Attachments of Ordinary Meeting

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.6 - Attachment 3

Attachment 3 Submissions Report

Ref No	Issues	Staff Comment
	West Byron DCP
1.	When the West Byron DCP was returned to Council that Council would draft a new one that took into consideration the site’s constraints and would be based on Council’s understanding of these. The rezoning by the NSW government showed a spectacular and wilful ignorance of the local area and treated it as if they were just rezoning any greenfield area on the outskirts of a major city. Appalled that the Department of Planning and Kristina Kinneally approved West Byron without knowledge or interest in issues affecting the site or community concerns	The DCP is being prepared in accordance with the EPA Act 1979 and associated Regulations. The DCP is a guide to development as per Section 74BA - Purpose and Status of Development Control Plans of the EPA Act 1988. The provisions state: 1. The principal purpose of a development control plan is to provide guidance on the following matters to the persons proposing to carry out development to which this Part applies and to the consent authority for any such development: (a) giving effect to the aims of any environmental planning instrument that applies to the development, (b) facilitating development that is permissible under any such instrument, (c) achieving the objectives of land zones under any such instrument. Should Council wish to amend zone boundaries, density provisions, heights and lot sizes, then these changes need to be introduced through an LEP amendment not via a DCP as such changes would be contrary to the adopted LEP controls for West Byron, and to have legal effect.
2.	A Whole of Site Approach - Required for Biodiversity Conservation Plan, Koala Plan of Management, Water Management Plan, Acid Sulfate Soils Management plan before the DCP is adopted.	These issues to be addressed with the Stage 1 DA for the site (or sites) to ensure the site in it’s totality is appropriately planned for. There is no pre approval mechanism for such plans other than via a development application.
3.	Flawed Studies – DCP relies upon old out of date studies Any studies used to make a decision should be less than 5 years old	The draft DCP references previous studies in section E8.6 as background information only. It is recommended that this section be amended though to fully reflect that these studies are background information only. If and when a development application is lodged for the site numerous additional studies and plans will need to be submitted with that application for consideration and assessment. The DCP requires such studies and plans to be submitted.
	Traffic and Infrastructure
4.	There is no meaningful plan for staging the development relative to impacts on infrastructure and traffic increases. The developers’ traffic plan only dealt with about half a many houses as are now allowed on the site. Traffic study/ comprehensive plan required to address: - maximum development potential for the site - capacity of roads to accommodate development - road upgrades required for development stages - No loss of service on roads into town rom congestion - consider external vehicle movements/ day, peak season and peak hour etc Traffic impacts – town already gridlocked with one arterial road and hwy upgrades have made it easier to access Byron bay Traffic problems in Byron Bay and Ewingsdale Rd need to be addressed first. Impact of construction vehicles on traffic entering the site from Ewingsdale Road	The Traffic Study considered at the rezoning stage by the Department of Planning and Environment assumed a residential yield of 856 dwellings. This estimate is considered reasonable. It is highly unlikely these lots will be released simultaneously on the residential market. The DA for the site will need to include further traffic studies in accordance with Chapter B4 of DCP 2014 and to address the traffic generating provisions contained within SEPP (Infrastructure) 2007. A study will need to be prepared in accordance with RMS Guide to Traffic Generating Development to address access onto Ewingsdale Road. The development will need to demonstrate how traffic will be able to enter and leave the site having regards to the above. It is standard for Council to require a management plan for construction vehicles entering and leaving a site.
5.	An updated traffic study would provide greater clarity on route for the Byron Bay Bypass ie Grab the rail corridor route or the Butler Street Route. The grab the rail route provides for a public transport interchange which will be integral public transport	A DA has been submitted and determined for the Byron Bay Bypass to ease traffic congestion in the Byron Bay town centre. A public transport interchange is being considered by Council separate to West Byron
6.	Proposal reliant on car transport is inconsistent with zero carbon emissions Cycling and pedestrian networks will play an important role for connectivity but also supporting a healthy lifestyle. Pedestrian bridge across Ewingsdale Road to the Arts and Industrial Estate is required Planning for Bus stops, local bus runs into town and car parking areas. Existing bus services are too infrequent, train service from elements to far to walk to.	The DCP includes provisions for cycleway/ pedestrian network to link with existing networks. Bus stops are also required along the main spine road running through the site, plus provisions for car parking throughout the development site.
7.	Emergency Services can’t access the site from town	The regional hospital and ambulance station is now open at Ewingsdale to the west of the site. Police and Fire Brigade can access the site from Ewingsdale Road
8.	Elements train has not been approved and should not be considered and has insufficient parking Cost of using the Elements train is not financially viable for residents on a daily weekly basis	The Elements train is not proposed as part of this development and is not located at West Byron.
9.	Development of West Byron will limit the potential to create a second bypass option into Byron Bay (eg to the south of Ewingsdale Road)	This is not a consideration relevant to the DCP.
10.	Ozigo Intersection needs upgrading with a roundabout.	The DCP requires this to occur
11.	Existing Infrastructure is inadequate to cater for the future residents of West Byron	It is considered existing infrastructure can cater for West Byron
	Developer Contributions and rates
12.	I hope that council is not paying for either of the roundabouts on Ewingsdale Road and that the developers are paying high contributions to council for each lot.	The roundabout at SAE will be the applicants responsibility, whilst Council is planning to construct a roundabout at Bayshore Drive. Should the development proceed prior to this roundabout being constructed, then the developer would be required construct this roundabout.
13.	The developers want to use our roads, our energy infrastructure, our water supply, our drainage, our sewerage treatment and discharge, give us their waste and use our food, shops, schools, community and sporting facility so as they can cram as many dwellings onto the site, to maximize their money take away from Byron. This is not ethical or beneficial to the local community and would only destroy the reason people come here.	Developer Contributions are levied to compensate for impacts on services and infrastructure and to enable Council to upgrade and replace existing infrastructure.
14.	Section 94 Contributions will go to community facilities plus an additional $7000 per lot for road upgrading in Byron Bay. Road contributions should be spent on Ewingsdale road and upgrading it to two lanes no the Bypass Contributions should be used for Bypass/ Ewingsdale road upgrade and cycleway link into Town	Noted
15.	Contributions should not be deferred until titles are transferred	It is standard Council policy and practice for S94 Contributions and S64 Headworks charges to be collected prior to the issue of the subdivision certificate for subdivision development, and prior to the issue of the construction certificate for dual occupancy and medium density housing development.
16.	Land to be dedicated to Council for community recreation, market area, children play area, community hall, womens refuge, corner shop	The DCP includes two area of parkland which will become public reserves for community recreational purposes.
17.	Proposal will increase Councils rates base and take pressure of the existing rate payers	Noted
	Flora and fauna
18.	Impacts on koalas Has there been an independent survey of the koala population of the area been conducted to determine both the resident and transient populations? Koala controls in a POM need to include traffic calming measures, fencing to Ewingsdale road to prevent road kill, banning cats and dogs The DCP does not include a Koala plan of management and in its proposed format does not allow for any management of the core Koala habitat, there is no proposal for adequate buffer zones or movement corridors to protect the creatures. There is no fencing proposals or control of pets. This DCP will isolate the Koala into small pockets where they will not be able to breed effectively and the isolated colonies will die out. Make West Byron a cat and dog free zone.	DCP indicates the need for a POM to address range of design solutions to protect koalas including fencing, reduced vehicle speeds, traffic calming measure, pool safety measures and a koala friendly crossing for Ewingsdale Rd. The provisions also require core koala habit area to be linked together and such links be embellished. Should council adopt the Byron Coast Koala Plan of Management the developers can utilise that KPOM instead of preparing a site specific KPOM . Amended provisions are recommended to ban cats and dogs other than guide dogs by adding the following prescriptive measure to E8.10.5.1 9. The keeping of cats and dogs other than guide dogs is to be prohibited. Any plan of subdivision to include an appropriately worded S.88B instrument in relation to keeping such pets. The prohibition to also apply to community title and strata tittle subdivisions and to be incorporated into Strata Plans of Management and or Neighbourhood Management plans and the like. Appropriate conditions to apply for applications to residential development including multi dwelling housing, integrated housing, dwelling houses, dual occupancy and secondary dwellings.
