BYRON SHIRE COUNCIL
13.7 - Attachment 2
CONDITIONS OF CONSENT:
Parameters of this Consent
1) Development is to be in accordance with approved plans
The development is to be in accordance with plans listed below:
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Plan No. |
Description |
Prepared by |
Dated: |
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DA.01 Revision 2 |
Existing conditions /Demolition |
Hayball Pty Ltd |
Mark up 02/03/16 |
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DA.03 Revision 3 |
Site Plan |
Hayball Pty Ltd |
28/06/2016 |
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DA.05 Revision 12 |
Lower Ground Plan |
Hayball Pty Ltd |
24/10/2016 |
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DA.06 Revision 14 |
Ground Floor Plan |
Hayball Pty Ltd |
24/10/2016 |
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DA.07 Revision 8 |
Level 1 Plan |
Hayball Pty Ltd |
24/10/2016 |
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DA.08 Revision 6 |
Level 2 Plan |
Hayball Pty Ltd |
24/10/2016 |
|
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DA.09 Revision 3 |
Roof |
Hayball Pty Ltd |
28/06/2016 |
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DA.10 Revision 4 |
Elevations 1 |
Hayball Pty Ltd |
05/07/2016 |
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DA.11 Revision 3 |
Elevations 2 |
Hayball Pty Ltd |
05/07/2016 |
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DA.12 Revision 3 |
Elevations 3 |
Hayball Pty Ltd |
05/07/2016 |
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DA.14 Revision 6 |
Section A & B |
Hayball Pty Ltd |
05/07/2016 |
|
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DA.15 Revision 3 |
Section C & D |
Hayball Pty Ltd |
05/07/2016 |
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DA.00.1 Revision 1 |
Materials and Samples |
Hayball Pty Ltd |
04/03/16 |
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|
- |
Statement of Landscape Intent |
Planit Consulting |
December 2015 |
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DA.26 |
Indicative Strata Plan |
Hayball Pty Ltd |
17/12/2016 |
|
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DA.27 |
Indicative Strata Plan |
Hayball Pty Ltd |
17/12/2016 |
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DA.28 |
Indicative Strata Plan |
Hayball Pty Ltd |
17/12/2016 |
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SK1-16117-SW1 (Rev D) |
Building 1 & Courtyard Concept Stormwater Drainage Plan |
Greg Alderson & Associates |
12/07/2016 |
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SK1-16117-SW2 (Rev D) |
Building 2 Concept Stormwater Drainage Plan |
Greg Alderson & Associates |
07/07/2016 |
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SK1-16117-SW3 (Rev D) |
Concept Basement Drainage Plan |
Greg Alderson & Associates. |
12/07/2016 |
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SK1-16117-CO1 (Rev E) |
Concept Driveway Layout Plan & Road Works |
Greg Alderson & Associates |
07/07/2016 |
|
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SK1-16117-CO3 (Rev E) |
Concept Civil Works and Manoeuvring Plan |
Greg Alderson & Associates |
07/07/2016 |
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|
- |
‘Wollongbar Property PTY 17-21 Shirley Street Byron Bay Acoustic Assessment for Development’ |
GHD |
December 2015 |
|
|
16117_SEPP55.docx |
Preliminary Contaminated Land Assessment |
Greg Alderson & Associates |
10 Dec 2015 |
|
|
16117_SEPP55.docx |
Preliminary Acid Sulfate Soils Assessment (as amended) |
Greg Alderson & Associates |
20 June 2016 |
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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) Residential use
This development consent allows only for the purposes of residential flat buildings. Nothing within this development consent allows for the development to be used as tourist and visitor accommodation.
3) Access to rail corridor land
This development consent does not authorise any form of access onto any adjoining land within the rail corridor.
4) Limited tree removal
Removal of existing native trees from the site is limited to one tree being a Black She-Oak (Allocasuarina littoralis) located by survey at the centre rear of the property on plan number 3183A entitled Plan of detailed survey by Canty’s Surveyors dated 21 July 2015. All other native trees within the site are to be retained and protected.
5) Signage
Signage does not form part of this development consent.
6) Fencing
Front boundary fencing adjacent to Shirley Street does not form part of this development consent.
Side and rear fencing is not to exceed 1.8 metres in height.
7) Common Television Antennae
Each of the proposed buildings is have a common television antennae reception system to be available for all dwellings on site.
8) 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.
9) 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.
10) Erection of signs
(1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.
(2) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:
(a) showing the name, address and telephone number of the principal certifying authority for the work, and
(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and
(c) stating that unauthorised entry to the work site is prohibited.
(3) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
(4) This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.
(5) This clause does not apply in relation to Crown building work that is certified, in accordance with Section 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).
11) 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.
