Bathla Investments Pty Limited v Blacktown City Council

Land and Environment Court (NSW)|2008-12-09

The applicant's attention is drawn to the need to obtain Council's separate approval for any ancillary activity not approved by this consent, including: (a) the removal of any tree(s) not indicated on the approved plans and any tree(s) located greater than 3 metres from the building perimeter.

(b) any fencing located forward of the proposed building and exceeding the heights specified in the Table to Part 1 of Council's Local Approvals Policy.

regarding their requirements for the provision of services to the development and the location of existing services that may be affected by the proposed works, either on site or on the adjacent public road(s). All approved building construction plans attached to the Construction Certificate will need to be submitted to and stamped by a Sydney Water Corporation Limited Customer Centre or a Sydney Water Quick Check Agent as an indication the proposal complies with Sydney Water requirements. Sydney Water enquiries should be directed to a Quick Check Agent or telephone 132092. 6. Information regarding the location of underground services may be obtained from the Sydney "Dial Before You Dig" service, telephone number 1100, fax number (02) 9806-0777. Inquirers should provide the street/road name, side of street/road and the nearest cross street/road.

If it is the applicant's intention to engage Council to undertake the checking of Engineering design plans and the issue of the Engineering Construction Certificate, it will be necessary to submit the relevant engineering plans in order that a quote for services can be provided. A verbal quote will be provided within 48 hours based upon Council's Goods and Services Schedule. Written confirmation will be provided.
If it is the applicant's intention to engage Council to undertake Construction Inspections and the issue of the Engineering Compliance Certificate, it will be necessary to contact Council's Development Services Engineer for a quote. A verbal quote will be provided within 48 hours based upon Council's Goods and Services Schedule. Written confirmation will be provided.

The payment of the following fee to Council's Maintenance Section pursuant to Section 608 and 609 of the Local Government Act 1003. The fee is subject to periodic review and may vary at actual time of payment. (a) Vehicular Crossing Application and Inspection Fee: $ 190.00 Other Necessary Approvals

A separate application or details (as necessary) shall be submitted for the separate approval of Council, under the provisions of the Local Government Act 1993 or Roads Act 1993, for any of the following: (a) The installation of a vehicular footway crossing servicing the development, as required by this consent.

(b) Works on or occupation of existing public roads that are not covered by a Roads Act Approval which may require a Road opening, Road Occupancy or Work Zone Permit.

No form of subdivision is approved by this development consent. A separate Development Application is to be submitted for any strata subdivision of the development when the development is completed. PRE-CONSTRUCTION CERTIFICATE MATTERS (PLANNING)

The following conditions in this section of the consent must be complied with or addressed prior to the issue of any Construction Certificate relating to the approved development, whether by Council or an appropriately accredited certifier. In many cases the conditions require certain details to be included with or incorporated in the detailed plans and specifications which accompany the Construction Certificate.

The following monetary contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 must be paid. The amounts below are BASE contributions which WILL BE INDEXED from the nominated base date to the time of payment. Payment of the indexed amounts must be made (BY BANK CHEQUE IF IMMEDIATE CLEARANCE IS REQUIRED. NOTE: Council does not accept the payment of S.95 Contributions by credit card or EFTPOS) prior to the issue of a Construction Certificate (for building works) either by Council or any accredited certifier, whichever occurs first. Contribution Item Base Amount Relevant C.P Base Date

(i) Open Space $27,350 C.P No.3 1.3.05 (ii) Local Roads $23,376 C.P No.4 1.9.04 (iii) Trunk Drainage $19,370 C.P No.4 1.9.04 (iv) Tree Planting $366 C.P No.10 1.3.05 - The contributions will be indexed according to the Australian Bureau of Statistics' Implicit Price Deflator for Gross Fixed Capital Expenditure (Private Dwellings) and the Consumer Price Index (Sydney Dwellings). - Copies of the following relevant Contributions Plans may be inspected/purchased from Council's Development Services Unit: S.94 CP No.3 - Open Space in Established Residential Areas S.94 CP No.10 - Tree Planting on nature Strips S.94 CP No.4 - Mt Druitt Development Area - The Section 94 Contributions have been based on the site's road frontage and the potential additional population nominated below. Should amendments change the additional population, the Section 94 Contributions will be adjusted accordingly. Additional Population: 26.4 persons Road Frontage: 30.48 metres