19.	General habitat corridors fail to recognise koala habitat in Belongil Fields	Provisions under E8.10.5.1 include detailed provisions in terms of addressing Koala as per SEPP 44 including “rehabilitation of habitat in the E Zones to focus on koala habitat restoration and …. to provide or embellish linkages between core koala habitat areas, and a crossing over or under Ewingsdale Road”.
20.	Swimming pools should have measures to enable Koalas to climb out	The draft provisions also require this to occur, including the design of pools with beaches or ramps to enable Koalas to climb out.
21.	The site and surrounding properties to the south provide habitat linkages through to Hayters Hill	Provisions under E8.10.5.1 aim to strengthen and embellish habitat corridors
22.	Threatened species not considered eg tusked frogs, swamp orchid, koalas, masked owls etc	The DCP and the EPA Act requires threatened species to be considered at the DA stage.
23.	Roosting and nesting areas for shorebirds at the mouth of Belongil Creek will be impacted upon Impacts of residents dogs on bird nesting sites in Belongil Creek Eastern curlew uses the site Recommend provisions under objectives, performance criteria and prescriptive measures to protect.	The development will have no direct impact on the mouth of the Belongil Creek. Impacts are likely to occur from coastal erosion, and beach goers/tourists and recreational use of the creek from kayaking/ board paddling, disturbing these roosting and nesting areas, and dog and cat ownership. Additional provisions recommended to make West Byron a cat and dog free estate, and to remove the Belongil Creek Access point for recreational purposes.
24.	Main road through the site will split the E2 Zone and make it difficult for endangered wildlife to maintain normal feeding and breeding patterns Roads and drains in the DCP are approved that go through koala and frog habitat without appropriate studies and without DCP clauses to minimise impacts.	The DCP provides guidelines for development of the site. Under Clause E8.10.5.1 the developer will need to address a range of issues including protecting, maintaining and enhancing key habitat corridors for koalas and other species at the development application stage and site roads and infrastructure accordingly. No roads or drains are approved by the DCP. Final road layout will be subject to detailed design and assessment at the DA Stage It is recommended though that the provisions for roads and stormwater infrastructure be strengthened to provide the link to flora and fauna studies under E8.10.5.1, and that the final road layout and siting of installation is subject to detailed design and assessment at the DA Stage. Changes made to measures under E8.10.3 Transport Movement and Street Hierarchy and E8.10.4 Stormwater Management.
25.	Impacts on Wallum Sedge frogs and Wallabies Road from the Bayshore Drive roundabout goes through Wallum Sedge habitat Provisions for Wallum Frogs need to be strengthened in E8.10.5.1	Applicants will need to address this matter in the DA and design the road around the habitat if it needs to be retained. Wallum Sedge Frog Issue identified under E8.10.5.1. as a matter to be addressed. It is recommended though that these provisions be strengthened by adding in the following performance criteria: 7. To identify, protect and maintain Wallum Frog habitat areas where appropriate and to provide additional wallum frog habitat areas within the West Byron Site, so that there is no net loss in habitat.
26.	All Native vegetation on the site shall be retained and protected. (reason - to comply with the Native Vegetation Act and the Environment Protection and Biodiversity Conservation Act.	Any proposed vegetation removal will need to address the relevant provisions of the EPA Act, Threatened Species Conservation Act and other legislation with the development application.
27.	Residents are provided with education programs to comply with the visions and plans for environmental protection	Opportunities exist on the site to create lifestyle residential development with residual environmental zoned land. This could be in the form of a community title or strata title arrangement. The owners of such land would be responsible for the long term management on these residual parcels.
28.	The DCP has a strong focus on vegetation but there is a lack of focus on connectivity between the development site and the Estuary and potential impacts from water management and increased human impacts	The zoning of the land provided a significant buffer to the Belongil Creek with such areas to be rehabilitated. Appropriate provisions are proposed for water management, enhancing habitat corridors and for the recreational access point to the creek is removed.
29.	Plantings need to be local endemic species wherever possible	Provisions under E8.10.5.2 require locally indigenous species to be predominantly used in landscaping.
30.	West Byron is a lowlying ecologically sensitive swamp/ wetland and should not be developed Wetlands need to be protected Proposal will destroy wetlands	Wetland Areas at West Byron are predominantly included in the E2 Zones on the land or are located outside of the site in the 7(a) wetland Zone or the 7(b) Coastal Habitat Zone. The wetlands are also protected by SEPP 14 Wetlands. Dwellings are not permitted in the E2 Zone.
	LEP and Zoning Issues
31.	E3 Zone should remain undeveloped	Permissible Uses in the E3 zone are nominated within Byron LEP 1988.
32.	R2 Zone should not extend into the South East corner of the site	The Zoning lines are established by Byron LEP 1988 and not the DCP.
33.	Densities inappropriate 1500 Dwellings too many 1100 dwellings too many Lot sizes should be in line with Sunrise Estate – 600 m² 150m² is too small for medium density	Lot sizes are established under Byron LEP 1988 and not the DCP chapter. Final yield for the site is unknown, however current estimates are around 850 dwellings. Amendments to Byron LEP 1988 are proposed to reduce residential development lot yield within West Byron. Draft LEP is currently on exhibition
34.	The R3 Zoning to dense Not in keeping with the Shire	The R3 Zone has been established under Byron LEP 1988 and not the DCP Chapter. The DCP controls though are aimed at providing for housing with adequate private open space and landscape area and to limit the building footprint vertically and horizontally.
35.	Heights - 9 m height limit too high for residential areas	Heights are established by Byron LEP 1988 and not the DCP. Nine metres is consistent with the height limits applying to the majority of Byron Shire.
36.	Holiday Letting should be prohibited No decisions should be made until Parliamentary Inquiry into Holiday Letting is completed and Policy handed down	Short term rental accommodation (Holiday Letting) is not a permitted use in West Byron under Part 4 of Byron LEP 1988. Current Planning Proposal to permit holiday letting only applies to land under Byron LEP 2014.
37.	Drainage works in E2 Zone prohibited E2 Zoned Drain should not be used for stormwater drainage Drainage works should clear koala habit	A separate LEP amendment has been exhibited to permit limited works in the E2 Zone. The main drain running through the site takes urban stormwater from Ewingsdale Road and the Arts and Industrial Estate. The Drain is zoned E2, E3, R2 and RE1. Any works in the drain would need to be consistent with what is permitted under Byron LEP 1988.
38.	There needs to be land zoned for parks and foliaged grass areas for stormwater absorption, reduced densities and have an aesthetic design and healthy environment. More public areas be made (such as parks with adequate car parking, bicycle paths and amenities)	The zoning of West Byron includes two designated park areas zoned RE1 Recreation which will cater for residents needs. Both of these parkland areas are to be linked by bike paths and utilise the drainage reserve running generally between them Further stormwater to be managed by Water sensitive urban design measures such as swales as indicated in the DCP. The swales will increase the width of the road reserves by some 4 metres and therefoer also reduce densities and provide opportunities for a greener streetscape with street trees and sedge and grass species in the swales (See E8.10.3 and E8.10.4)
39.	The land was zoned for "investigation for future residential" in the 1988 LEP - after decades of high rents and housing shortage since then, it is time to finally get on with the provision of housing at West Byron.	Noted – the development of the site will provide additional housing for the Shire
	Coastal Works
40.	Against Protective beach rock walls	The DCP for West Byron has no requirements for protective beach works as the site is landward of the erosion zones