12) No Interference with the amenity of the neighbourhood
The use of the development must not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise. In particular:
a) The noise level emanating from the use of the development must comply with the New South Wales Industrial Noise Policy prepared by NSW EPA 2000.
b) Only clean and unpolluted water is permitted to be discharged to Councils’ stormwater drainage system or any waters.
c) All wastes must be contained within appropriate containers fitted with a tight-fitting vermin-proof lid.
d) All trade waste pre-treatment devices and other waste storage facilities must be serviced and maintained to ensure that all relevant environment protection standards are satisfied.
13) Pool safety sign
The occupier of the premises must ensure that there is at all times a sign in the immediate vicinity of the swimming pool bearing the words ‘Young children must be supervised when using this swimming pool’. The sign is to be a prominent position and be otherwise in accordance with clause 9 of the Swimming Pools Regulation, or similar.
14) Swimming pool discharge
Swimming pools must discharge or backwash to an overflow retention gully in accordance with AS/NZS 3500.2.2, Section 10.9 & Figure 10.2.
This work is exempt development in accordance with Councils Local Approvals Policy (2009), however, where it is not possible to discharge to an existing overflow retention gully, a new charged gully may be required. In such circumstances, an application under Section 68 of the Local Government Act is required.
15) Swimming pool pump location
The filter pump is to be located such that noise from its operations does not cause a nuisance to adjoining residents. If necessary an acoustic enclosure must be provided around the pump to achieve the required noise attenuation.
16) Swimming pool health requirements
The swimming pool water is to be re-circulated, filtered and disinfected in accordance with the requirements of Council and NSW Health. The swimming pool water is to be maintained at satisfactory levels of purity for bathing at all times.
The following conditions are to be complied with prior to issue of a Construction Certificate
17) Compliance with bushfire conditions under Section 100B of Rural Fires Act 1997
Relevant bush fire design and construction requirements as issued under Section 100B of the Rural fire Act 1997 must be included on the construction certificate drawings.
18) Amended plans
Amended Plans to be submitted with the construction certificate demonstrating the following:
a) A minimum 1.5m wide setback to be provided between the outer edge of the Tree Protections Zones and proposed Building No.1, and
b) the proposed footpath and decking passing through the EEC area is to be relocated to a route on the western side of Building No.1.
19) Geotechnical Report required – Engineering Works
A certificate from a professional Engineer experienced in soil mechanics is to be provided to the Principal Certifying Authority, certifying that:
a) the design of the civil engineering works, including retaining walls and/or cut & fill batters, has been assessed as structurally adequate,
b) the civil engineering works will not be affected by landslip or subsidence either above or below the works;
c) adequate drainage has been provided, and
d) the design of the civil engineering works, including retaining walls and/or cut & fill batters, has been assessed as structurally adequate having regard to the operation of a railway corridor on the land adjoining to the north.
20) Adaptable housing units
A minimum of two (2) dwellings are to be constructed as adaptable housing in accordance with AS4299 Adaptable Housing or alternatively a minimum of two [2] dwellings may be designed and accessed in accordance with AS1428.1 – Design for Access and Mobility – General Requirements for Access – New Buildings (for class 3, 5, 6, 7, 8 and 9 buildings).
21) Plans of retaining walls and drainage
The application for a Construction Certificate is to include plans and specifications that indicate retaining walls or other approved methods of preventing movement of the soil, where any excavation or filled area exceeds 600mm in height. Adequate provision must be made for drainage. Such plans and specifications must be approved as part of the Construction Certificate.
22) Sediment and Erosion Control Management Plan required
Such plans and specifications must be approved as part of the Construction Certificate.
NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.
23) On-site stormwater detention - Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to carry out on-site detention drainage system and connection to a Council approved drainage system.
The plans must be in compliance with the Northern Rivers Local Government Development Design and Construction Manuals, Byron Shire Council Comprehensive Guidelines for Stormwater Management and relevant Australian Standards. Refer to Council’s website for copies of Council documents.
24) Stormwater on-site infiltration approval required
The application for a Construction Certificate is to include plans and specifications that indicate stormwater management for the site, in accordance with AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage. A point of disposal for stormwater is via an infiltration pit located on the subject property.
The infiltration area is to be designed:
a) By a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.
b) With a safety factor of 2 to allow for any long-term deterioration in infiltration rate.
c) To ensure that the stormwater run-off entering the infiltration area is pre-treated to remove sediment and gross pollutants.
d) To ensure that the stormwater run-off from the site is restricted to a pre-development discharge rate for all storm events up to and including the 1 in 20 year storm.
e) In accordance with the requirements of Section 9.4 of the NSW Department of Housing manual, Managing Urban Stormwater – Soils and Construction.
f) Via percolation tests on the site in accordance with Appendix 4.1F of A.S. 1547:2000, On-site Domestic-wastewater management.
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”.
25) 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:
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Driveway (residential areas)
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A driveway(s) in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.
