BSDI Pty Ltd v Manly Council

Land and Environment Court (NSW)|2009-03-20

The application be approved for deferred commencement pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, and shall not operate until the applicant has submitted the following:-

A Notice of Completion of remediation works must be issued in accordance with clauses 17(2) and 18 of the State Environmental Planning Policy No. 55 - Remediation of Land.

Evidence of Item A is to be submitted within a period of 12 (twelve) months pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979. The consent will then operate for a period of five (5) years.

Development Application conditions of consent upon compliance with the above matter:

Pursuant to the Building Code of Australia, the building is a Class 9b building.

1 This approval relates to the following drawing/plan nos. and accompanying documents, subject to the conditions of this consent: o A001; A002; A003; A020; A021; SD001; SA001 Amendment B dated 11/06/08 received by Council on 1 July 2008 o A010 and A011 Amendment D dated 19/11/08 received by Council on 19/11/08 o A030 Amendment A dated 29/02/08 received by Council 3 March 2008 o Schedule of Finishes dated 18/03/08 received by Council on 18 July 2008 o 08/1275/DA1 and DA2 Issue B dated 28/02/08 received by Council 3 March 2008 o 7432 Site Survey Plan Rev 01 dated 05/02/2008 and C00 - 03 Civil Services drawings Issue A dated February 2008 all received by Council on 3 March 2008. o Statement of Environmental Effects - Child Care Centre 114 Frenchs Forest Road, Seaforth, prepared by Andrew Darroch of Mersonn Pty Ltd dated February 2008; o Seaforth Childcare Centre 114 Frenchs Forest Road - Noise Assessment, prepared by Wilkinson Murray dated February 2008; o Traffic Impact Assessment relating to a Proposed Child Care Centre at 114 Frenchs Forest Road, Seaforth prepared by Traffix dated February 2008; o Geotechnical Investigation prepared by Asset Geotechnical dated 28 March 2008; o Accessibility Review prepared by Morris-Goding Accessibility Consulting dated 29 February 2008; o Site Validation Report Former Ampol Service Station corner Clontarf Street and Frenchs Forest Road Seaforth prepared for Caltex Australia Petroleum Pty Ltd dated 20 July 2004;

2 The eastern boundary wall shall be constructed in face brick on the elevation facing 112 Frenchs Forest Road, and in accordance with the Dividing Fences Act 1991 except that the cost of the wall is to be borne by the applicant/developer. The top of the wall being RL98.45 AHD where it adjoins the dwelling at 112 Frenchs Forest Road, and reducing to RL98.06 AHD where it adjoins the deck of that dwelling. Plans are to be noted accordingly prior to the issue of the Construction Certificate. The wall is to be erected prior to the issue of the occupation certificate for the childcare centre.

3 An easily open able, acoustically effective double glazed window is to be installed on the western side of 112 Frenchs Forest Road, Seaforth (i.e. the bedroom window). Acoustically effective to mean that the acoustic integrity of that room where the window is fitted is maintained. The glazing is to comply with the appropriate Australian Standards with all costs borne by the applicant. The window is to be installed prior to the occupation of the childcare centre.

The bedroom window is to also be provided with a 'filtered / silenced fresh air system ', whose performance complies with the relevant requirements of the Building Code of Australia as documented in AS 1668 Part 2 (The Australian Ventilation Code). The cost of such system being borne (funded) by the applicant. The fresh air system is to be installed prior to the occupation of the childcare centre.

4 The internal noise level in the rooms at 112 Frenchs Forest Road, Seaforth that overlook the childcare centres outdoor playing area (measured as an LAeq.15min) at those times when children are playing, shall not exceed the background noise levels that prevails in those rooms at those times when the children are not playing by more than 5dB(A).

5 The childcare centre's air conditioning system shall incorporate a filtered / silenced make up fresh air supply that complies with the requirements of AS1668 Part 2 and which serves all relevant areas.

6 The hours of operation of the Childcare Centre are not to exceed 7:00am to 7:00pm Monday to Friday, without the prior approval of Council. The site is not to be used for any other purpose other than a Childcare Centre.