41.	Creek Access should be carefully managed. Impacts on Shorebirds in Belongil Creek and nesting sites	The draft DCP prepared by the Department of Planning clearly showed an access point to Belongil Creek for the Public. The current draft retains provisions under E8.10.6 if this was to occur, details to be provided with the development application. Providing such access however is problematic as the land is within the E2 Zone, is private property and is not identified under the LEP provisions as being dedicated to Council as a public reserve. Further as indicated in a number of submissions the creek provides an important habitat and roosting site for a variety of birdlife. It is recommended that the prescriptive measure 6 Public Access to Belongil Creek under E8.10.6 be deleted and replaced with following provisions: 6. No Public Access to be provided to Belongil Creek.
42.	CZMP should be completed before West Byron DCP is adopted	There is no nexus to link West Byron to the CZMP.
	Flooding
43.	Proposal will exacerbate flooding in town and disperse flood waters as far as the CBD and increase runoff into Belongil Creek.	The filling of the site will need to demonstrate negligible impacts on surrounding properties. Stormwater to be treated by way of water sensitive urban design measures as indicated in the DCP.
44.	Climate change and sea level rise not addressed and has not considered rising sea levels and lacks any science based modelling and does not adequately addresses the risks to life and property from flood.	Any development on the land will need to comply with the adopted flood mapping for the Belongil Creek Catchment which includes Byron Bay. The mapping includes modelling for climate change.
45.	Dwelling should be built on piers not slab on ground 42 ha of land will need to be filled 2 metres – where is the fill to come from?	Fill for the development will need to be sourced form local quarries in the region. Filing of 2 metres across the site will not be required as part of the land is already elevated at or above the flood heights. Dwellings can be either elevated on piers or on slabs.
46.	There appears to be no detailing of the quantities of fill involved, where the material will be sourced from and the number of truck movements and associated traffic planning and impacts on local and tourist traffic during construction.	This will be a matter for consideration at the development application stage.
47.	Flood controls are based on modelling up to the year 2100. Housing however will need to be protected beyond this. The DCP should highlight that properties will be flood prone after that period to reduce Council/ public liability, and to enable land owners to invest with full knowledge of potential risks. Consent conditions could be drafted to time limit consents when flood immunity is no longer provided (eg after 2100 or if sea levels rise etc) Dwellings should be designed to be adaptable, on piers and not slab on ground Provisions of Chapter C2 Areas Affected by Flooding should apply to all land below RL 5 m AHD not just areas identified up to the 2100 flood height.	Flooding Provisions are aimed at bringing West Byron into conformity with the rest of the Shire and to enable any future changes to catchment flood studies to be replicated through Chapter C2 of DCP 2014. That is the flood controls for West Byron apply equally elsewhere in the Belongil Catchment. Should Council take a view for West Byron than equally it should apply to other flood prone areas of Byron Bay and the Shire in terms of time limited consents, limited immunity up to year 2100 and adaptable housing below 5m AHD. A separate amendment to Chapter C2 would be the appropriate planning controls to be amended.
	Acid Sulfate Soils
48.	Amend the DCP controls to ensure changes in groundwater levels don’t impact on ASS Acid Sulfate Soils will have an adverse impact on Belongil creek and cause fish kills, and release heavy metals into the creek. For a sensitive environments like West Byron the most appropriate action is generally to leave potentially acid sulphate soils in situ.	It is recommended that the following points 2 and 3 be added to the Performance Criteria under E8.10.8.2 Acid Sulfate Soils (ASS) to limit the potential of ASS being exposed from construction and stormwater works and to strengthen the DCP provisions 2. Where the watertable in the vicinity of Acid Sulphate Soils maybe affected by hydrological changes associated with drainage works or alteration in rainfall infiltration and runoff, an assessment must be undertaken to assess the likely consequences on groundwater and surface water quality.. 3. Effective mitigation measures are identified to ensure there is no deterioration in water quality in drains or the Belongil Estuary.
49.	Main drain shouldn’t be excavated due to ASS, and a separate drain should be provided in a different less sensitive location that doesn’t require koala habitat removal	A second drain would potentially result in a larger area of ASS being excavated that will then need to be treated then utilising the existing drainage reserve.
50.	What commitment has been made to the management of ASS	ASS will need to be managed in accordance with the ASSMAC guidelines as per Clause E8.10.8.2
	Groundwater
51.	Controls for Groundwater need to be strengthened in terms of objectives and performance criteria	Agree – the following additional objectives and performance criteria provisions are recommended. Objectives 2. To maintain existing groundwater level in the vicinity of Wallum frog habitats and wetlands Performance Criteria 2. Groundwater quality is maintained and levels are not lowered in the vicinity of wallum frog habitats or wetlands Prescriptive Measures 3. The ph and water levels of groundwater near and or adjacent to wallum frog habitat and wetlands not to be altered such that it impacts on the health of that habitat for the frogs.
	Stormwater Management
52.	Stormwater Management Plan required before DCP adopted Who is to manage stormwater infrastructure including old drainage union drains Stormwater impacts on prime agricultural land to the south Union Drains servicing properties to the south are also tidal and king tides push water back onto properties Will Council be installing floodgates to protect aquatic fauna Stormwater should be treated and disposed by way of larger rainwater tanks, minimizing hard impervious surfaces, wetland filtration, stormwater retention	The DCP requires a Stormwater management plan to be submitted for the entire site with the Stage 1 DA in accordance with Councils requirements and the Northern Rivers Local Government Design and Construction Manual. The plan is to be based around the principals of water sensitive urban design as opposed to piping water directly into drains. The plan will need to identify legal points of discharge and infrastructure to be dedicated to Council. It is normal practice for Council to ensure stormwater from a development does not have a detrimental impact on surrounding properties.
53.	The prescriptive measure of limiting the number of stormwater treatment devices for ease of maintenance will compromise the quality of stormwater treatment. Stormwater is always best managed at source with devices distributed throughout the catchment.	The provisions for this measure relate to stormwater detention ponds and basins if used.
54.	The central stormwater drainage corridor should be 70 metres wide to provide for 20 metre buffer either side of 30 metre wide drainage reserve for vegetated buffer, plus 20 m buffers either side of waterways, drainage reserves, wetlands	Central drain is zoned R2 Low Density Residential, RE1 Public recreation, E2 Environmental Conservation and E3 Environmental Management. There is a requirement for 20 metre wide buffers to be provided to the E2 and E3 Zoned between urban zoned and environmental zoned land under E8.10.5.1, whilst there is already provision in the Stormwater measures for landscaping to be an integral part of the WSUD strategy for the site. This is considered suitable.
55.	Stormwater swales are considered inappropriate with driveways every 15 metres. The provisions need to have greater flexibility for alternative measures.	It is considered the stormwater controls under E8.10.4 include sufficient flexibility for applicants to propose alternate solutions based on the objectives and performance criteria. The overall aim is that stormwater management is designed on water sensitive urban design.
