building or construction works commencing”, starting from 25.