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1.2 m wide footpath
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1.2m wide foot paving for the full frontage of the site at a crossfall of 1 % or 1:100 (maximum 2.5% or 1 in 40). |
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Verge Reconstruction
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Grading, trimming, topsoiling and turfing of the verge area where existing driveways are removed.
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Adjustment of Services
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Kerb & gutter, road pavement and drainage |
Kerb and gutter to replace existing driveway laybacks, localised road pavement reprofiling and sealing at new driveway entrance, and associated drainage construction. |
26) Public Safety Management Plan required
a) a pedestrian barrier, alternative footpaths and ramps as necessary;
b) an awning sufficient to prevent any substance from, or in connection with, the work falling into the road reserve;
c) lighting of the alternative footpath between sunset and sunrise;
d) the loading and unloading of building materials;
e) parking space for tradesman’s vehicles, where such vehicles must be located near the site due to tools and equipment contain within the vehicle;
f) Removal of any such hoarding, fence or awning as soon as the particular work has been completed.
27) Traffic Management Plan
28) Car parking layout, vehicle circulation and access plans required.
The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent.
The access, parking and manoeuvring for the site is to comply with the requirements of Council’s Development Control Plan 2014, AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street commercial vehicle facilities. Plans are to include, but not be limited to, the following items:
a) pavement description;
b) site conditions affecting the access;
c) existing and design levels;
d) longitudinal section from the road centreline to the car space(s);
e) cross sections every 15 metres;
f) drainage (pipes, pits, on-site detention, etc.);
g) turning paths;
h) linemarking and signage.
The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.
Such plans and specifications must be approved as part of the Construction Certificate.
NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.
29) Bond required to guarantee against damage to public land
30) Public liability insurance cover required
31) S.88E Restriction to be placed on title – Coastal erosion
Documentary evidence is to be provided to the Principal Certifying Authority that a restriction-as-to-user, pursuant to the provisions of S.88E of the Conveyancing Act, 1919, has been placed on the title to the land, the subject of this consent, stating:‑
The development granted via development consent number 10.2016.55.1 must cease if at any time the coastal erosion escarpment comes within 50 metres of the building subject of the consent. The development the subject of this consent must be demolished and removed immediately. Further the landowner must suitably revegetate the land.
In this restriction coastal erosion escarpment means the landward limit of erosion in the dune system caused by storm waves.
Please note: Documents requiring the endorsement of Council associated with the creation or cancellation of easements, restrictions, covenants are subject to fees listed within Council’s Fees & Charges.
32) Compliance required with Building Over Pipelines Policy
In all new subdivisions and/or developments an easement shall be provided for all pipelines including gravity sewer mains per Clause 3.4 of the Policy 4.20. Pursuant to Section 88B of the Conveyancing Act, 1919 an Instrument shall be prepared for each lot with creation of easement.
The use of displacement and screw pile construction methods will require approval by Council. Any brick / masonry fence crossing a sewer main must be supported over the sewer main will require approval by Council.
33) 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.
34) Certificate of Compliance – Water Management Act 2000
A Certificate of Compliance will be issued upon payment of developer charges for water and sewer as calculated in accordance with Byron Shire Council and Rous Water Development Servicing Plans.
Byron Shire Council acts as Rous Water’s agent in this matter and will issue a Certificate of Compliance on behalf of Rous Water upon payment of the Rous Water Development Servicing Charge to this Council.
Note: Copies of the application forms for Certificates of Compliance are available on Council’s website http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf or from Council’s Administration Office. Copies of Byron Shire Council’s Development Servicing Plans are available at Council’s Administration Office.
Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment. A check must be made with Council to ascertain the current rates by contacting Council’s Principal Engineer Systems Planning, Water on 02 6626 7081. Applicable charges can be found on Council’s website: http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64
The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. Payment by Personal or Company Cheque will not be accepted.
35) Details of onsite mechanical plant design to be submitted for approval
Mechanical plant must be designed and installed to comply with noise criterion recommended in report entitled Wollongbar Property PTY 17-21 Shirley Street Byron Bay Acoustic Assessment for Development’ prepared by GHD dated December 2015. Details and specifications must be accompanied by an acoustic assessment report from a suitably qualified acoustic consultant and must be approved as part of the Construction Certificate for building works.
36) Details of acoustic treatments for building construction to be submitted for approval
The application for a construction certificate must include plans and specifications that demonstrate the inclusion of acoustic treatments recommended in Section 7 of report entitled Wollongbar Property PTY 17-21 Shirley Street Byron Bay Acoustic Assessment for Development’ prepared by GHD dated December 2015. Such plans and specifications must be approved as part of the Construction Certificate for building works.
37) Details of Stormwater Treatment System
Application for a construction certificate must include a Maintenance Management Plan details and specifications for Stormwater Treatment System. The information must be prepared by a suitably qualified Engineer and submitted to Council for approval prior to the issue of construction certificate.