56.	Provisions to be strengthened to ensure stormwater measures · do not lower ground water levels of ASS (actual and potential) · establish vegetated buffers to waterways to trap sediment, nutrients and pollutants · to maintain and enhance water quality and levels for wallum frog species · Consider baseline modelling and need for modelling including stormwater from Arts and Industry estate · Impacts of stormwater runoff and sedimentation and silt runoff into Belongil Creek and the Marine Park from earthworks and filling the site · Management to be adequate to prevent rubbish, chemicals and nutrients from entering Belongil Creek and the groundwater.	Agree – The Northern Rivers Development Local Government Design and Construction manual requires a Stormwater Management Plan that demonstrates how post development flows volumes and stormwater quality are controlled to predevelopment conditions by achieving a neutral or beneficial effect (NorBE) on the natural environment and receiving waters or wetlands. It is recommended that the following be added to the Objectives and Prescriptive Measures under E8.10.4 *Objective* 3. To ensure groundwater levels are considered in the management of stormwater. *Performance Criteria* 5. Groundwater levels are not to be significantly altered by stormwater works in areas of actual or potential acid sulphate soils or such impacts are appropriately managed 6. Vegetated buffers are provided around stormwater infrastructure and to trap sediments, nutrients and pollutants from the surrounding environment 7. Stormwater is managed to maintain appropriate water quality and levels for wallum frog habitat. *Prescriptive Measures* n) Baseline studies to be prepared of water quality of surface and groundwater and within drainage lines across the site. The Studies to consider wet and dry period, tidal movements and incorporate sampling upstream (eg Arts and Industrial Estate) and Down Stream (eg Belongil creek); o) Identification of all areas proposed for fill or other major earth works and an assessment of impacts on stormwater runoff, ground water levels, acid sulphate soils and wallum frog habitat and identification of effective mitigation measures where impacts cant be avoided. p) Detailed designs for the central drainage line that identify impacts on the watertables in the vicinity of Acid Sulfate Soils and minimises damage to existing native vegetation. q) A monitoring regime for Belongil Creek to ensure a Neutral or Beneficial Impact (NorBE) is being achieved for the creek. Target criteria for water quality including litter, coarse sediments, fine particles, total phosphorus and nitrogen and hydrocarbons to be nominated consistent with the Northern Rivers Development Local Government Design Manual. The monitoring regime to be applied to assess impacts as the development proceeds from the start of construction for a period of 10 years.
57.	The main stormwater drain that takes stormwater from the Arts and Industry Estate should be carefully widened where rare or endangered vegetation won’t need to be removed and to limit the need for deepening of the channel to accommodate flood flows.	Agree this is a solution. It is recommended that Prescriptive measure 2 under E8.10.4 be amended to read 2. The embellishment of the main drain through the site and the secondary drain on the Belongil Fields site to be carefully designed to protect high conservation value vegetation. The drain(s) to be strategically widened at areas with limited conservation value.
	Mosquitos and Midges
58.	Has the council considered how much impact this development will have on mosquitos and midges will have on the town for the existing population at Sunrise and the town itself from disturbing the soil. Ross River is prevalent – has this been considered	The DCP includes provisions for mosquitos and midges
	Soil contamination issues
59.	Soil contamination must be addressed	Provisions of SEPP 55 Remediation of Contaminated Lands apply. This will necessitate the need for a detailed assessment under Clause 7 of the SEPP to ensure the site is suitable for development prior to the DA being approved.
	Other Options
60.	New housing estates should go in Lismore or Mullumbimby. It is not Byron's burden to make up the housing quota allotted to the North Coast as a region. Put the houses in Mooball in Tweed Shire or Inland from Evans Head in Richmond Valley but not in Byron	This is not a matter for consideration as part of the DCP but is of relevance to the draft North Coast Regional Plan by DPE. In this regard the draft Regional Plan indicates Byron Shire needs an additional 3750 – 4500 dwellings over the next 20 years. Additional dwellings at West Byron will make up part of that quota. The surrounding Shires also have housing targets as follows Lismore – 4200 - 5000 Tweed – 14000 - 16860 Ballina – 3100 - 3700
61.	Good planning would be annexing an area in the hinterland behind Byron and creating a new and unique village. There are many creative people in the area with incredibly good ideas for a truly progressive concept such a new village. This would be a move towards a better future. Byron Shire needs a new town for new residents Build a new village in the Bangalow Area some 40 metres above sea level to insure against global warming	Noted – Council will need to look at further areas for residential development when preparing the Residential Strategy consistent with the draft North Coast Regional Plan. The plan indicates the need for up to 4500 dwellings over the next 20 years. Dwellings generated by West Byron will go some way to meeting that housing target.
62.	John Sparks proposal is far better and in line with the spirit of Byron Support the John Sparks concept - 200 dwellings – totally self sufficient - Environmental Studies Centre - Increased flora and fauna habitat - Reduced number of dwellings = reduced congestion on Ewingsdale Road An Eco Village like Currumbin valley would be a better option for the site The most sensible use of the land is forest regeneration with limited accommodation based around a public/private co-operative wildlife program, such as the Currumbin Sanctuary. An eco lodge facility with an environmental studies centre with access to the wetlands	It would be open to Council to enter into negotiations with the land owners to examine other options for the site, such as the John Sparks concept or other alternatives with a reduced development footprint. This could include: - a denser development with an increased height limit - greater green space and buffers for native flora and fauna, habitat linkages and revegetation, community gardens, public open space and the like - education and eco tourist facilities - Work/ living studio apartments Such discussions would need to look at amending the LEP for the site moving zoning lines and the like. It is likely any alternative concepts for the site would need to have the support of landowners in order to obtain LEP amendments from the Department of Planning and Environment. This is outside of the scope of the DCP
63.	West Byron Should be toned down to 5-6 houses Larger 1 acre sized allotments would be preferable	A reduction in density to a rural residential estate would requires an LEP amendment.
64.	Crowd Funding option to buy West Byron and use the land for Permaculture and other farming purposes, a wires Hospital, bike tracks and parkland for all ages, cultural centre, limited housing up to 300 dwellings and retention of Belongil Fields and camping ground as a festival area	This is not a matter for consideration for the DCP.
65.	Spread the housing into the rural areas by giving land owners with more than 40 ha a second dwelling entitlement	Rural properties throughout the shire can already seek consent for attached and detached dual occupancy effectively providing a second dwelling entitlement to those land owners.
	Buffers
66.	20 metre buffer to E2 and E3 Zones excessive Buffer Zones to must be adequate to protect wildlife corridors Bushfire APZ’s should be located on cleared land 50m buffer to the Temple Byron yoga studio required at Melaleuca Drive	The 20 metre buffer is considered reasonable for environmental and amenity reasons, and to act as an Asset Protection Zone. Buffers will be within the R2 Zone. It is recommended though the vegetated edge be increased to 10 metres to properties in the E3 Zone in Melaleuca Drive under E8.10.5.1 for amenity reasons.
	100m buffer to SEPP 14 wetlands required.	The zoning lines have generally been drawn with buffers incorporated into them for the SEPP 14 boundaries.
67.	Remove the words aim from Prescriptive measure 3(b)(i-iii) to be more specific for buffers under E8.3.5.1	Agree to changes.
	Odour Provisions
68.	The odour provisions should be removed as they are obsolete and the chicken processing Plant has been closed	As the adjacent processing plant may retain existing use rights, until such time as these are surrendered or the site redeveloped for another purpose, it is prudent that the odour provisions remain.
69.	Request that the Spine road in Stage 1 be extended to Melaleuca Drive to enable residents to utilise the new roundabout and sealed road to gain access to Ewingsdale Road.	The DCP provisions enable this to occur at Stage 1, but will be a matter for the landowners to finance and undertake this work as the development proceeds.
70.	The DCP should provide for ‘world best practice’, the inclusion of social housing in an integrated way so that it’s not just another gentrified coastal suburb, and the delivery of a sustainable and energy efficient development that ensures a positive contribution to the local environment and community.	The proposal includes provisions for water sensitive urban design measures, roofs to be designed and orientated for solar power and heating, and other arrangements for co-operative/ intentional housing.
	Schools, Health Facilities and other Public Amenities
71.	Schools are at capacity, Byron Public School is already crowded with portable classrooms Schooling/Health facilities – additional schools and health services will be required to cater for the additional school age children and people requiring health services. Village of 1000-2000 dwellings needs provision of social and community infrastructure including schools, childcare, youth activities, centre, post office, police station, medical centre, affordable housing, community centre, recreational facilities.	The Department of Education own land at Suffolk Park for a new school. The land is yet to be developed for this purpose. In terms of health care, a new hospital has been constructed at Ewingsdale, whilst the West Byron site will provide opportunities for other housing choices such as seniors living for an aging population. The site provides open space and recreational areas whilst a small commercial centre is proposed for the day to day needs of residents.