Prior to the issue of a Construction Certificate, whether by Council or by an appropriately accredited certifier, the following fee and bond are to be paid to Council. The fee and bond are subject to periodic review and may vary at the actual time of payment. Road Inspection Fee: $ 129.00 Road Maintenance Bond: $ 2,481.00 Administration Fee: $ 68.00

The Road Maintenance Bond is a bond which is taken to cover the cost of any damage to Council's assets (e.g. drainage systems, footpaths, kerb and guttering etc) arising from private development work. The bond will be refunded (less administration costs) should no damage be caused to Council's assets adjacent to the development site as a result of the construction works. The Road Inspection Fee covers the cost of an inspection of the road and footpath adjacent to the site at the commencement and at the completion of work.

Note: The above fees are valid only to the end of the financial year after which a new figure will apply. Consistency with Approved Development Plans

Any Construction Certificate that may be issued in association with this development consent must ensure that any certified plans and designs comply (in terms of site layout, site levels, building location, size, external configuration and appearance) with the approved Development Application plans. Other Matters

Council is particularly concerned about the appearance of the development. Accordingly the following additional information is required to be submitted for its separate approval: (a) The submitted landscape plan is to incorporate the following: (i) a permanently installed hardwood vertical slat table with 2 matching bench seats supported on galvanised steel legs under the gazebo/pergola.

(ii) include pre-painted open metal (pool type) fencing around the Common Open Space area with a minimum height of 1.2 metres and self closing latch top child proof access.

(iii) include bollard type lighting in the driveway and common open space area.

(iv) include at least 2 pieces of heavy duty children's play equipment installed in accordance with Australian Standards and proof that both the child play equipment and its manner of installation (including the soft fall area) comply with the Australian Standards from a person qualified in the supply and installation of such equipment is to be provided prior to the release of the Occupation Certificate).

(b) Proposed location of any retaining walls to be constructed onsite as part of the development. Please note that Council requires the construction of masonry retaining walls (i.e.: no timber or Koppers log) where such walls are proposed to be located within the future front setback area or where such walls have a height in excess of 900mm. Landscaping/Appearances

The reflectivity index of glass used in the external facade of the building is not to exceed 20 percent.
Any bathroom, w.c. or laundry window in the external walls of all townhouses (including all ensuite and bathroom windows of Unit 8) shall be fitted with translucent glazing.

The internal driveway and parking areas are to be designed in accordance with Australian Standard AS2890.1. The 4 visitor spaces are to be provided with concrete wheel stops to prevent damage to the boundary fence from vehicles.

16 resident and 4 visitor car parking spaces are to be provided on site, with each space designated in accordance with Australian Standard 2890.1 as follows: (i) Covered Double Garage: 5.5m x 5.5m (ii) Covered Single Garage: 3m x 5.5m (iii) Uncovered Car space: 2.5m x 5.4m

The 4 visitor spaces are to be those shown located between Unit 8 and the Common Open Space Area. Service and Service Authorities' Clearances

The following documentary evidence is to be obtained prior to the issue of any Construction Certificate: (a) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Applications must be made through an authorised Sydney Water Servicing Coordinator.

A copy of Sydney Water's Notice of Requirements must be submitted to the Principal Certifying Authority prior to the occupation of the development/release of the plan of subdivision, whichever occurs first.

(b) A "Notification of Arrangement" Certificate from Integral Energy, stating that electrical services have been made to the development.

(c) A written clearance from Telstra or any other recognised communication carrier, stating that services have been made available to the development or that arrangements have been made for the provision of services to the development. Other Matters

The applicant is to submit amended plans showing that the width of the driveway shall be 6m wide for the section of driveway between the front property boundary and the front building setback with the Construction Certificate plans.

A report to be obtained from a consultant accredited by the NSW Department of Environment and Conservation to establish what (if any) fill has occurred on the site. A copy of this Report is to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate for the development. Any fill on the site is to be removed and the site returned to its natural ground level. A new survey plan is to be submitted with the Construction Certificate to verify that the site has been returned to its natural levels and any necessary amendments to the finished floor levels.
Deleted. PRE-CONSTRUCTION CERTIFICATE MATTERS (BUILDING) Preamble

The following conditions in this section of the consent must be complied with or addressed prior to the issue of any Construction Certificate relating to the approved development, whether by Council or an appropriately accredited certifier. In many cases the conditions require certain details to be included with or incorporated in the detailed plans and specifications which accompany the Construction Certificate.

