Ghazi Elali v Campbelltown City Council

Land and Environment Court (NSW)|2005-01-19|Before: Bignold J, Mr J, Honour Bignold J

The applicant shall plant suitable 'low hedge-style' landscaping along each property boundary within the 30-metre setback to Campbelltown Road to define and enhance those property boundaries.

Driveway The gradients of driveways and manoeuvring areas shall be in accordance with Australian Standard AS 2890.2 (as amended). Driveways are to be constructed using decorative paving materials such as exposed aggregate or pattern stencilled concrete, or paving bricks. The finishes of the paving surfaces are to be non-slip. Plain concrete is not acceptable. All driveways in excess of 20 metres in length shall be separated from the landscaped areas by the construction of a minimum 150mm high kerb.

Graffiti The owner/lessee of the building shall be responsible for the removal of any graffiti from the building within 48 hours of the graffiti appearing.

Motels The operation of the premises shall be carried out in accordance with the following requirements: a. The installation of CCTV surveillance cameras in and around the premises, placed in strategic places such as the external entrance and exit doors. The surveillance tapes shall be kept for a minimum period of 14 days for viewing by the Police upon request. b. Footpath lighting shall be provided along pathways and entrances of the site and building. The location, design and illumination of such lighting shall ensure pedestrian safety and shall be at a minimum level of 10 lux in the horizontal and vertical plane. c. The management/licensee shall ensure that the behaviour of patrons entering and leaving the premises does not detrimentally affect the amenity of the neighbourhood. In this regard, the management shall be responsible for the control of noise, loitering and litter generated by patrons of the premises and shall ensure that people leave the premises and area in an orderly manner. If so directed by the Police or Council, the management is to employ private security staff to ensure that this condition is complied with to the satisfaction of Council. d. Signs shall be placed in clearly visible positions within the motel requesting patrons upon leaving the premises to do so quickly and quietly, having regard to maintaining the amenity of the area. e. No Public Entertainment, as defined under Local Government Act, 1993 is to be provided within the premises unless separately approved by a development application under the Environmental Planning and Assessment Act, 1979 and an application under Section 68 of the Local Government Act, 1993 . f. The hours of operation of the convention centre shall be limited to the hours between 7.30am and 12midnight daily except for outdoor activities, which shall be limited to the hours between 7.30am and 10pm daily. The LA10 noise level emitted from activities associated with the operation of the convention centre shall not exceed the background noise level by more than 5dB when measured at any point on an adjoining premises that is not less than 1 metre from the boundary of the subject premises. Details of all noise amelioration measures shall be submitted to the accredited certifier for approval prior to the issue of a construction certificate. All noise amelioration measures shall be installed to the satisfaction of the principal certifying authority prior to the issue of an occupation certificate.

Safer by Design The building shall incorporate the following crime minimisation features:
- Portholes are to be provided in non-load bearing walls in the basement car park to allow for open sight lines and surveillance.
- The door to the mechanical exhaust room shall be fitted with a secure locking device.
- All external walls and walls within the basement car park shall be treated with anti-graffiti resistant coating.

The following conditions of consent must be complied with prior to the issue of a construction certificate by either Campbelltown City Council or an accredited certifier. All necessary information to comply with the following conditions of consent must be submitted with the application for a construction certificate.

Prior to Council or an accredited certifier issuing a construction certificate, the applicant shall submit written evidence of the following service provider requirements: a. Sydney Water - The submission of a ' Notice of Requirements ' under Section 73 of the Water Board (Corporatisation) Act 1994 . b. Integral Energy - A letter of consent demonstrating that satisfactory arrangements have been made to service the proposed development.

Waste Management Plan Prior to Council or an accredited certifier issuing a construction certificate, the relevant provisions of Council's Waste Management Plan is to be completed to the satisfaction of Council.