38) Maintenance Management Plan for Stormwater Treatment System
Application for a construction certificate must include a Maintenance Management Plan for Stormwater Treatment System. The MMP must be to be prepared by a suitably qualified contractor and submitted to Council for approval prior to the issue of construction certificate.
39) Environmental Management Plan
An Environmental Management Plan (EMP) must be submitted to Council for approval prior to the issue of the construction certificate for building works. The EMP must detail the methods that will be implemented for the whole project and:
a) be prepared by a suitably qualified professional;
b) contain details of measures to be undertaken to ensure that construction works do not result in any off-site impacts, including those that could interfere with neighbourhood amenity;
c) include a Waste Management Strategy that details the management of building wastes created as a result of the construction including on-site storage and disposal of building wastes; and
d) include details of complaints handling process.
40) Noise Management Plan
A Noise Management Plan must be submitted to Council for approval prior to the issue of the construction certificate for building works. The Noise Management Plan must detail the methods that will be implemented for the whole project to minimise demolition and construction noise. Information must include:
a) identification of nearby residences and other sensitive land uses;
b) assessment of expected noise impacts;
c) detailed examination of feasible and reasonable work practices that will be implemented to minimise noise impacts;
d) strategies to promptly deal with and address noise complaints;
e) details of performance evaluating procedures (for example, noise monitoring or checking work practices and equipment);
f) procedures for notifying nearby residents of forthcoming works that are likely to produce noise impacts;
g) reference to relevant consent conditions; and
h) name and qualifications of person who prepared the report.
Note: Refer to DECC’s ‘Interim Construction Noise Guideline’ (2009) for more information (see http://www.environment.nsw.gov.au/noise/constructnoise.htm).
41) Dilapidation Report
The submission of a certified report from suitably qualified and practising geotechnical and structural engineers, certifying that the method of construction will not adversely impact/effect the structural integrity and support of the neighbouring buildings and associated private and public infrastructure within the zone of influence of the construction site. The report is to also address the current structural state of those buildings and infrastructure. The engineers are to be Corporate Members of the Institution of Engineers Australia.
42) Details of pool fence required
The application for a Construction Certificate is to include plans and specifications that indicate the details of the fence around the swimming pool in accordance with the Swimming Pools Act 1992 and AS1926.1. Such plans and specifications must be approved as part of the Construction Certificate.
43) Dewatering Management Plan
Prior to the issue of a construction certificate, the applicant must provide a Dewatering Management Plan. This Plan must include the following:
a) copy of licence from the NSW Department of NSW Office of Water for the dewatering of excavations and any associated groundwater monitoring bores;
b) water quality criteria for waters to be discharged to the stormwater system, to be derived from ANZECC / ARMCANZ (2000) Fresh and Marine Water Quality Guidelines 95% species protection trigger levels for freshwaters, or similar. Parameters to include, but not be limited to, pH, electrical conductivity, dissolved oxygen, total suspended solids, turbidity, ammonia, oxidised nitrogen (NOx), Total Nitrogen (TN), Filterable Reactive Phosphorus, Total Phosphorus, Total Petroleum Hydrocarbons, Benzene, toluene, ethyl benzene, xylene (BTEX), Polycyclic Aromatic Hydrocarbons (PAHs) and Aluminium;
c) details of water sampling methodologies and frequencies for each parameter;
d) details of disposal methods if water does not comply with above criteria;
e) proposed location for the discharge of dewatering;
f) estimated flow rates and how these rates were determined;
g) details of proposed water monitoring including locations, methodologies and frequencies;
h) details of water quality criteria for discharged waters;
i) details of proposed water treatment prior to discharge to ensure compliance with the above water quality criteria, including those that are manual and automated;
j) likely environmental effects and mitigation measures for each, including but not limited to noise and odour;
k) details of a 24-hour contact person and telephone number for complaints;
l) name and contact details, including a 24 hour contact number, of a suitably qualified person employed to oversee dewatering activities.
44) Groundwater Contingency Management Plan required
Application for a construction certificate is to include a Groundwater Contingency Management Plan. This Plan must take into account the findings any approved Dewatering Management Plan and must be prepared by a suitably qualified Environmental / Soil Scientist and approved as part of the Construction Certificate application.
45) Unexpected Findings Protocol - Contamination & Remediation
An Unexpected Findings Protocol (UFP) shall be prepared and submitted to Council for approval prior to the issue of Construction Certificate. The UFP shall be prepared by a suitable qualified person experienced in matters relating to Contamination of Land and Remediation, to the satisfaction of Council’s Director of Planning, Development and Environment.
46) Garbage storage area to be provided
The application for a Construction Certificate is to include plans and specifications that indicate the proposed garbage store area. The proposed garbage store area is to be designed and constructed in accordance with the requirements of Chapter B8.3.3 of the Byron Shire Council Development Control Plan 2014. The enclosure must incorporate a concrete base with enclosure of suitable materials to provide adequate site and top screening and visual integration with the buildings and landscape treatment. Such plans and specifications must be approved as part of the Construction Certificate.