72.	Ambulance wont be able to get into town	Emergency Services have priority in the event of an emergency with lighting and sirens.
	Social Economic Impacts
73.	A Social Impact Assessment is required Social impact from 1500 - 2000 dwellings or 3450 people not considered	Social Impact Assessment will be required as part of the development application process as stipulated under Chapter B12
74.	Additional land for housing will create more jobs for Towns tradespeople that have to travel to Tweed/ Gold Coast for work	Noted
75.	Increase house supply will lower house prices	It is unclear if the development will provide for lower house prices, however an increase in supply and choice will provide diversity to the housing market in Byron Shire.
76.	Mews Style Development if done poorly can result in unsafe housing. Need to ensure such development is referred to NSW Police and for CPTED assessments.	DCP 2014 includes provisions for CPTED assessments.
77.	Proposal will destroy local tourist industry	There is no evidence that West Byron will impact on the local tourist industry.
78.	Development will create additional jobs through construction phase but where will the new residents work Proposal wont help unemployed	West Byron includes an industrial estate of 4 ha. This when developed will provide further opportunities for employment for the shires residents
79.	Social anthropologists such as Robin Dunbar (known for Dunbar's magic number - the optimum number for stable, healthy communities) recognise that as communities grow in size they lose many of the qualities of care and civility that sustain healthy societies. Anyone living in the area can have doubt that a development of this size - on this beautiful shared natural resource is too much for Byron Shire, and will gravely impact on something unique and irretrievable.	Dunbars number equates to approximately 150 people and arose from examining a range of village and tribe sizes historically. There is no reason that as West Byron develops, small neighbourhoods will be cultivated based around this number. However with advances in mobile communication and technology, whether this number is relevant geographically is unknown. This is a question though, which is outside of the scope of the DCP, having regards to the area of land rezoned for residential purposes.
	Water and Sewer Services
80.	Byron STP is at capacity Are headwork’s charged at the appropriate rate for the management of the Byron STP	Byron STP is operating at 70% capacity with capacity for up to a further 3500 dwellings (Equivalent tenements). It is considered that there is adequate capacity at the STP to cater for development at West Byron.
81.	Can the STP wetland ponds which provide bird habitat cater for increased development as proposed and does Council have the ability to manage the STP appropriately	Staff at the STP are appropriately trained in terms of ensuring the wetland operates as designed.
82.	Increased population will put added pressure on our water supplies. This is already an ongoing issue the residents of Phillip Island, Victoria, suffer.	Existing water infrastructure can cater for West Byron.
	The Byron Spirit
83.	Development jeopardises natural beauty of Byron Byron is a sacred place – most easterly point, Bundjalung country is blessed ground.	Noted. The DCP includes provisions for Aboriginal Cultural Heritage to be addressed.
84.	Brand Byron needs to be protected/ enhanced – quiet, laidback, green coastal hippy small town. The big retailers like Billabong and are running the smaller retailers out of town and rebranding the town If Byron becomes just like any other overdeveloped tourist town then people will stop coming and business will suffer. We have kept out topless bars, fast food chains and Club Med because they didn't fit with the way we want to live and visitors don't want that either. Our strongest marketing tool is our point of difference from many other over-cooked coastal towns.	Council has limited ability to regulate and prohibit certain businesses from operating in the Shire under the EPA Act 1979. This is not a DCP matter. The commercial component within West Byron is limited in size to one hectare and is likely to be developed as a neighbourhood shopping area for the day to day needs of the residents.
	Over crowding
85.	Overcrowded Spaces in Byron Bay - not enough space for people to sit, eat, park or walk on the footpath in town. With the bike, prams, skateboards, wheelchairs and elderly and tourists and locals. Byron Bay town is too crowded already.	Noted. The Byron Bay Masterplan aims to provide increased public amenity and space for residents and tourists alike
86.	Proposal will cause a massive increase in population. Population for Byron will increase by 40%	Census data for Byron Bay shows a population of 8655 in 2011. A 40% increase equates to 3462 persons. Assuming a yield of approximately 850 dwellings at 2.3 persons/dwelling – this will increase the population of Byron by approximately 2000 people.
87.	Lack of Public Consultation for this development DCP should be re-exhibited to enable residents to comment again	The Draft DCP was exhibited for a period of 6 weeks instead of the minimum period of 4 weeks.
	Staging
88.	Staging is too ambiguous and should roll out housing over a 10 year period A minimum of three stages is required with key performance indicators established in advance to facilitate progress. Staging and release of housing should be linked to upgrade requirements for Ewingsdale Road and other essential services. Staging measures have not been adequately provided for in the DCP. Proposal with potential for upwards of 2000 dwellings should provide a plan for development over a 10 year timeframe	Having regards to the size of the site, and infrastructure required, it is unlikely that this development could be rolled out in a shorter period of 10 years. With multiple land owners, it is pertinent that Stage 1 infrastructure is provide to service the various development lots. Once this occurs housing lots can then be developed and released. This will be dictated by market forces and the need for land owners to get a return on capital investment to pay for infrastructure and the like. It is also noted that the land was rezoned in 2014, it is unlikely any lots will be released for residential purposes until the end of 2018, some four years after the land was zoned at the earliest. It is also noted that in Ocean Shores and Baywood Chase - Suffolk Park, the development of these residential estates took a number of years to progress, and West Byron is unlikely to be any different. It is also unlikely the residential market will be flooded with an additional 2000 dwellings. Council estimates that the development will ultimately release around 700–800 dwellings. Further LEP amendments are currently in train to reduce potential residential yield in the R2 Low Density Zone which has been agreed to by the developers. It is recommended though the following prescriptive measure be added to E8.10.1. 7. Where more than 100 lots are to be released as part of a subdivision, a staging plan to be submitted with the development application breaking such land releases into stages of no more than 50 lots to enable the co-ordination and provision of necessary infrastructure and services.
89.	The Staging requirements need to provide for flexibility to enable land to be progressively released to fund the construction of additional infrastructure (roads, sewer, water and stormwater etc) If two Stages remain – provisions to be established to enable substages or phases within these stages, Allow for alternate staging arrangements to be considered	The Staging provisions have been drafted with regard to the multiple land owners involved in the Development Site to ensure that all necessary infrastructure, and management plans for the site are approved with Stage 1.
	Subdivision Controls
90.	Allow nature to penetrate into the urban fabric – allow for street trees and house trees Informal street design with soft edges rather than kerb and gutter, stormwater runoff via permeable surfaces that support vegetation Develop outdoor meeting spaces	The DCP includes provisions for street trees and water sensitive urban design measures (swales) for stormwater disposal. The two designated recreational areas are available for a range of purposes including passive and open space. Under E8.10.7 the park adjacent to the Business Centre to be developed as “a village square or piazza as a community focal meeting point and a casual meeting place for social interaction”
91.	Ensure walkability to services and attraction – maximum of 500 m Cycleway and pedestrian links	The site is generally level with no major topographic features making it easy to walk and cycle around West Byron. The Neighbourhood Business Centre although not exactly centrally located is at its furthest point is approximately 750 metres from the outlying residential zoned land. The DCP includes provisions for cycleways and footpaths to address this issue.
92.	Incorporate “Notes” provisions as prescriptive measure under E8.10.2.	The Notes are provided as background information for applicants to consider in there subdivision layout and to reflect the controls under prescriptive measures 5 and 6.