All aspects of the building design shall comply with the applicable performance requirements of the Building Code of Australia so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by: (a) Complying with the deemed to satisfy provisions, or

(b) Formulating an alternative solution which: (i) complies with the performance requirements, or (ii) is shown to be at least equivalent to the deemed to satisfy provision, or

Retaining walls or other approved methods necessary to prevent the movement of excavated or filled ground, together with associated stormwater drainage measures, shall be designed by an appropriately qualified person. Details are to be included with the plans and specifications to accompany any Construction Certificate.

Stormwater drainage from the site shall be designed to satisfactorily drain rainfall intensities of 159mm per hour over an average recurrence interval of 20 years. The design shall: (a) be in accordance with Australian Standard 3500.3.

(b) provide for drainage discharge to an existing Council drainage system.

(c) ensure that the development, either during construction or beyond completion, does not impede or divert natural surface water runoff so as to cause a nuisance to adjoining properties.

It must be noted that the abovementioned rainfall intensity and average recurrence interval are increased to 208mm per hour and 100 years respectively, whenever On-Site Stormwater Detention is imposed as an engineering requirement of this consent. 30. Soil erosion and sedimentation control measures shall be designed in accordance with Council's Soil Erosion and Sedimentation Control Policy. Details are to be included with the plans and specifications to accompany any Construction Certificate.

The following conditions in this section of the consent must be complied with or addressed prior to the issue of any Construction Certificate relating to the approved development, whether by Council or by an appropriately accredited certifier. In many cases the conditions require certain details to be included with or incorporated in the detailed plans and specifications which accompany the Construction Certificate.

Any Construction Certificate issued in relation to this consent shall incorporate and address the design of those works required by this consent which do not require separate Roads Act or Local Government Act approval, and any ancillary works necessary to make the construction effective.

Where this consent requires both engineering and building works to be undertaken, a separate Construction Certificate shall be issued for each category of works, i.e. a separate Engineering Construction Certificate (for any road works requiring dedication of such works as public road or creation as a private road, on-site stormwater detention, inter-allotment drainage etc) and a separate Building Construction Certificate (for all works relating to the erection and fit out of a structure). This excludes all works on existing public roads significant enough to warrant separate engineering approval pursuant to the Roads Act 1993. In relation to this consent an Engineering Construction Certificate and/or engineering approval pursuant to the Roads Act 1993 must be issued for the drainage works in Meacher Street prior to the issue of a Building Construction Certificate. Council does not permit the private certification of works on existing public roads or reserves, or any land under the care and control of Council. In this regard, Council will not accept a Construction Certificate or Compliance Certificate from a Private Certifier for any works in Meacher Street.

All engineering works required by this consent must be designed and undertaken in accordance with the relevant aspects of the following documents, except as otherwise authorised by this consent: (a) Blacktown City Council's Works Specification - Civil (Current Version)

(b) Blacktown City Council's Engineering Guide for Development (Current Version)

(d) Blacktown City Council Soil Erosion and Sedimentation Control Policy

NOTE: Any variation from these design requirements must be separately approved by Council.

Soil erosion and sedimentation control measures for road drainage/OSD works shall be designed in accordance with Council's Soil Erosion and Sediment Control Policy. Details are to be included with the plans and specifications to accompany any Construction Certificate. Drainage

Where the internal driveway cannot be drained to an internal pit a grated drain shall be provided at the property boundary.

A Traffic Control Plan shall be included as part of the Engineering Construction Certificate for road and drainage works to be carried out within public road reserves in strict compliance with the requirements of current Australian Standard 1742.3 (Traffic Control Devices for Works on Roads) and current RTA Traffic Control at Work Site manual. Any persons preparing such traffic control layout plans shall have the relevant RTA accreditation.

No work shall be undertaken within adjoining public lands without the prior written consent of Council. The applicant is to liaise with Council prior to commencing design works, and Council's approval of design plans and consent in writing for the work on public land shall be obtained prior to issue of the Construction Certificate. All restoration work shall be undertaken by Council at the applicant's expense unless otherwise approved in writing. PRIOR TO CONSTRUCTION WORK COMMENCING

Toilet Facilities 39. Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of 1 toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided:

(b) must be connected: (i) to a public sewer, or (ii) if a connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council, or (iii) if connection to a public sewer or an accredited sewer management facility is not practicable, to some other sewage management facility approved by the Council. The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced.

