Billgergia Pty Ltd v Willoughby City Council

Billgergia Pty Ltd v Willoughby City Council - [2000] NSWLEC 94 - NSWLEC 2000 case summary — Zoe

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Dwg No LHA-WD-12 · Angophora costata (AC), Eucalyptus haemastoma (THE) and Eucalyptus citriodora (EC) and Eucalyptus maculata (EM) plantings located between approximately 2 to 3.5 metres from buildings [balconies] on northern side of building 16. The middle Angophora is within 0.5 of a metre from a brick wall. · Magnolia grandiflora (MG) plantings are located mass-planted in small courtyards and under balconies located on the north side of building 16. These are large trees. Dwg. No. LHA-WD-11 · Acmena smithii (medium to large trees) are double planted within small courtyard areas located to the north of building 15A. Dwg No LHA-WD-7 · The street trees to the north of building 14B (GSH-Gleditsia "Shademaster") are planted over or very near the plenum around this building. · The Elaeocarpus reticulatus (ER) and Acmena smithii (AS) to be planted above the cut to the east of building 14B will not achieve their potential as their cultural requirements (protected location, moist heavier soils and semi-shaded when young) will not be met. · There is doubt of the establishment into excavated sandstone, particularly on steeper sections, of the balance of the Elaeocarpus reticulatus (ER) and Acmena smithii (AS) to be planted to the east and south of building 14B. 4. This landscaping plan is to be submitted by a suitably qualified landscaping or horticultural consultant who shall include the following information: - ii. Details of all proposed surface treatments and method of mulching and weed control; iii. Full details of finishes proposed in respect of all retaining walls and other hard surfaces within the landscape area, it being noted that a high quality low maintenance finish of attractive appearance is required (e.g. stone or brickwork). iv. Details of any fittings or structures proposed to be installed within the landscaped area, including fences, screen walls, children's playground equipment, seating, lighting, letterboxes, etc. it being noted that such should be designed as an integral part of the landscape scheme; v. Details of sub-soil preparation, drainage and soil depths in all areas where landscaping is to be established over the concrete roof slab or subterranean parking basements (in this regard, a minimum soil depth of 300mm is required in such circumstances where grass only is proposed). vi. Details of the location of the proposed service lines, including the extent of the proposed trenching and associated works. 5. A design for a pedestrian link path through the site to the Epping Road underpass, together with a timetable for construction of that path, shall be submitted to Council for their approval. Such design to make provision, if necessary, for the location of the detention basins B&C, while they are in place. The link must be designed as both a meandering ramp for easy access, and as steps and path. Lighting is to be provided along the pathway and included in the design. The design and timetable shall be submitted to Council within 28 days of the date of this consent and timetable 6. A design for an energy dissipator and scour protection for the discharge of stormwater from the stage 3 site into Council's reserve from Pit A1-4 is to be submitted and written approval obtained from Council. Such design is to include channel lining for 50 metres from the headwall A1-5.

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(a) Hours of work on the site shall be restricted to: Monday - Friday 7.00am to 6.00pm Saturday 7.00am to 4.30pm Sunday and Public Holidays 8.00am to 2.00pm with the Council retaining the right to serve notice to vary these working hours in response to any complaints received, and either amend the hours or revert to Council's Standard Prescribed Hours if deemed necessary or desirable. (b) THAT the use of hydraulic rock hammers, vehicles or items of machinery producing noise levels of more than 20dB(A) above background levels at any residential boundary be restricted to within the hours of 8.30am to 5.00pm, Monday to Friday. (c) THAT the allowable construction noise limits are to be graduated in a time scale in accordance with the acoustic consultant's recommendations and the Environmental Protection Authority guidelines as under: (i) Must not exceed 20dB(A) above the background at any residential boundary for a period of 4 weeks (other than on Sundays); (ii) Must not exceed 10dB(A) above background at any residential boundary for a period of 22 weeks (other than on Sundays); (iii) Must not exceed 5dB(A) above the background at any residential boundary on Saturdays from 1.00pm to 4.30pm; (iv) Must not exceed 10dB(A) above the background at any residential boundary for the remaining construction period (other than Sundays); and (v) Must not be audible at any residential boundary on Sundays. (d) THAT the applicant is required to engage a suitably qualified acoustic engineer to obtain and provide the Council with documentary evidence, every two months, of time, date, position and noise levels, demonstrating compliance during the past two month period within the limits specified in (b) and (c) above. Details of the proposed monitoring are to be submitted to the Council for approval. (e) THAT the construction noise limits set out in (b) and (c) above be maintained over the whole of the project construction period (which includes works carried out pursuant to this consent and works carried out pursuant to development consent 1997/0847), and do not relate to each separate stage of the project. (f) THAT no trucks, heavy vehicles, or machinery shall enter, exist, or be operated within the site on Sunday or Public Holidays or outside the hours specified for Monday to Saturday, above, provided that, if the south eastern access road is constructed, trucks and heavy vehicles may enter the site using that road from 6.30am Monday to Saturday. (g) THAT the applicant is to develop a noise management plan for the approval of the Director of Planning. The noise management plan is to identify: (i) The development, construction and time frame of the whole project; (ii) The predicted noise emission levels as a result of the staged development of the project; (iii) Where the noise levels predicted are in excess of the criteria in (c) above what alternative measures are to be provided to achieve compliance; (iv) Noise monitoring procedures; (v) Complaint handling procedures; (vi) Additional noise mitigation measures; (vii) Reporting requirements; (viii) An indicative excavation and construction schedule and prediction of the noise emissions during each stage of the work; and (ix) Any other item which has a bearing on demonstrating and achieving compliance with the conditions of consent. The approved noise management plan is to be complied with. Until that noise management plan is approved by Council, , work can only be undertaken between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and 7.00am to 12.00 noon on Saturday, with no work to take place on Sunday or Public Holidays.
This consent IS NOT an approval to carry out any building works (with the exception of demolition work). A Construction Certificate is required PRIOR TO ANY BUILDING WORKS BEING COMMENCED . The applicant must not carry out any excavation works unless and until plans for those works have been submitted to and approved by the Council. The plans submitted for approval must include a bulk excavation plan and a works-as-executed plan showing all excavation works that have already been carried out. (Reason: Ensure compliance and Statutory requirement) CONSENT PLANS AND DETAILS