93.	Performance criteria 3 about retaining vegetation is unclear and should be removed and Prescriptive measure 7 about lots incorporating vegetation how the vegetation will be managed and not removed subsequently for bushfire purposes.	The controls are aimed at ensuring significant vegetation that is identified for protection through the DA process but is located in the residential lots is appropriately managed and retained. Importantly significant vegetation that has been identified should not be subsequently removed at a latter stage for bushfire protection purposes. The Subdivision layout needs to design around such vegetation and build in appropriate asset protection zones to avoid the need for such vegetation to be removed at a latter date. It is considered the provisions should remain as drafted
	Affordable Housing
94.	10% of the site should be provided for affordable housing based on 30% of the average wage of shire residents Development could provide housing for Shires working residents unable to afford prices in current market 10-20% of housing should be made available to locals at discounted rates New housing in Byron Bay should now be focused on the acute shortage of low -income housing caused by the tourist boom. i.e. social housing, secondary dwellings, Manufactured Home Estate cabins, permanent caravan sites, homeless shelters. Should be for single parents, low income workers, paid and voluntary, and of course for seniors and people with disabilities who have been living in the shire for a long time and are being forced out The site is more suitable then the Ewingsdale Site for seniors living being closer to town.	Opportunities would exist for development to occur on the site under SEPP Affordable Rental Housing 2009, and SEPP (Senior Living) 2005, and SEPP 36 -Manufactured Housing Estates. Opportunities will also exist for social housing providers to develop within the estate. The land when rezoned by the Department of Planning did not choose to include any inclusionary housing provisions to deliver affordable housing outcomes on site. In general West Byron should provide for a greater variety in housing choices for residents from units and town houses to traditional house and land packages. The DCP also provides avenues for Co-operative intentional housing models to be explored under Clause E8.10.10.3 to provide opportunities for more affordable housing.
	House Design
95.	50% of the lot to be taken up by building with the remainder available for green space. Development should have design controls to encourage high energy efficiency and to generate solar power to reach carbon neutral goal. House design should reflect regions coastal climate and not just another suburb by the sea. Controls are added to ensure eco housing with adequate solar access and setbacks from roads and neighbours. Better guidance required for secondary dwellings in terms of maximum area of verandahs and shed.	The development includes site coverage provisions and landscaping provisions as opposed to floor space ratio controls. It is considered these controls are reasonable. It is noted though with the growing popularity of secondary dwellings in Byron Shire, some applicants are pushing the size and scale of these dwelling with large decks and verandahs and in some instances more than doubling the allowable floor area of 60m². This adds substantially to the cost of construction, and undermines the ability for the secondary dwelling to then be rented or let at an affordable price or achieve the aims of the SEPP (Affordable Rental Housing) 2009. To provide guidance on this for West Byron it is recommended that the following be added to the prescriptive measures for secondary dwellings under Table E8.3. Decks and verandahs for secondary dwellings not to exceed 20m² in area. It is also recommended that Chapter D1.4.1 Private Open Space (Secondary Dwellings) also be amended to reflect the same controls for West Byron and to remove this current policy vacuum in the controls.
96.	Images of house don’t reflect Byron subtropical character highset housing minuses impacts on sensitive land forms and overland flows Open frontages to streets, verandahs and porches linking inside to outside, privacy created by vegetation screens	The house images have been selected to reflect certain design measures from the DCP. The DCP does not mandate housing to be highset on bearers and joists or slab on ground – this will be a choice for future landowners. The housing controls include provisions for eaves and verandahs. Fencing to be in accordance with the adopted provisions for the rest of the Shire under Chapter D1 of DCP 2014.
97.	Lumping medium density housing together does not provide for social cohesion – needs a mixed approach Controls should provide for a mix of housing eg medium density and low density, affordable housing, terrace style and clusters, aged accommodation with the aim of providing a heterogeneous mix – not large ghettos of rich and poor	The zoning has been established by the Department of Planning under Byron LEP 1988 with some 11 ha zoned R3 Medium Density. The LEP controls also permit dual occupancy and other medium density forms in the R2 Low Density Zones. To provide that mixed approach the DCP under Clause E8.10.2 requires at the subdivisions stage dual occupancy and other medium housing forms to be nominated, to have secondary street access, minimum dimensions of 25 metres on a general north south axis and to be generally dispersed throughout the R2 Zone.
98.	Housing controls too prescriptive and restrictive in terms of: · garage frontages not exceeding 40% of site frontage – increase to 50% · reduce front setbacks from 4.5m to 3.5m · 2^nd storey setbacks should be 1.5m not 2.5 m · Upper level wall lengths increased from 12m to 15m	It is considered the prescriptive measures are suitable having regards to the minimum lot size provisions within west Byron and compared to the planning controls adopted for other residential areas in the Shire.
	Carbon Footprint
99.	The DCP is recommended in the attention to detail it gives to reducing the carbon footprint	Noted
100.	The total development is to be self-sufficient in energy, water, waste and food with zero carbon emissions. To treat and discharge water within the site. To treat sewerage generated and pollution before discharge into the wetlands, to collect and recycle waste efficiently to supplement local food in a community garden to reduce and offset carbon emissions to zero.	This is a worthy goal to achieve, however Council’s are unable to establish higher targets for housing than what is currently required under State Environmental Planning Policy Building Sustainability Index 2004. Notwithstanding this, dwellings need to be designed with roof areas orientated to the north to enable solar panels to be installed. Opportunities also exist for community gardens to be established within the public reserves on the land, however this would need to be driven by future landowners and residents not by the developers.
	Thermal mass of concrete must be shaded to act effectively in summer Break up large areas to avoid heat island effects Passive solar design rather than air conditioning	The DCP includes provisions for eaves on dwellings and for articulation of dwellings. The residential controls also in the absence of a floor space ratio have focused on a site coverage and landscaping provision to provide for garden and yard areas as private open space.
	Acoustic Fence and Buffer to Ewingsdale Road
101.	Sound fence and mound to Ewingsdale road impact on useable residential land. Fence requirements should be removed and allow for alternate solutions.	Attenuating road noise is the responsibility of the developer at the subdivision stage and should not be left to future land owners to construct dwellings with double glazing. The provisions are also aimed at providing a landscape buffer to Ewingsdale Road to screen the development. The provision for a sound barrier should remain as the preferred option. On the residential side of the barrier the fence can be landscaped as indicated or terraced with retaining walls and the like to provide for a useable back yard area for any dwelling backing onto the wall. This will be a matter for the developers to resolve at the design stage.
102.	Buffers to Ewingsdale Road need to be increased to 50m - as required by the EPA	The buffer distances prescribed to Ewingsdale Road will be subject to a full detailed noise assessment, and the location of dwellings and sound walls will be dictated by that study. Significantly the Wall and more than 50% of any earth mound will be sited on the developers land not the Road reserve.
103.	Object to the current design of Figure E8.11. Road reserve is required for widening Ewingsdale Road and shouldn’t be used to support the earth mound and fencing etc	Figure E8.11 is still appropriate provided the final road realignment of Ewingsdale road is reflected in the Subdivision alignment. To ensure the design of West Byron considers the future widening of Ewingsdale Road. It is recommended that an additional prescriptive measure under E8.10.1 for the Stage 1 DA be inserted as follows 6. The boundaries with Ewingsdale Road for the site to be adjusted to reflect future widening of Ewingsdale Road as indicated in Appendix G. The boundary adjustment(s) to occur with Council agreement and can occur with Stage 1 or 2 or by a standalone application process. Such widening to have regards to the requirements under E8.10.8.8 Buffers to Ewingsdale Road It is also recommended that the following Performance Criteria and additional words added to the prescriptive measure 1 under E8.10.8.8 to ensure the noise barrier satisfies RMS requirements and to ensure any road widening that is carried out on Ewingsdale Road enables other public infrastructure to be accommodated. *Performance Criteria* Noise attenuation measures along Ewingsdale Road to comply with the RMS Noise Mitigation Guideline and the Noise Wall Design Guideline, and are to be incorporated into the subdivisions design, layout and built form and not passed onto future residents to complete with the design and construction of dwelling houses. Prescriptive Measures 7. A landscaped buffer including both physical barriers and earth mounds adjacent to Ewingsdale Road to be incorporated into the subdivision design generally in accordance with Figure E8.11 for the full length of the West Byron Site zoned IN2, R2 and R3, subject to all required road, drainage, cycleway, services and landscaping being able to be located within the road reserve.