Signs on Building and Demolition Sites 40. A sign must be erected in a prominent position on any work site on which the erection or demolition of a building is being carried out: (a) stating that unauthorised entry to the work 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.

(a) building work carried on inside an existing building; or

(b) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.

If the work involved in the erection or demolition of a building: (a) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or

A hoarding or protective barrier must be erected between the work site and the public place. Such hoarding or barrier must be designed and erected in accordance with Council's Local Approvals Policy.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

Soil Erosion and Sedimentation Control 42. All measures specified in the Construction Certificate to control soil erosion and sedimentation are to be installed prior to the commencement of construction works. Infringement Notices, incurring a monetary penalty, may be issued by Council where measures are not provided or maintained.

A single vehicle/plant access to the development site shall be provided to minimise ground disturbance and transport of soil onto any public place. Such access shall be provided in accordance with the requirements of Appendix F of Council's Soil Erosion and Sediment Control Policy. As a minimum, single sized 40mm or larger aggregate placed 150mm deep and extending from the street, kerb/road shoulder to the site is to be provided. Notice of Work Commencement
At least 2 days written notice must be given of the commencement of engineering works. Such notice must be accompanied by evidence of the contractors Public Liability and Workers Compensation Insurances. Notification to Council
Notices of Appointment of Principal Certifying Authority and Commencement of Building Work must be submitted to Council at least 2 days prior to work commencing on site. The Notices must be in accordance with the provisions of the Environmental Planning and Assessment regulation 2000. DURING CONSTRUCTION (PLANNING AND BUILDING) Compliance with Building Code of Australia

All building work must be carried out in accordance with the provisions of the Building Code of Australia. Excavations and Backfilling
All excavations and backfilling associated with the erection of demolition of a building must be executed safely and in accordance with appropriate professional standards. Such work is to be guarded and protected to prevent it from being dangerous to life or property. Surveys
The buildings shall be set out by a registered surveyor to verify the correct position of each structure in relation to the property boundaries. Noise Control
Any noise generated during the construction of the proposed development shall not exceed the limits specified in the Protection of the Environment Operations Act 1997.
The hours of work for any noise generating construction of the proposed development are to be limited to between 7am and 6pm, Mondays to Fridays inclusive, 7am to 1pm Saturdays or if audible on residential premises 8am to 1pm, with no construction activities to be undertaken on Sundays or public holidays. Construction Inspections
Any additional Council inspection, beyond the scope of any Compliance Certificate package and needed to verify the compliance of any work will be charged at the individual inspection rate nominated in Council's Fees and Charges Schedule. Maintenance of Soil Erosion Measures
All required soil erosion and sediment control measures are to be maintained during the entire construction period until disturbed areas are restored by turfing, paving or revegetation. Infringement Notices, incurring a monetary penalty may be issued by Council where the maintenance of measures is inadequate.

Surface Drainage 53. To prevent surface water from entering the building: (a) the floor level shall be a minimum of 225mm above finished ground level;

(b) seepage and surface waters shall be collected and diverted clear of the building site by a subsurface/surface drainage system.

Note: Care is to be taken to ensure that no runoff is diverted to adjoining properties. Building Materials and Wastes 54. Building and construction materials, plant, equipment and the like are not to be placed or stored at any time on Council's footway or roadway.

Suitable and effective builder's refuse and waste storage facilities are to be provided on the development for the duration of construction works.

Car Parking and Access 56. All required internal driveways and car parking spaces are to be line-marked, appropriately signposted to indicate their intended usage, sealed with a hard standing, all weather material and maintained to a satisfactory usable standard.

All internal driveways and other paved areas are to be graded to provide continuous surface drainage flow paths to approved points of discharge.

Off street car parking is to be encouraged by the placement of prominent signs indicating its availability.

Access to and parking for persons with disabilities is to be provided in accordance with Australian Standard 2890.1. Tree Protection and Landscaping
Barriers, tree guards and other measures employed to protect existing trees on site are to be effectively maintained for the duration of construction works.

All landscaping and common open space embellishment is to be undertaken in accordance with approved plans/details. All turfed areas are to finish level with adjoining surfaces and shall fall evenly to approved points of drainage discharge.

