1) BYRON SHIRE COUNCIL
13.9 - Attachment 2
10.2016.347.1
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: |
|
DWG no. 768/1 Sheet 1 of 3 |
Locality Plan, Floor Plan, Elevations, Section |
RLA building Design |
November 2015 |
|
DWG no. 768/1 Sheet 2 of 3 |
Male Toilet Floor Plan, Male Toilet Elevations, Female Toilet Floor Plan, Female Toilet Elevations, Disabled toilet details. |
RLA Building Design |
November 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
(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.
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
B1 Carrying out water supply work
B2 Drawing water from a council water supply or a standpipe or selling water so drawn
B4 Carrying out sewerage work
B6 Connecting a private drain or sewer with a public drain or sewer under the control of a council or with a drain or sewer which connects with such a public drain or sewer
These works must be carried out to the satisfaction of Byron Shire Council and can not be assessed for the purpose of compliance, or otherwise deemed acceptable by a private certifier.
6) Coastal Erosion
The development must cease if at any time the coastal erosion escarpment comes within 50 metres of any building associated with this development. The buildings and works used in connection with the development must be removed immediately to an approved location by the owner of the land. The owner must return the landform of the subject land to the predevelopment state and suitably revegetate the land.
In this condition coastal erosion escarpment means the landward limit of erosion in the dune system caused by storm waves.
Note: at the end of a storm the escarpment may be nearly vertical; as it dries out, the escarpment slumps to a typical slope of 1 vertical to 1.5 horizontal.
The following conditions are to be complied with prior to issue of a Construction Certificate
7) 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.
Attention should must be given to the appropriate disposal of any excavated materials.
A template is provided on Council’s website to assist in providing this information www.byron.nsw.gov.au/files/publications/swmmp_-_pro-forma-.doc)
8) Evacuation and Emergency Management
The intent of measures is to ensure that suitable emergency evacuation (and relocation) arrangements for occupants of the caravan park have been undertaken and are suitably updated to reflect any new works or structures on the site.
To achieve this, the application for a Construction Certificate is to include an appropriate emergency and evacuation plan for the proposed development. The plan should be prepared with regard to all potential hazards affecting the site and, in particular, the potential impact of bushfire. A copy of the plan shall be provided to the consent authority prior to the issuing of a Construction Certificate.
Section 4.2.7 of ‘Planning for Bush Fire Protection 2006’ and ‘AS 3745—2002 Emergency control organization and procedures for buildings, structures and workplaces’ provide useful guidance for the preparation of suitable emergency evacuation plans and procedures.
Note: All persons entering the site should be made aware of the content of the plan and, where relevant, their responsibilities in the event of an emergency.
The following conditions are to be complied with prior to commencement of building works
9) Plumbing Standards and requirements.
All Plumbing, Water Supply, Sewerage and Stormwater Works shall be installed in accordance with the Local Government Act 1993, Plumbers Code of Australia 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) Internal Drainage;
ii) External Drainage;
iii) Water Rough In;
iv) Stackwork;
v) 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.
10) Erosion and sediment measures
Where erosion of soils or runoff of any substance is likely to occur, erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. This may include stockpiled materials such as sand, etc.
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).
The following conditions are to be complied with during construction
11) 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.
12) 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.
13) Signs to be erected on building and demolition sites
A sign must be erected in a prominent position on the work site:
a) stating that unauthorised entry to the work site is prohibited, and
b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.
Any such sign is to be removed when the work has been completed.
14) 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.
15) 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.
16) 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.
The following conditions are to be complied with prior to issue of a Final Occupation Certificate
17) Works to be completed prior to issue of a Final Occupation Certificate
All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.
Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.
18) Stormwater disposal
Stormwater must be collected and disposed of in a controlled manner such that stormwater flows are:
a) Clear of buildings and infrastructure,
b) Not concentrated so as to cause soil erosion,
c) Not directly to a watercourse, and
d) Not onto adjoining land,
e) Generally directed to the existing stormwater ponds on the site.
Reasons:
· To comply with the provisions of Byron L.E.P. 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 access for people with access disabilities.
· To provide adequate off street parking space for the anticipated traffic that will be generated by the development.
· To provide funds for the provision of services and facilities as required by the increased population or activity.
· 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 Section 68 of the Local Government Act 1993.
Notes
Principal Certifying Authority:
Work must not commence until the applicant has:-
appointed a Principal Certifying Authority (if the Council is not the PCA); and
given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.
notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.
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 www.byron.nsw.gov.au
Occupation Certificate required:
The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.
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.
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.
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.