104.	Vegetation along Ewingsdale road buffer should be a dense screen of native vegetation.	The DCP recommends that a vegetation screen be provided along Ewingsdale Road in front of any noise barriers or fencing.
	Footpaths Cycleway Network
105.	The need for footpaths on one side of all access roads and both sides of local, collector and distributor roads is excessive and beyond requirements of the Northern Rivers Design Manual	It is considered important that the development of West Byron with it’s flat terrain is legible for pedestrians and cyclists and the construction of appropriate pedestrian and bike paths through the estate to encourage walking and cycling as opposed to driving motor vehicles and to reduce carbon emissions.
	Road Reserve Widths
106.	Road reserves are excessive and not in accordance with Northern Rivers Design Manual. Additional width of road pavements and verges provides no benefit and can lead to increased speed. Roll top kerb be proposed instead of upright kerb to enable the verge to be used for parking	The road reserve widths have been adopted to provide for drainage swales consistent with WSUD principles. Upright kerbs are proposed to keep vehicles off the verge which will contain stormwater swales, pedestrian paths and street trees. The design manual establishes a minimum standard, but there is nothing to prevent a Council from adopting a higher standard and with on-street parking and two way traffic, the road reserve widths are considered appropriate.
	IN2 Industrial Land
107.	The proposed area for IN2 should have a portion set aside for a large all day carpark as the existing DCP for Byron’s existing Industrial Estate does not work, there is not adequate parking.	Car parking is a permitted use in the zone. Opportunities would be available for a commercial car park to be provided in the estate.
108.	IN2 Zoned land comes to within 50 metres of Ecotourism / B and B development in Melaleuca Drive	IN2 Zoned Land is some 90 metres from these developments and is considered adequate.
	Aboriginal Cultural Heritage
109.	The DCP to require consultation with the traditional owners is insult as the traditional owners have objected to the West Byron Development.	West Byron contains items of cultural significance. Any development on the site will need to carry out the appropriate studies and to include consultation with the traditional owners in terms of long term management.
110.	Potential impacts the development may have in relation to any native title claims on crown land running through the site. Traditional owners need to be consulted and notified at DA stage of Development to ensure any future acts are consistent with Native Title legislation.	Noted – Pursuant to the Notification provisions under DCP 2014 for DA’s the traditional owners would need to be notified of development applications.
111.	The Byron Bay Bundjalung be recognised specifically in the DCP as the primary stakeholders in terms of decision making on Aboriginal cultural heritage. Performance Criteria should be drafted to reflect this	The provisions under E8.10.9 list the Byron Bay Bundjalung people as one of the Key Stakeholders in relation to the preparation of a cultural heritage assessment. It is highly likely that consultation will also be required with the Tweed Byron Local Aboriginal Land Council and other bodies that represent local Aboriginal people and their interests.
	Tourist Accommodation
112.	Vagueness or non existence of how to deal with serviced apartments/ Hotel/Motels. How many of those can be built? How many of developments can be built in E3 zones? Has council any say in that?	Serviced Apartments are only permissible in the R3 Medium density Zone (Belongil Fields) as per Byron LEP 1988. Hotel and motel Accommodation is only permitted in the B1 Zone. Such accommodation is not permissible in the E3 Zone under the LEP. Controls currently exist elsewhere in Byron DCP 2016 for hotel/ motel accommodation.
113.	What about holiday letting	Current LEP amendment to permit Short Term Rental Accommodation in Byron Shire only applies to land under Byron LEP 2014. These controls will not apply to the residential areas of West Byron as it is controlled by Byron LEP 1988.
114.	One Bedroom B and B’s should not be permitted in West Byron as exempt development and should require development consent	Current LEP amendments that will make 1 bedroom Bed and breakfast Establishments as exempt development will not apply to land Zoned under Byron LEP 1988. This includes West Byron. The Provisions under Clause E8.10.12 indicate bed and breakfast establishments are permissible with consent. That will require a development application to be submitted and approved by Council.
	Development in E3 Zone
115.	Existing development should be connected to service, town water, sewage, telecommunication, infrastructure and road upgrades.	Provision to connect to services will be available at landowners expense
	Bushfire
116.	Risk from Peat Bog underlying this area catching fire.	Recommend the following be inserted into the prescriptive measures under E8.10.8.4 to address this issue. 8. The bushfire assessment to address potential risk from a peat fire.
117.	Provisions should be included to prevent APZ’s from extending into Environmental Zones, sensitive vegetation or habitat for frogs and koalas	Subdivisions provisions under E8.10.2 include provisions to protect vegetation to be retained from future residential development including Asset Protection Zones. It is recommended that the provisions be strengthened to also incorporate habitat identified for koalas and wallum frogs to be protected.
	Council and Good Governance
118.	Cr Wanchap as a Real Estate Agent has a conflict of interest and should excuse herself from voting on the DCP It is wrong for Council staff to ignore Councillor voting patterns which are against community expectations. Proposal is being pushed through by pro development faction of Councils	This is a matter for Councillors to declare whether they have a conflict of interest prior to the DCP being determined and excuse themselves from the voting if required. How a Council may vote on a certain issue will only be known when the matter is brought before them to consider.
119.	It is characteristic of a shocking council that has absolutely no regard for the future of the area. It smacks of corruption and people being paid off for their vote. It smacks of self interested councillors that have no regard for the community.	Noted
120.	What measures are in place to insure good governance during the process? How can the development progress at this early stage, where there is so much at stake, be made as transparent as possible.	West Byron matters will generally be determined by Council with staff not having delegation to make DCP’s, amend LEP provisions or approved DA’s for large lot subdivisions. The reporting of these planning matters are placed on the public agenda and Council will need to make a decision in the public arena.
121.	The DCP process doesn’t allow Byron ratepayers to have any determining voice on decisions made by Councillors	The DCP will be adopted by a Council who has been elected by the residents of the Shire.
122.	The DCP ignores Peoples Charter for Better Planning	The West Byron DCP provisions aims for the site to be developed so that the natural environment is protected and enhanced, provide energy efficient housing with solar access, provide a variety of housing choices, incorporates provisions to protect Aboriginal Cultural Heritage including consultation with traditional owners, whilst development applications to develop West Byron will need to be advertised and exhibited in accordance with Councils adopted policies. The above matters are listed in the guiding principles of the charter.
	Other matters
123.	Noise and crowd Controls	Any development approved on the site would be subject to noise requirements at the construction stage. The site is not nominated for music events or festivals and this matter has not been considered in the DCP.
124.	IGA Shopping Centre wont be able to cater for new residential development – lack of car parking	This is outside the scope of the DCP. The supermarket though has been developed in accordance with Council’s requirements including car parking for retail outlets.
125.	Proposal will profit developers with a Gold Coast, Tweed Coast, Ballina style gentrified coastal development	As to whether the development of the site provides for a profitable return to developers is not a matter for consideration. Heights for West Byron are substantially lower than what is permitted in other local government areas, whilst the DCP incorporates residential provisions to provide for a housing form not inconsistent with current controls for the rest of Byron Shire.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.8 - Attachment 2