7 The number of children occupying the childcare centre must not exceed 90 without the prior consent of Council.

8 Food Premises - Notification The food business must, before the food business commences and food handling operations, notify the NSW Food Authority through the Notification and Food Safety Information System (NAFSIS) of all appropriate trading details. Notification can be completed on-line through the NAFSIS website: www.foodnotify.nsw.gov.au. Under the NSW Food Act 2003 all food handling business in NSW are required to "notify" their details to the NSW Food Authority.

9 Food Premises - Inspection Trading must not commence until a final inspection has been carried out by Council's Environmental Health Officer and ALL conditions have been complied with.

10 Food Premises - Operation The operation of the premises shall comply with: The Food Act 2003, Food Regulation 2004 and the Food Standards Codes. 11 A separate waste and recycling service shall be engaged / contracted by the business operating from the premises. The Council may be contracted to perform this service.

12 For the purpose of storing waste and recycling until collection a suitable area must be included on the proposal. The area must be sufficiently sized to house three (3) separate bins, waste, paper recycling and commingled recycling bins.

13 Waste and recycling bins are to be provided in the kitchen, nappy area and office area for convenience to staff and can be emptied daily to main bins for collection.

14 All parking areas, driveway widths and gradients including parking bay and aisle dimensions, circulation roadways, and loading facilities must comply with AS 2890.1-2004 and 2890.2-2002.

15 Any vehicular crossing of the footpath is located at least 2m clear of any stormwater gully pit and clear of any other utility surface infrastructure located within the road reserve. Plans are to be noted accordingly prior to the issue of the Construction Certificate.

16 Appropriate warning signs are to be installed (to highlight left in-left out) and a speed hump is to be installed 5 metres inside the vehicle access off Clontarf Street to prevent vehicles existing the premises at high speed. Details of signage and the speed hump are to be provided to Council / Accredited Certifier prior to the issue of the Construction Certificate.

17 That "Children Warning" signage plus the "Preschool" supplementary plate be installed on both the approaches, outside the Child Care Centre. The applicant is to make a separate application to Council / Roads and Traffic Authority for the erection of the child warning signage and the preschool supplementary plate.

Conditions required by the Roads and Traffic Authority (nos. 18 - 29)

18 The proposed median island extension in Clontarf Street, shown on the sketch detailed in Attachment 1 in the letter from Traffix dated 16 July 2008 (Ref. No. 07 209), is to be designed and constructed in accordance with the RTA requirements. The median island is to be a minimum width of 900mm with two southbound lanes provided at a minimum width of 3.4m (desirably 3.5m) and a northbound lane of width 5.2m. The median island extension is to stop right in and right out vehicle movements from the proposed development. In order to carry out these works the median island is to be designed to meet RTA's requirements, and endorsed by a suitably qualified and chartered Engineer (i.e. who is registered with the Institute of Engineers, Australia). The design requirements shall be in accordance with the RTA's Road Design Guide and other Australian Codes of Practice. Certified copies of the civil / structural design plans shall be submitted to the RTA for consideration and approval prior to the release of construction certificate by Council / Accredited Certifier and commencement of road works. The RTA fees for administration, plan checking, civil works inspections and project management shall be paid by the developer prior to the commencement of works. The developer may be required to enter into a Works Authorisation Deed (WAD) for the abovementioned works. If required, please note that the Works Authorisation Deed (WAD) will need to be executed prior to the RTA's assessment of the detailed civil / traffic signal design plan.

20 Combined entry/exit driveway to be left in left out only. Should it be necessary to carry out any work to adjust the existing driveway then the design and construction of the proposed driveway and gutter crossing off Clontarf Street shall be in accordance with RTA Road Design Guide and in accordance with AS2890.1-2004. Details of these requirements can be obtained from the RTA's Project Services Manager, Traffic Projects Section, Parramatta (Ph: 02 8849 2144).

A certified copy of the design plans, which detail vehicle turning paths, shall be submitted to the council prior to the release of the construction certificate and commencement of road works.

21 No stopping restrictions are to be provided along Frenchs Forest Road and Clontarf Street to maximise sight distance and improve safety. The RTA must be contacted to arrange these works.

22 Post development storm water discharge from the subject site into the RTA drainage system must not exceed the pre-development discharge.