47) 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.
A template is provided on Council’s website to assist in providing this information www.byron.nsw.gov.au/files/publication/swmmp - pro-forma-.doc
48) Developer Contributions to be paid
The Plan may be viewed on line at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby. These contributions are to fund public amenities and services as listed in the schedule. Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended).
The contributions in the schedule are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule. Payments will only be accepted by cash or bank cheque.
49) Compliance with BASIX Certificate requirements
The development is to comply with BASIX Certificate No.690790M, dated 21 December 2015. The commitments indicated in the Certificate are to be indicated on the plans submitted for approval of the Construction Certificate.
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 an amendment under Section 96 of the Act, provided that the changes do not affect the form, shape or size of the building.
Proposed external colours/materials must be consistent with those shown on the approved plans referred to in Condition No.1 of this consent. Such plans and specifications must be approved as part of the Construction Certificate.
50) Detailed Tree Protection Plan
A detailed report by a qualified Arborist having a minimum demonstrated qualification of AQF Level 5 is to be submitted and approved by Council to assess and report on any and all measures necessary to ensure that native trees and the Littoral Rainforest Endangered Ecological Community within and adjacent the site nominated to be retained by notation or condition as a requirement of the development consent are able to be retained in a healthy and vigorous condition for their full natural life-span in accordance with Australian Standard AS4970-2009: Protection of Trees on Development Sites.
Such report must include a checklist of necessary protection measures for each stage of the development to protect substantiated Tree Protection Zones and/or Structural Root Zones prior to and during excavation, construction and occupation of the site, including the provision of porous paving within the driveway entry to the site to protect the mature Norfolk Pine within the heritage-listed part of the adjacent Shirley Street road reserve.
The following conditions are to be complied with prior to commencement of building works
51) Public Safety Management Plan
The approved public safety management plan is to be implemented.
52) Traffic Management Plan
The approved traffic management plan is to be implemented.
53) Public safety requirements
All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. The public liability insurance cover, for a minimum of $10 million, is to be maintained for the duration of the construction of the development. Council is not held responsible for any negligence caused by the undertaking of the works.
54) Dilapidation Reports required
Prior to the commencement of any excavation works requiring rock drilling, blasting or breaking, a pre-construction Dilapidation Report is to be submitted to Council detailing the current condition of all adjoining buildings, infrastructure and roads.
A second Dilapidation Report shall be submitted to Council, prior to occupation of the building (whole or partial), to ascertain if any structural damage has occurred to any adjoining building, infrastructure or roads.
55) Vibration Management Plan required
Prior to the commencement of any excavation works requiring rock drilling, blasting or breaking on the site, a Vibration Management Plan prepared by a suitably qualified person shall be submitted to Council or Principal Certifying Authority. The Plan shall address, but not be limited to, the following matters:
a) Identification of the specific activities that will be carried out;
b) Identification of all potentially affected sensitive receivers;
c) Determination of appropriate vibration objectives for each identified sensitive receiver;
d) Vibration monitoring, reporting and response procedures;
e) Assessment of potential vibration from the proposed construction activities;
f) Description of specific mitigation treatments, management methods and procedures that will be implemented to control vibration during construction;
g) Procedures for notifying residents of construction activities that are likely to affect their amenity through vibration, and
h) Contingency plans to be implemented in the event of non compliance and/or complaints.
56) Erosion and Sediment Control Management Plan required
Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.
Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control plan/s must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.
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).
Note: Council may impose on-the-spot fines for non-compliance with this condition.
57) Disconnection of existing water and sewer prior to demolition
Existing water and sewer services must located on site and be properly capped at the main by a licenced plumber. All water and sewer disconnections must be inspected by the Byron Shire Council inspectors prior to backfilling.
- If a property is demolished and no longer needs water supply and/or a sewerage service, a licensed plumber must disconnect the service at the main (also known as 'capping the service').. The plumber must also return the water meter to Council’s inspector at the time of inspection.
- If your development involves consolidating lots and you don’t need all the existing services, you must correctly disconnect them. This ensures that you aren’t billed for unused services and helps avoid future hidden leaks.
Your Plumber must obtain a Plumbing Permit at least two (2) working days prior to commencing work. Please forward an Application for a Plumbing Permit to your plumber to complete and to return to Council prior to commencement of disconnection works. Refer to http://www.byron.nsw.gov.au/files/Forms/Plumbing_Drainage_Permit.pdf.
58) 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) Pre-start and Sediment Control;
ii) Internal Drainage;
iii) External Drainage;
iv) Water Rough In;
v) Fire Services;
vi) Stackwork;
vii) Final - all work completed. - * Note below.
b) A licensee is required to provide to Council and owner of the property after completion of the work and within 48 hours, a Compliance Certificate and Sewer Services Diagram/ Works as Executed drawings.