The visitor car parking spaces and all internal driveways are to be constructed of brisk paving or other materials having a similar aesthetic effect (e.g. stamped concrete) and are to be linemarked and appropriately signposted to indicate their intended usage.

All common open space areas and internal driveways are to be appropriately illuminated by the use of bollard lighting or the like to provide for the safety of residential at night. Ancillary Works
Each dwelling unit is to be provided with an open air clothes drying facility within its associated private courtyard or a mechanical facility within the unit.

The development is to be provided with fencing and screen walls at full cost to the developer as follows: (a) Where a screen wall faces the road, pedestrian walkway, reserve or public place, that wall shall be constructed of the same brick as that used in the external wall of the building;

(b) Rear and side boundaries (behind the building line) and private rear courtyards are to be provided with walls/fences 1.8m high and constructed of timber (lapped and capped), colorbond or brick.

(c) The full length of the eastern and northern boundaries shall have a 300mm high lattice capping on top of the 1.8m high fence to provide extra privacy for the adjoining properties. This shall be metal lattice finished in a colour to match the fence to give a total fence height of 2.1m high.

(d) The child play common open space area is to be fenced with pre-painted 1.2m high pool type fence with self closing child safety latch gates at each end of the COS area. 66. Mail boxes are to be provided on site in accordance with the requirements of Australia Post. Other Matters 67. Deleted.

DURING CONSTRUCTION (ENGINEERING) Ancillary Works

Ancillary works shall be undertaken at no cost to Council to make the engineering works required by this consent effective. Such works shall include, but are not limited to, the following: (a) the relocation of underground services where required by the positioning of new drainage and road infrastructure;

(b) the relocation of above ground power and telephone services;

(c) the matching of new infrastructure into existing or future designed infrastructure. 70. All required soil erosion and sediment control measures are to be maintained during the entire construction period until disturbed areas are restored by turfing, paving or revegetation. Infringement Notices, incurring a monetary penalty may be issued by Council where the maintenance of measures is inadequate.

Compliance Certificates are to be issued for works covered by the Engineering Construction Certificate at the completion of the following categories - (A) Soil Erosion and Sedimentation Control (a) Implementation of erosion and sedimentation control (b) Revegetation of disturbed areas (c) Internal sediment/pollution control devices (d) Final Inspection

(B) Construction of Drainage Works (a) Pipes before backfilling, including trench excavation and bedding (b) Sand backfilling (c) Final pipe inspection (d) Pit bases (e) Pit walls (f) Concrete pit tops (g) Connection to existing system (h) Final Inspection

(D) Traffic Control (a) Implementation of traffic control (b) Maintenance of traffic control during works

(E) Final Inspections (a) Preliminary overall final inspection (b) Overall final inspection

ALTERNATIVELY one overall Compliance Certificate may be issued to cover all of the abovementioned works.

PUBLIC SAFETY: The applicant is advised that all works undertaken in a public place are to be maintained in a safe condition at all times. Council may, at any time and without prior notification make safe any such works Council considers to be unsafe, and recover all reasonable costs incurred from the applicant.

Roads adjoining the site must be kept clean and free of all materials of any description, type or class whether excavated from, being transported to or being stored at the subject development. Note: The definition of a road includes all that land defined within the appropriate registered plan including the footway and road carriageway areas.

Required Design Specification 74. All engineering works required by this consent must be designed and undertaken in accordance with the relevant aspects of the following documents, except as otherwise authorised by this consent:

(a) Blacktown City Council's Works Specification - Civil (Current Version)

(b) Blacktown City Council's Engineering Guide for Development (Current Version)

(d) Blacktown City Council Soil Erosion and Sedimentation Control Policy PRIOR TO ISSUE OF OCCUPATION CERTIFICATE

Road Damage 75. The cost of repairing any damage caused to Council's assets in the vicinity of the subject site as a result of construction works associated with the approved development is to be met in full by the applicant/developer prior to the issue of an Occupation Certificate. Note: Should the cost of damage repair work not exceed the road maintenance bond Council will automatically call up the bond to recover its costs. Should the repair costs exceed the bond amount a separate invoice will be issued.

Any hoarding or similar barrier erected to protect a public place is to be removed from the site prior to the use or occupation of the development.

Any temporary toilet facilities provided during construction works are to be appropriately dismantled, disconnected and removed from the site.

All temporary soil erosion controls employed during construction are to be removed and other permanent measures in accordance with Council's Soil Erosion Control Policy are to be implemented prior to the use or occupation of the development.