Detailed design plans and hydraulic calculations of any changes to the storm water drainage system are to be submitted to the RTA for approval, prior to the commencement of any works. Details should be forwarded to:-

Sydney Asset Management Roads and Traffic Authority PO Box 973 Parramatta NSW 2124

The RTA will examine the proposal upon receipt of a deposit of $100 and will require payment of the actual plan checking cost prior to the release of its report. A performance bond may also be required before the RTA's approval is issued.

23 All vehicles are to enter and exit the site in a forward direction except for the three staff car parking spaces can utilize the access in the road reserve that adjoins Frenchs Forest Road.

24 The proposed turning areas are to be kept clear of any obstacles, including parked cars, at all times.

25 A clear line of sight to pedestrians, cyclists and other vehicles is to be maintained at all times for the driveway entry and exit points and car parking area.

26 Suitable provision is to be made for construction vehicles on site at all times.

27 Deliveries to the child care centre are to be outside of peak traffic hours as well as child drop off and pick up times.

28 Bicycle storage facilities are to be provided on site.

29 All works associated with the development will be at no cost to the RTA.

General Conditions 30 The existing three lots are to be consolidated into one allotment and the plans lodged with the Lands Titles Office prior to the issue of the Occupation Certificate. This condition is required to ensure the site is developed in an orderly fashion.

31 Landscaping is required along the nature strip adjacent to the site. Landscaping is to reflect the landscaping on the opposite (southern) side of Frenchs Forest Road and is required to mark the entrance gateway to Manly. Planting details are to be provided to Council prior to the issue of the Construction Certificate.

32 The trafficable sky lights are to be enlarged to Council's satisfaction and shown in the construction certificate plans.

33 That a double "holding pen" (child safety zone) gate is installed to stop a child from running directly out of the facility onto the street. Plans are to be notated accordingly prior to the issue of the Construction Certificate.

34 Access and facilities are to be constructed in accordance with the accessibility review prepared by Morris - Goding Accessibility Consulting dated 29 February 2008.

35 A minimum of one car space for the vehicle of people with disabilities in all new or refurbished buildings which provide between 10 to 50 car parking spaces, 2 for those which provide between 50 and 100 car spaces. The car spaces shall be identified and reserved at all times and be in the vicinity of lift or as close as possible to public areas and facilities. The car spaces shall have minimum dimensions and headroom to conform to Australian Standard AS/NZS 2890.1: 2004. A notice shall be displayed at the entrance to the parking station and at each change in direction indicating the location of car spaces and the maximum headroom for vehicles. Details shall be submitted to the Council/Accredited Certifier prior to the issue of the Construction Certificate.

36 The construction of a vehicular footpath crossing is required. The design and construction including allowable width shall be in accordance with the current Policy of Council and Specification for the Construction of Vehicle Crossings. All works shall be carried out prior to the issue of Occupation Certificate.

37 Separate application to Council for the construction of a Vehicular Crossing for the design, specification and inspection by Council. The design and construction including allowable width shall be in accordance with the current Policy of Council and Specification for the Construction of Vehicle Crossings. Applications shall be made a minimum of twenty-eight (28) days prior to commencement of proposed works on Council's property.

38 All surplus vehicular crossings and/or kerb laybacks shall be removed and the kerb and nature strip reinstated prior to issue of the Occupation Certificate.

39 A long section of the driveway shall be submitted with the Construction Certificate Application. The long section is to be drawn at a scale of 1:20 and shall include measured lengths and Relative Levels (RL) of the road centreline, kerb, road reserve, pavement within property and garage floor. The RLs shall include the existing levels and the designed levels.

40 Pursuant to Section 97 of the Local Government Act, 1993, Council requires, prior to issue of the Construction Certificate, or commencement of any excavation and demolition works, payment of a Trust Fund Deposit of $15,000. The deposit is required as security of compliance with Conditions of Consent, and as security against damage to Council property during works on the site. Note: Should Council property adjoining the site be defective eg, cracked footpath, broken kerb etc., this shall be reported in writing to Council, at least 7 days prior to the commencement of any work on site.

Note: Where Council is not the principal certifying authority, refund of the trust fund deposit will also be dependent upon receipt of a final occupation certificate by the Principal Certifying Authority and infrastructure inspection by Council.