Note: Council will send each plumber proformas of these documents when the Notice of Work permit has been issued by Council to allow the plumber to commence work.
59) Dewatering activities
Measures for dewatering activities must be in place as per the requirements of the approved Dewatering Management Plan, or as provided in writing by Council.
60) Notification of commencement of dewatering activities
Written notification must be made to Council’s Environmental Services Team prior to the commencement of dewatering activities. Notification must include details of contact details for responsible party and nomination of a 24 hour contact person and 24 hour telephone number.
61) Public safety requirements
All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. The public liability insurance cover, for a minimum of $10 million, is to be maintained for the duration of the construction of the development. Council is to be nominated as an interested party on the policy. Council is not held responsible for any negligence caused by the undertaking of the works.
62) Site construction sign required
A sign or signs are to be erected at the frontage to the site that includes:
- The name and address and contact number of the Principal Certifying Authority
- The name and address and contact number of the builder or prime contractor, and
- The words “No unauthorised entry to site”.
The sign is to be maintained until all works are completed. No sign is to have an area in excess of one (1) m2.
63) Erosion & sediment measures
Erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. A summary of these guidelines is attached. A full copy may be downloaded from Council’s web site at www.byron.nsw.gov.au.
The following conditions are to be complied with during construction
64) Protection of Native Trees
All trees nominated to be retained by notation or condition as a requirement of the development consent shall be maintained and protected during demolition, excavation and construction on the site in accordance with AS 4970-2009 – Protection of Trees on Development Sites. High visibility traffic barrier fencing must be placed at the edge of substantiated Tree Protection Zones.
65) Protection of Norfolk Pine and EEC from disturbance
(i) Site earthworks, excavation and/or clearing of native vegetation as part of any development consent from Council must not commence until the area proposed for retention of the Endangered Ecological Community and of individual native trees has been inspected by an Arborist having a minimum qualification of AQF Level 5 in accordance with the AS 4970-2009 - Protection of Trees on Development Sites to determine that protection measures as detailed within the approved Tree Protection Plan and sufficient to ensure longevity of retained trees are in place.
(ii) Approval to proceed with excavation in the vicinity of retained trees in accordance with this section is only valid for the day on which the inspection has been undertaken.
66) Stormwater drainage work
Stormwater shall be collected and disposed of in a controlled manner. The point of disposal shall be to kerb and gutter via a suitably manufactured kerb adaptor, interallotment drainage system. Drainage lines within the road reserve must be sewer class or other approved equivalent. All drainage works are to be installed by a suitably qualified person and in accordance with the requirements of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.
67) Dewatering activities
a) All controls and measures for dewatering activities must be maintained as per the requirements of the approved Dewatering Management Plan, or as provided in writing by Council.
b) The dewatering plant shall be silenced to ensure that neighbourhood amenity is protected. Noise from all site activities should not be heard in a habitable room in a neighbour’s residence between 8.00 pm and 7.00 am weekdays; and 8.00 pm to 8.00 am weekends and public holidays. All noise complaints from neighbours will be directed to a nominated contact number (24hr monitored) to be actioned and recorded on a log. Any complaints to Council about ‘offensive’ noise will be dealt with under the provisions of the Protection of the Environment Operations Act 1997.
c) At all times the water quality being discharged into the stormwater drain (included in the definition of ‘natural waters’) must comply with ANZECC / ARMCANZ guidelines as specified in the approved Dewatering Management Plan. No discharge is permitted if any of the water quality fails to achieve the required minimum receiving water standard.
d) No extracted water is permitted to be discharged into Council’s public sewer system. If the extracted water quality deteriorates and / or not comply with ANZECC / ARMCANZ guidelines specified in the approved Dewatering Management Plan, all discharges from the site must cease.
e) Copies of the above Plan must be kept on the property at all times and be made available to anyone who asks to see them.
f) 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.
68) 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.
69) Copies of Approved Plans
Copies of approved all approved plans must be keep in a prominent location on site where they can be easily accessed by construction and operational personnel.
70) Approved Environmental Plans must be implemented
All controls and measures must be maintained in accordance with the following approved plans:
· Environmental Management Plan
· Noise Management Plan
· Groundwater Contingency Management Plan
· Dewatering Management Plan
· Unexpected Findings Protocol - Contamination & Remediation
The applicant is required to ensure that the construction management and all construction staff must be made aware of their responsibility to abide by the plans.
71) Dewatering of Excavations
Dewatering of excavations must be conducted in accordance with the approved dewatering plan. 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.
72) WorkCover Authority
All works must be undertaken in accordance with the requirements of the WorkCover Authority.
73) Site Construction Signs
Site construction signs are to be maintained at the frontage to the site until all works are completed.
74) Demolition / Construction times
Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur:
a) Monday to Friday, from 7 am to 6 pm.
b) Saturday, from 8 am to 1 pm.
c) 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.