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The applicant is to construct a pedestrian link to Epping road underpass in accordance with the plans and timetable submitted pursuant to deferred commencement condition 7 above. The applicant is required to create a right of way through the site for public pedestrian access over the pathway from Mowbray Road to Epping Road. at no cost to Council. All adjustments to public utilities mains and services as a consequence of the development and associated construction works are to be at full cost to the applicant.
For all on-site detention (OSD) systems, including roof guttering and downpipe systems, a Positive Covenant and Restriction on Use of Land shall be required to be placed on the Certificate of Title in favour of Council created under Section 88B of the Conveyancing Act 1919 for newly created lots or by application to the Land Titles Office using FORM 97-11(R) for existing Titles under S588E of the Conveyancing Act prior to the release of the Linen Plan. The purpose of this is to ensure that the registered proprietor has care, control and maintenance obligations of the OSD system including the guttering and downpipe systems. A copy of Council's draft terms for the above is available on request. (Reason: Legal requirement)
A plaque measuring no less than 400 mm x 200 mm shall be in some way permanently attached and prominently displayed within the immediate vicinity of the OSD device. This plaque shall advise occupiers of the property of the existence of the OSD device and also that the device is not in any way to be tampered with or changed without prior written consent of Willoughby City Council. (Reason: Legal requirement)
The constructed OSD installation must be appropriately certified by a suitably qualified and experienced consulting engineer (generally CP Eng. qualification) who must state that it complies with Council's OSD policy, all relevant codes and standards and also that it is generally in accordance with the approved plans. Upon completion of the OSD works, work-as-executed (WAE) plans shall be submitted by the consulting engineer/registered surveyor to verify that the volume of storage has been attained and that critical water and floor levels are in accordance with design requirements. Any changes or variations to the approved plans shall be highlighted in red . Certification on the standard form for On-Site Detention Record of Installation issued by Willoughby City Council and WAE plans shall be submitted together with the Compliance Certificate. (Reason: Public record)
All Erosion control measures required shall be maintained in accordance with the approved ESCP and Stormwater Management Plan during the course of the construction works. A revised ESP and Stormwater Management Plan is to be submitted to Council for approval at least two weeks prior to any proposed alteration to the approved ESCP. The applicant is to give 24 hours written notice to Council prior to discharge of 'Final Filtered Water' into RTA and Council stormwater systems. The applicant is to submit monthly written reports from a suitably qualified person stating that all requirements of the approved ESCP have been met and maintained. The reports are to be submitted on the first day of each month until Council issues the Certificate of Occupation for Stage 3. (Reason: Legal requirement, Sediment and Erosion Control)
Application is to be made to Council's Technical Services Division for the following approvals and permits as appropriate: (a) Permit to stand mobile cranes pumps and/or other major plant on public roads. Applications are to include current fees and security deposits and are to be received at least 7 days before the proposed usage. It should be noted that the issue of such permits also involves approval from the Police Department and the R.T.A. of NSW and could involve separate Council approval to work outside normal hours. (b) The Applicant is to be responsible for the protection of all No Standing/Parking signs in the street. Any signs removed are to be replaced at full cost to the developer during the extent of the development. (c) Permit to open a public road, including footpaths, for any purpose whatsoever. Application to include current fees.
Compliance Certificates shall be issued by Accredited Certifiers certifying that all works where required by Council including construction of footpath, vehicular crossings, internal driveways, kerb and gutter, road works, drainage and OSD systems etc. have been carried out in accordance with Council policies and specifications upon completion of the works and prior to the issue of the Occupation Certificate . (Reason: Protection of public asset)
The applicant shall lodge a Security Deposit in the sum of $30,000 prior to the issue of the Development Consent against possible damage to Council's property during the course of the building works. (Reason: Protection of public asset)
OCCUPATION AND SUBDIVISION BY STAGES It is intended that this consent will operate so as to permit progressive occupancy of each building and/or stage of the project as they are completed such that the community title plan of subdivision for individual buildings or stages shall be released (in a form registerable at the Land Titles Office) concurrent with Council's certificate for occupancy.

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