41 No obstruction shall be caused to pedestrian use of Council's footpath or vehicular use of any public roadway during construction.

42 Any heritage listed stone kerb removed for construction of a driveway or other approved works, is to be removed without damaging it and contact is to be made with Councils Works Manager on Telephone 9976 1455 for the stone to be transported to Councils Depot.

43 Separate application shall be made to Council's Infrastructure Division for approval to complete, to Council's standards and specifications, works on Council property. This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be made a minimum of twenty-eight (28) days prior to commencement of proposed works on Council's property. Applicant to notify Council at least 48 hrs before commencement of works to allow Council to supervise/inspect works.

44 Any adjustment to the public utility service is to be carried out in compliance with their standards and the full cost is to be borne by the applicant.

45 Details of the builder's name and licence number contracted to undertake the works shall be provided to Council/Accredited Certifier prior to issue of the Construction Certificate.

46 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 one toilet for every 20 person or part of 20 persons employed at the site, by effecting either a permanent or temporary connection to the Sydney Water's sewerage system or by approved closets.

47 Retaining walls being constructed in conjunction with excavations with such work being in accordance with structural engineer's details. Certification of compliance with the structural detail during construction shall be submitted to the Principal Certifying Authority.

48 A sign must be erected on the subject site in a prominent position stating that unauthorised entry is prohibited and giving details of the name of the builder or the person responsible for the site and 24 hour contact details. The sign is to have dimensions of approximately 500mm x 400mm. Note: The sign is not required if the building on the site is to remain occupied during the course of the building works.

49 All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans with certification being submitted to the Principal Certifying Authority during construction from a registered surveyor certifying ground and finished ridge levels.

50 Consent given to build in close proximity to the allotment boundary is in no way to be construed as permission to build on or encroach over the allotment boundary. Your attention is directed to the provisions of the Dividing Fences Act which gives certain rights to adjoining owners, including use of the common boundary. In the absence of the structure standing well clear of the common boundary, it is recommended that you make yourself aware of your legal position which may involve a survey to identify the allotment boundary.

51 Four (4) certified copies of the Structural Engineer's details in respect of all reinforced concrete, structural steel support construction and any proposed retaining walls shall be submitted to the Council/Accredited Certifier prior to the issue of the Construction Certificate.

52 Where any excavation extends below the level of the base of the footing of a building on an adjoining allotment of land, the person causing the excavation shall support the neighbouring building in accordance with the requirements of the Building Code of Australia.

53 The floor surfaces of bathrooms, shower rooms, laundries and WC compartments are to be of an approved impervious material properly graded and drained and waterproofed in accordance with AS3740. Certification is to be provided to the Principal Certifying Authority from a licenced applicator prior to the fixing of any wall or floor tiles.

54 A suitable sub-surface drainage system being provided adjacent to all excavated areas and such drains being connected to an approved disposal system.

55 The implementation of adequate care during demolition/ excavation/ building/ construction to ensure that no damage is caused to any adjoining properties.

56 An adequate security fence, is to be erected around the perimeter of the site prior to commencement of any excavation or construction works, and this fence is to be maintained in a state of good repair and condition until completion of the building project.

57 Building work shall not progress beyond first floor level until such time as Registered Surveyors details of levels are submitted to the Principal Certifying Authority. These levels shall confirm that the works are in accordance with the levels shown and approved in the development approval.

58 On completion of the building structure a report from a Registered Surveyor is to be submitted to the Principal Certifying Authority confirming that the building has been completed in accordance with the levels as shown on the approved plan.

59 Four (4) copies of Architectural Drawings consistent with the development consent and associated specifications are to be submitted to Council/Accredited Certifier prior to the issue of the Construction Certificate.

60 An approved water interceptor shall be provided within the property, across the driveway at the property boundary, and all stormwaters shall be conveyed by underground pipe to Council's street gutter to the satisfaction of the Principal Certifying Authority.

61 All demolition is to be carried out in accordance with AS2601-2001.

62 Asbestos cement sheeting must be removed in accordance with the requirements of the WorkCover Authority.

63 Demolition must be carried out by a registered demolition contractor. Documentary evidence of registration must be submitted to Council prior to the commencement of demolition work.