75) Demolition / Construction noise
Construction noise is to be limited as follows:
a) For construction periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A).
b) For construction periods greater than four (4) weeks and not exceeding twenty six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A).
76) 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.
77) Removal of asbestos
All asbestos wastes associated with removal of the existing dwelling to be disposed of in accordance with the requirements of the WorkCover Authority. The applicant/owner is to produce documentary evidence that this condition has been met.
78) Demolition, construction and building wastes
All wastes, including asbestos and lead-contaminated wastes, associated with these works are to be handled and disposed of in accordance with the requirements of the Work Cover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Wastes must be disposed of at a Licensed Waste Facility. All wastes removed from the site must be managed and disposed of in accordance with NSW DECC Waste Classification Guidelines (2014) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf
79) 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.
80) All excavated soils to be disposed of off-site
All excavated soils to be disposed of off-site and in accordance with NSW DECC Waste Classification Guidelines (2014) and approved environmental management plans.
81) Support for neighbouring buildings
If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:
a) must preserve and protect the adjoining building from damage;
b) if necessary, must underpin and support the building in an approved manner;
c) must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.
The owner of the adjoining allotment of land, public road or any other public place is not to be held liable for any part of the cost of work carried out, whether carried out on the allotment of land being excavated or on the public road, any other public place or the adjoining allotment of land.
82) 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
83) 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.
84) Stormwater drainage – Certification of works
Stormwater must be collected and disposed of in a controlled manner in accordance with the approval granted to an application under Section 68 of the Local Government Act 1993. Certificate/s of Compliance and Work-As-Executed (WAE) plans for the stormwater works must be submitted to the Principal Certifying Authority prior to the issue of an occupation certificate.
Note: The certificate/s and WAE plans are to be in accordance with Council’s Comprehensive Guidelines for Stormwater Management.
85) Sewer and water to be connected
A Certificate of Compliance under Section 307 of the Water Management Act 2000 is to be obtained from Byron Shire Council prior to the issue of an Occupation Certificate for works on water and/or sewer mains.
Application forms are available from Council’s administration building or online at http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf to be submitted for a Certificate of Compliance.
86) Land to be consolidated
All separate parcels of land are to be consolidated into one allotment and registered with the relevant NSW Land Titles Office.
87) Dewatering activities
The applicant must confirm in writing to the Principal Certifying Authority (PCA) that all works were carried out in accordance with the requirements of the approved Dewatering Management Plan, or as provided in writing by Council.
88) Mechanical plant noise attenuation
A suitably qualified acoustic consultant must certify that noise treatment measures have been constructed in order to achieve compliance with noise criterion recommended in report entitled Wollongbar Property PTY 17-21 Shirley Street Byron Bay Acoustic Assessment for Development’ prepared by GHD dated December 2015.
89) Certification required
The works engineer must certify to the Principal Certifying Authority that all works have been carried out in accordance with the approved Environmental Management Plans including:
· Environmental Management Plan
· Noise Management Plan
· Groundwater Contingency Management Plan
· Dewatering Management Plan
· Unexpected Findings Protocol - Contamination & Remediation
90) External lighting installation
To maintain safe access, adequate lighting must be provided between sunset and 12.00 PM. All external lighting must be installed in accordance with AS4282-1997: Control of the obtrusive effects of outdoor lighting.
91) Dilapidation Report
The submission of a certified report from suitably qualified and practising geotechnical and structural engineers, certifying what, if any, impacts/effects that the completed development has had on the neighbouring buildings and associated private and public infrastructure within the zone of influence of the construction site. The report is to also address what measures are to be implemented, and in what time frame, to rectify any such identified defects.
The engineers are to be Corporate Members of the Institution of Engineers Australia.
92) Unexpected Findings Protocol - Contamination & Remediation
The works engineer must certify to the Principal Certifying Authority that all works have been carried out in accordance with the approved Unexpected Findings Protocol (UFP).
The following conditions must be complied with prior to the issue of a strata subdivision certificate
93) Strata Subdivision Certificate application required
An application for a Strata Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application.
NOTE: The application must address ALL those conditions of consent required to be complied with “Prior to the issue of a subdivision Certificate” with a clear explanation how that condition has been complied with, together with supplying ALL the relevant information/documents/certificate and/or plans that is required by that condition.
The application MUST be one complete, concise package, addressing all those conditions. Failure to provide the abovementioned information in one package, will likely result in the application being refused/rejected and returned to you.
94) Plan of Strata Subdivision
The final plan of subdivision must be in accordance with the approved plan/s. A Deposited Plan Administration Sheet (original plus one (1) copy), two (2) copies of the plan of subdivision and any necessary section 88B instrument (original plus one (1) copy) are to be submitted with the application for a subdivision certificate. An additional copy of the final plan of subdivision is to be submitted showing the location of all buildings and/or other permanent improvements including any fences and internal access driveways/roads. Where the building/s or improvements are close to boundaries, offset distances are to be included on the additional copy of the plan. This plan must be endorsed by a Registered Surveyor. Any encroachments over new boundaries or on the road reserve must be removed or relocated wholly within the allotment.