10.2016.254.1

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:
Drawing No’s GNC:01 to GNC:04 (inclusive)	Site/Landscape Plan, Floor Plan/Basix Commitments, Elevations (North East, South West, South East, North West) and Section A/A	TONI APPLETON CONSULTANCY	27 April 2016

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) Concurrent Approvals

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

Integrated Approvals under Section 68 of the Local Government Act 1993

C5 Installing, constructing or altering a waste treatment device or a human waste storage facility or a drain connected to any such device or facility.

3) 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.

4) 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; and

(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.

5) 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).

6) 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.

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

7) Terms of approval for on-site sewage management required

Refer to Local Government Act 1993 Section 68 Application No. 70.2016.254.1 or Local Government Act 1993 Section 68 approvals issued subsequent to this consent.

8) 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.

9) Compliance with BASIX Certificate requirements

The development is to comply with Basix Certificate No. 722815S, dated 28 April 2016

The commitments indicated in the Certificate 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 D2.2.3 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

Chapter 1: Part F of Byron Shire Development Control Plan 2010 (DCP 2010) 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/publications/swmmp_-_pro-forma-.doc)

11) Stormwater On-Site Disposal Approval Required

The application for a Construction Certificate is to include plans and specifications that indicate disposal of stormwater via an on-site storm water infiltration trench consisting of a minimum of one cubic metre of coarse gravel (40-50mm) per 50m² of roof and collected hardstand areas. The pit is to be designed to be contiguous with the site contours. Stormwater overflow must not be directed in a concentrated flow onto any adjoining property.

Alternative approved designs will be also considered.

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

NOTE: The plans must be in compliance with Council's DCP 2010 Part N and Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

12) 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 (residential areas)

A driveway(s) in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”. Driveway shall be located as close as practical to the north of the 40KPH sign to maximise the distance between the driveway and the Mafeking Road intersection.

The following conditions are to be complied with prior to commencement of building works

13) 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

14) Inspection for on-site sewage management

All plumbing and drainage works is to be installed by a suitably qualified person. The plumber must adhere to the requirements of the NSW Code of Practice and AS/NZ 3500. The plumber is to arrange for the following inspections to be undertaken:

a) Internal drainage prior to covering of the works.

b) External drainage prior to the covering of works.

c) Irrigation installation prior to the covering of works.

d) Final

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; and

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); and

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) 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.

18) 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.

19) 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.

20) 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 1997.

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

The following conditions are to be complied with prior to issue of a Final Occupation Certificate

21) On-site sewage management system must be completed

The on-site sewage management system is to be constructed in accordance with approved plans and in accordance with current specifications and standards. The system is not to be used and/or operated until a Council Officer has inspected the system and authorised its use.

22) Approval to Operate required

In accordance with the Local Government Act, an Approval to Operate the onsite sewage management system must be obtained from Council. Forms may be downloaded from Council’s website with 'http://www.byron.nsw.gov.au/on-site-sewage'.

23) 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 Councils road/footpath reserve.

24) 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; and

c) Not onto adjoining land.

25) Access and parking areas to be completed.

The access and parking areas are to be constructed in accordance with the approved plans and Roads Act consent.

The following conditions are to be complied with at all times

26) Use of Secondary dwelling

The dwellings are not approved for holiday letting and/or for the use as a tourist facility.

27) Relationship to Principal Dwelling

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

28) 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.

29) No subdivision - Secondary Dwelling

In accordance with clause 24 of the State Environmental Planning Policy (Affordable Rental Housing) 2009, subdivision of the subject land is not to occur.

NOTES

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.

Principal Certifying Authority:

Work must not commence until the applicant has:-

· Appointed a Principal Certifying Authority (if the Council is not the PCA);

· Given the Council at least two (2) days notice of their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’; and

· 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 and Assessment Act 1979 or prosecution pursuant to section 125 of the Environmental Planning and Assessment Act 1979.

Secondary dwellings

Approval of your Secondary Dwelling will be included in a register to provide accountability of the uptake of this affordable housing approach and to assist in any compliance action that may need to be taken in the circumstance that the dwellings are being used for tourism purposes rather than meeting the need for affordable housing (Council Resolution No. 11-268).

REASONS

1. To comply with the provisions of Byron L.E.P. 2014;

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

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

4. To ensure adequate access to and from the development;

5. To ensure that appropriate landscaping is provided;

6. To preserve the amenity of the area;

7. To ensure compliance with Section 68 of the Local Government Act 1993; and

1) BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 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

(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.

(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.

4) Notification of Home Building Act 1989 requirements

(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.

(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

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:

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

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.