64 Care shall be taken to prevent any damage to adjoining buildings.

65 A system of Onsite Stormwater Detention (OSD) or Onsite Stormwater Retention (OSR) shall be provided within the property in accordance with Council's "Specification for On-site Stormwater Management 2003". The design and details shall be submitted with the Construction Certificate Application and be approved by the Council/Accredited Certifier prior to the issue of the Construction Certificate. The specification can be downloaded from Council's web site www.manly.nsw.gov.au free of charge or a hardcopy can be purchased from Council.

66 A copy of the approved Onsite Stormwater Detention (OSD) or Onsite Stormwater Retention (OSR) plan showing Work as Executed (WAE) details shall be submitted to Council prior to the issue of the Occupation Certificate. The work as executed plan shall be in accordance with Council's standards and specifications for Stormwater Drainage and On-site Stormwater Management 2003.

67 Any work shall not prohibit or divert any natural overland flow of water.

68 A positive covenant in respect of the installation and maintenance of onsite detention works is required to be imposed over the area of the site affected by onsite detention and/or pump system prior to the issue of the Occupation Certificate for the building and prior to the release of the trust fund deposit.

69 A Fire Safety Schedule specifying the fire safety measures (both current and proposed) that should be implemented in the building premises shall be submitted with the Construction Certificate application, in accordance with Part 9 Clause 168 of the Environmental Planning and Assessment Regulation 2000. Note: A Construction Certificate cannot be issued until a Fire Safety Schedule is received.

70 The building being erected in Type B, Construction for a Class 9b building in accordance with the Fire Resistance Provisions of the Building Code of Australia.

71 All building work must be carried out in accordance with the provisions of the Building Code of Australia.

72 The construction, fit-out and finishing of the premises shall comply with: Australian Standard AS 4674-2004 (Design, construction and fit-out of Food Premises), the Food Act 2003, Food Regulation 2004 and the Food Standards Code.

73 A garbage room or garbage receptacle storage area shall be provided within the site in an approved position constructed in accordance with the requirements of Council.

74 The garbage room shall be ventilated to the external air by natural ventilation or an approved air handling exhaust system.

75 The reconstruction and/or construction of footpath paving and any associated works along all areas of the site fronting Clontarf St and Frenchs Forest Rd. These works shall be carried out prior to the issue of the occupation certificate by a licensed construction contractor, at the applicant's expense and shall be in accordance with Council's Specification for Civil Infrastructure Works and Paving Design Guide.

76 The pedestrian footpaths and pavements in the streets surrounding the proposed development shall be constructed as per Manly Council's Paving Design guidelines dated February 2002. a detailed design showing the above details shall be submitted with the application for Construction Certificate and shall be approved by the Council/Accredited Certifier prior to the issue of the Construction Certificate.

77 No building materials, waste containers or skips may be stored on the road reserve or footpath without prior separate approval from Council, including payment of relevant fees.

78 The collection of garbage from the premises is not to occur between the hours of 10.00pm and 5.00am Monday to Sunday, without the prior approval of Council, to minimise disruption to neighbouring properties.

79 A Waste Management Plan is to be submitted with the application for a Construction Certificate in accordance with Council's Development Control Plan for Waste Minimisation and Management.

80 Landscaping is to be carried out in accordance with the approved Landscape Plan submitted in conjunction with the Development Application. Evidence of an agreement for the maintenance of all plants for a period of 12 months from the date of practical completion of the building is to be provided to the Principal Certifying Authority prior to issue of the Final Occupation Certificate.

81 All disturbed surfaces on the land resulting from the building works authorised by this approval shall be revegetated and stabilised so as to prevent any erosion either on or adjacent to the land.

82 The felling, lopping, topping, ringbarking, wilful destruction or removal of any tree or trees unless in conformity with this approval or subsequent approval is prohibited.

83 No tree other than on land identified for the construction of buildings and works as shown on the building plan shall be felled, lopped, topped, ringbarked or otherwise wilfully destroyed or removed without the approval of Council.

84 Precautions shall be taken when working near trees to be retained including the following: - do not store harmful or bulk materials or spoil under or near trees - prevent damage to bark and root system - do not use mechanical methods to excavate within root zones - do not add or remove topsoil from under the drip line - do not compact ground under the drip line.