95) Section 88B Instrument
A Section 88B Instrument and one (1) copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for:
a) Sewer Easements
The creation of easements for drainage of sewage over all sewage pipelines and structures located within the proposed allotments in accordance with Council’s policy.
b) Easement for Services
The creation of suitable easements for services where they are not created as common property.
96) Completion of All Building Works
All building works, required by this development consent and Construction Certificate, are to be completed. A final occupation certificate for such building works must be obtained prior to issue of
Strata Certificate.
97) Certificate for services within easements
The submission of a certificate from a registered surveyor certifying that all pipelines, structures, access driveways and/or services are located wholly within the relevant easements.
98) Water meter to be connected to dwelling lot
A water meter must be connected to all residential allotments in the strata subdivision using an approved backflow prevention device. It is the applicant’s responsibility to engage a licensed plumber who shall liaise with council during this process.Any new water service and meter will be at the applicants cost.
General Terms of Integrated Development Approval – NSW Rural Fire Service
This response is to be deemed a bush fire safety authority as required under section 100B of the 'Rural Fires Act 1997' and is issued subject to the following numbered conditions:
1. The development proposal is to comply with the layout identified on the drawing titled 'Site Plan' prepared by Hayball Pty Ltd, numbered Project No. 1992 (Dwg No. DA.03 - Rev. 2), dated 11 December 2015, except as modified by the following conditions.
Asset Protection Zones
The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:
2. At the commencement of the development and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.
Water and Utilities
The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:
3. Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.
4. Where the rear or most distant part of the building is greater than 70 metres from the nearest hydrant, a new hydrant is required to be installed as per Australian Standard AS 2419.1– 2005 'Fire Hydrant Installations'. Locations of fire hydrants are to be delineated by blue pavement markers offset 150mm from the centre of the road. The direction of offset shall indicate on which side of the road the hydrant is located.
Access
The intent of measures for internal roads is to provide safe operational access for emergency services personnel in suppressing a bush fire, while residents are accessing or egressing an area. To achieve this, the following conditions shall apply:
5. To aid in fire fighting activities, unobstructed pedestrian access to the northern portion of the property (between Building 1 and the northern boundary) shall be provided and is to be maintained at all times.
Design and Construction
The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:
6. Construction of Building 1 within 3-5 metres of the northern boundary (other than the roof) shall comply with Sections 3 and 9 (BAL FZ) of Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas'. However, any material, element of construction or system when tested to the method described in Australian Standard AS1530.8.2 'Methods for fire tests on building materials, components and structures Part 8.2: Tests on elements of construction for buildings exposed to simulated bushfire attack—Large flaming sources' shall comply with Clause 13.8 of that Standard except that flaming of the specimen is not permitted and there shall be no exposed timber.
Construction of the remainder of Building 1 (including the roof) shall comply with Sections 3 and 7 (BAL 29) of Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection', other than the southern elevation which shall comply with Sections 3 and 6 (BAL 19) of Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.
7. Construction of Building 2 shall comply with Sections 3 and 5 (BAL 12.5) of Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.
8. Roofing shall be gutterless or guttering and valleys are to be screened to prevent the build up of flammable material. Any materials used shall be non-combustible.
Landscaping
9. Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.
Reasons for conditions
· To comply with the provisions of Byron Local Environmental Plan 2014
· To preserve the environment and existing or likely future amenity of the neighbourhood.
· To protect the environment.
· To preserve the amenity of the area.
· To ensure adequacy of services to the development.
· In the interests public health and safety.
· To ensure compliance with Section 68 of the Local Government Act 1993.
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); 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.
Schedule of Development Contributions
The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The current contribution rates are available from Council offices during office hours. Payments will only be accepted by cash or bank cheque.
Water payments under the Water Management Act 2000
Charges will be calculated based on the additional water and sewerage load that the proposed development generates, shown in Equivalent Tenements (ET) by the following table:
ADDITIONAL WATER & SEWER LOAD OF
DEVELOPMENT
(ET Policy
No:13/005)
|
Water |
3.7 ET |
|
Bulk Water |
3.7 ET |
|
Sewer |
2.85 ET |
NB: Information regarding Development Servicing charges can be found on the Byron Shire Council website (http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64). These charges will enable you to calculate the total contribution charges payable when you are ready to pay them. Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment.
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.
Civil Works
The civil works shall be designed and constructed in accordance with Council’s Engineering Standard current at the time of submission of Engineering Plans for approval by Council. Approval of Engineering Plans will be current for a period of two years after which time Council may require the alteration to the Engineering Design to comply with standard current at that date.