Any temporary site access provided for the purpose of construction works is to be removed and the kerb and gutter and/or previous roadworks reinstated in a manner satisfactory to Council. Should the reinstatement involve the provision of a new vehicular crossing, layback, kerb and gutter or road shoulder works the separate approval of Council's Maintenance Section is to be obtained (and appropriate fees paid) prior to such works commencing.

All temporary builders' signs or other site information signs are to be removed upon the completion of site works. Additional Inspections
Any additional Council inspection beyond the scope of any inspection package and needed to verify full compliance with the terms of this consent, will be charged at the individual inspection rate nominated in Council's Fees and Charges Schedule. Payment of Fees
All fees payable to Council as part of any Construction or Occupation Certificate or inspection associated with the development (including the registration of privately issued certificates) are to be paid in full. Surveys/Certificates
A certificate from a Chartered Professional Engineer/Registered Surveyor must be obtained verifying that the drainage system as constructed will function hydraulically in accordance with the approved design plans. Works-As-Executed Plans
A work-as-executed plan (to a standard suitable for microfilming) under the hand of a Chartered Professional Engineer or a Registered Surveyor must be lodged with Blacktown City Council when the engineering works are complete. All Engineering Works As Executed plans MUST be prepared on a copy of the original stamped Construction Certificate or approved Engineering Plans. Other Matters
All landscaping, fencing, signage, parking are to be completed to Council's satisfaction. OPERATIONAL MATTERS (PLANNING)

Car Parking and Access 86. All required off-street car parking spaces and internal driveways shall be maintained in a satisfactory useable manner.

General 87. Spillage of light, if any, shall be controlled so as not to cause nuisance to the amenity of adjoining land.

Emission of sound from the premises shall be controlled at all times so as to not unreasonably impact upon nearby owners/occupiers.

All landscaped areas are to be maintained at all times in a suitable manner.

Roadworks 91. Redundant gutter and/or footway crossing(s) must be replaced with integral kerb and gutter. The footway area must be restored by turfing. Drainage Works 92. Overland flows up to the 1% AEP (100 year Average Recurrence Interval) event must be intercepted at the boundary of the site and conveyed through the site in a satisfactory manner. Vehicular Crossings 93. Construction of Council's standard commercial and industrial vehicular footway crossing with the following nominated width at the property boundary in accordance with Council plan A(BS)103. Nominated width: 6 metres 94. The construction of 2 of Council's standard residential footway and layback crossings to services dwellings No. 1 and 2 with a maximum width of 2.5m each at the street alignment in accordance with Councils Plan No. A(B5)102. Footpaths 95. The footway area being fully turfed in an appropriate manner so as to be free draining to the street and of neat appearance.

Soil Erosion and Sedimentation Control 96. Soil erosion and sediment control measures shall be implemented in accordance with Council's Soil Erosion and Sediment Control Policy.

Drainage Works 97. Where internal driveways cannot be drained to an internal pit a grated drain shall be provided at the property boundary.

Drainage from the site must be connected into the existing kerb inlet pit in Meacher Street. NOTE: Inspection of the connection to Council's system must be made by Council's Engineering Development Supervisor who can be contacted by phoning 9839 6587 between 7:00am and 8:00am or 12:30pm and 1:30pm. A site inspection required prior to commencement of work. Twenty-four (24) hours notice must be given. Drainage
Any drainage currently entering the site is to be collected and conveyed in an approved manner to the nearest appropriate point of discharge. Finished Levels and Working Levels
Finished levels of all internal works at the road boundary of the property must be 4% above the top of kerb.

J S Murrell Commissioner of the Court ljr

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

CITATION : Bathla Investments Pty Limited v Blacktown City Council [2008] NSWLEC 1506

Thomas v Pittwater Council (2003) NSWLEC 19 Vasic v Penrith City Council CASES CITED: Motor Projects No 2 v North Sydney Council North Sydney v Michael Stanley (1998) 43 NSWLR 468 Eaglecorp Property Consultants Pty Limited v Wollongong City Council [2008] NSWLEC 1377 Tyagrah Holdings Pty Limited v Byron Bay Shire Council (2008) NSWLEC 1420

At a glance

Court

Decision date

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Judgment (111 paragraphs)

Parties

Cases Cited (3)

Cited By (1)