85 Any ancillary light fittings fitted to the exterior of the building are to be shielded or mounted in a position to minimise glare to adjoining properties.

86 A sediment/erosion control plan for the site shall be submitted for approval to the Council/Accredited Certifier prior to the issue of the Construction Certificate. Implementation of the scheme shall be completed prior to commencement of any works on the site and maintained until completion of the development.

87 All materials on site or being delivered to the site shall generally be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 shall be complied with when placing/stockpiling loose material, disposing of concrete waste, or other activities likely to pollute drains or water courses.

88 Any future structures to be erected on the site shall be the subject of a Development Application and Construction Certificate Application.

89 A Construction Certificate Application is required to be submitted to and issued by the Council/Accredited Certifier prior to any building works being carried out on site.

90 Should you appoint Council as the Principal Certifying Authority (PCA) to undertake inspections during the course of construction then the following inspection/certification are required: Silt control fences Footing inspection - trench and steel Reinforced concrete slab X 3 Framework inspection Wet area moisture barrier Drainage inspection Landscaping inspection Retaining wall steel inspection OSD Tank steel inspection X 3 Health inspection Final inspection The cost of these inspections by Council is $3,450 (being $230 per inspection inclusive of GST) . Payment of the above amount is required prior to the first inspection. Inspection appointments can be made by contacting the Environmental Services Division on 9976 1414. At least 24 hours notice should be given for a request for an inspection and submission of the relevant inspection card. Any additional inspection required as a result of incomplete works will incur a fee of $110.

91 An Occupation Certificate is to be issued by the Principal Certifying Authority prior to occupation of the development.

92 All excavated material should be removed from the site in an approved manner and be disposed of lawfully to a tip or other authorised disposal area.

93 All demolition and excess construction materials are to be recycled wherever practicable.

94 De-watering from the excavation or construction site must comply with the Protection of the Environment Operations Act 1997 and the following: a. Ground water or other water to be pumped from the site into Council's stormwater system must by sampled and analysed by a NATA accredited laboratory or Manly council for compliance with ANZECC Water Quality Guidelines.

b. If tested by NATA accredited laboratory, the certificate of analysis used by the laboratory must be forwarded to Manly Council as the appropriate regulatory authority under the Protection of the Environment Operations Act 1997, prior to the commencement of de-watering activities.

c. Council will grant approval to commence site de-watering to the stormwater based on the water quality results received.

d. It is the responsibility of the applicant to ensure that during de-watering activities, the capacity of the stormwater system is not exceeded, that there are no issues associated with erosion or scouring due to the volume of water pumped.

e. Turbidity readings must not at any time exceed the ANZECC recommended 50ppm (parts per million) for receiving waters.

f. Also the developer must contact the Department of Infrastructure, Planning and Natural Resources and comply with any of their requirements.

95 Detailed plans of roof trusses indicating type and position of trusses, design wind classification, manufacturer name, stress grade of timber used, and method of bracing and fixing trusses are to be submitted to the Principal Certifying Authority prior to the commencement of roof framework.

96 Roof and framing including provision for tie downs, bracing and fixings are to be designed by a practising Structural Engineer. The Engineer is to specify appropriate wind category relating to the site terrain, house design and height of the structure, with details being submitted to the Principal Certifying Authority prior to the commencement of framework.

97 The capacity and effectiveness of erosion and sediment control devices must be maintained to Council satisfaction at all times.

98 A copy of the Soil and Water Management Plan must be kept on-site at all times and made available to Council officers on request.

99 Stockpiles are not permitted to be stored on Council property (including nature strip) unless prior approval has been granted.

100 Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage line or easement, natural watercourse, kerb or road surface.

101 Drains, gutters, roadways and access ways shall be maintained free of sediment and to the satisfaction of Council. Where required, gutters and roadways shall be swept regularly to maintain them free from sediment.

102 Building operations such as brick cutting, washing tools or paint brushes, and mixing mortar not be performed on the roadway or public footway or any other locations which could lead to the discharge of materials into the stormwater drainage system.

103 All disturbed areas shall be stabilised against erosion to Council satisfaction within 14 days of completion, and prior to removal of sediment controls.

104 Stormwater from roof areas shall be linked via a temporary downpipe to a Council approved stormwater disposal system immediately after completion of the roof area. Inspection of the building frame will not be made until this is completed to Council satisfaction.

105 The applicant and/or builder must prior to the commencement of work, install at the periphery of the site, measures to control sedimentation and the possible erosion of the land. The measures must include:- i. siltation fencing; ii. protection of the public stormwater system; and iii. site entry construction to prevent vehicles that enter and leave the site from tracking loose material onto the adjoining public place.

106 Building or construction work must be confined to the hours between 7.00am to 6.00pm, Monday to Friday and 7.00am to 1.00pm, Saturday, with a total exclusion of such work on Public Holidays and Sundays. Non-offensive works where power operated plant is not used and including setting out, surveying, plumbing, electrical installation, tiling, internal timber or fibrous plaster fixing, glazing, cleaning down brickwork, painting, building or site cleaning by hand shovel and site landscaping, is permitted between the hours of 1.00pm to 4.00pm Saturdays. Note: That the Protection of the Environment Operations Act 1997 may preclude the operation of some equipment on site during these permitted working hours.

107 The operation of the childcare centre and of mechanical services are not to give rise to an offensive noise within the meaning of the Protection of the Environment Operations Act 1997.

108 Details of the method of termite protection which will provide whole of building protection, inclusive of structural and non-structural elements, shall be submitted to the Council/Accredited Certifier prior to issue of the Construction Certificate. Attention is drawn to the provisions of Australian Standard 3660.1 "Protection of Buildings from Subterranean Termites New Buildings" and to Council's Code for the "Protection of Buildings Against Termite Attack".

109 Prior to issue of the Occupation Certificate, a durable termite protection notice shall be permanently fixed to the building in a prominent location detailing the form of termite protection which has been used in accordance with Council's Code for the "Protection of Buildings Against Termite Attack".

110 This approval shall expire if the development hereby permitted is not commenced within 5 years of the date hereof.

111 The use of the premises, shall not give rise to air impurities in contravention of the Protection of the Environment Operations Act 1997 and shall be controlled in accordance with the requirements of this Act.

112 Vehicle emissions are to be monitored through sight and odour be centre staff during high volumes of traffic and during peak pick up and drop of times at the western boundary of the entry and exit point of Clontarf Street in order to minimise potential exposure of concentrated vehicle emissions to vulnerable population(s). Should the emissions be visual or emit any odour the following precautions are to be taken to minimise the risk of exposure of vulnerable population(s): - Vehicles are to be turned off during long delays. - Windows and doors are to be closed to minimise an increase of indoor air pollution. - Infants and children are to be taken directly from the child are centre to their collection vehicle. - Notify the NSW EPA Pollution Line on 131 555 should air quality be of concern either from vehicles or other such source that may be constituted as a pollution incident. Note: The Protection of the Environment Operations Act, 1997 outlines the duty to notify of pollution incidences.

The air quality monitoring requirements are to be incorporated into the Childcare Centre's Plan of Management, a copy of which is to be provided to Council prior to the issue of the Occupation Certificate.

113 That excavation be undertaken in accordance with the recommendations of the Geotechnical Investigation, dated 28 March 2008, prepared by Asset Geotechnical Engineering Consultants. This condition is imposed to ensure that excavation is undertaken in an orderly manner.

114 A dilapidation report in regard to adjoining properties and Council land is to be submitted to the Council / Accredited Certifier prior to the issue of the Construction Certificate.

115 The operation of the centre shall follow the adopted Plan of Management, undated, which may be amended from time to time with the Consent of Council.

116 The doors and windows along the northern and eastern side of the Child Care Centre are to be closed during noisier internal play activities. The doors from the indoor play activity areas must only be open for access during quieter times. This condition is imposed to limit the transfer of offensive noise to adjoining properties.

J S Murrell Commissioner of the Court ljr

06/05/2009 - minor typographical errors and paragraph numbers - Paragraph(s) numbering

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 : BSDI Pty Ltd v Manly Council [2009] NSWLEC 1067 This decision has been amended. Please see the end of the judgment for a list of the amendments.

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