Geotechnical Report Prior to Council or an accredited certifier issuing a construction certificate, a geotechnical report prepared by a NATA registered lab shall be submitted, which indicates that the land will not be subject to subsidence, slip, slope failure or erosion. 16. Soil and Water Management Plan

Prior to Council or an accredited certifier issuing a construction certificate, a detailed soil and water management plan shall be submitted for approval. 17. Landscaping Bond

Prior to Council or an accredited certifier issuing a construction certificate, a bond or bank guarantee for the sum of $10,000.00 is to be lodged with Council to ensure the effective establishment and maintenance of landscaping on site.

Twelve months after the issue of the occupation certificate, and the satisfactory completion and maintenance of landscaping, the applicant is responsible for applying to Council for the return of the bond or guarantee.

Should no request be made to Council for the return of the bond six years after the issue of the occupation certificate, the applicant is advised that Council will surrender the bond to the Office of State Revenue .

Prior to Council or an accredited certifier issuing a construction certificate, the applicant shall submit to Council details of the collection and disposal of internal waste generated by the occupants to be arranged through a licensed authorised contractor. 19. Stormwater Details

Prior to Council or an accredited certifier issuing a construction certificate, a plan indicating all engineering details and calculations relevant to site regrading and the collection and disposal of stormwater from the site, building/s and adjacent catchment, shall be submitted for approval. Floor levels of all buildings shall be above finished site levels and stormwater shall be conveyed from the site to the nearest drainage system under Council's control. All proposals shall comply with Council's Engineering Design Guide for Development (as amended) . 20. Dilapidation Report

Prior to Council or an accredited certifier issuing a construction certificate, the applicant shall submit a dilapidation report for all buildings on lands that adjoin the subject works. 21. Work on Public Land

Prior to Council or an accredited certifier issuing a construction certificate, the applicant shall obtain written consent from Council for any proposed work on public land. All inspections, approval and restoration of work shall be undertaken by Council at the applicants expense prior to the principal certifying authority issuing and occupation certificate.

Basement Car Parking Prior to Council or an accredited certifier issuing a construction certificate, the applicant's consultant shall ensure that the basement car parking layout, ramps and aisle widths comply with Australian Standards 2890 (as amended).

Archaeological assessment An archaeological assessment conducted by a qualified archaeologist shall be submitted to the Council for approval prior to the issue of a construction certificate.

The following conditions of consent have been imposed to ensure that the administration and amenities relating to the proposed development comply with all relevant requirements. These conditions are to be complied with prior to the commencement of any works on site.

Erosion and Sediment Control Prior to the commencement of any works on the land, erosion and sediment control measures shall be fully installed/implemented.

Erection of Construction Sign Prior to the commencement of any works on the land, a sign/s must be erected in a prominent position on the site: a. 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; b. Stating that unauthorised entry to the work site is prohibited; c. Pollution warning sign promoting the protection of waterways (issued by Council with the development consent); d. Stating the approved construction hours in which all works can occur; and e. Showing the name, address and telephone number of the principal certifying authority for the work.

Any such sign/s 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. 26. Toilet on Construction Site

Prior to the commencement of any works on the land, 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 persons or part thereof. Each toilet provided must be a standard flushing toilet and be connected to: a. A public sewer, or b. If connection to a public sewer is not practicable, to an accredited sewage management facility approved by Council, or c. If connection to a public sewer or an accredited sewage management facility is not practicable, to some other management facility approved by Council.

Prior to the commencement of any works on the land, a trade waste facility shall be provided on-site to store all waste pending disposal. The facility shall be screened, regularly cleaned and accessible to collection vehicles.

Vehicular Access during Construction Prior to the commencement of any works on the land, a single vehicle/plant access to the site shall be provided to minimise ground disturbance and prevent the transportation of soil onto any public place. Single sized 40mm or larger aggregate placed 150mm deep, and extending from the street, kerb/road to the site shall be provided as a minimum requirement. 29. Public Property

Prior to the commencement of any works on site, the applicant shall advise Council of any damage to property controlled by Council which adjoins the site including kerbs, gutters, footpaths, walkways, reserves and the like. Failure to identify existing damage will result in all damage detected after completion of the building work being prepared at the applicant's expense. 30. Demolition Works

Demolition works shall be carried out in accordance with the following: a. Prior to the commencement of any works on the land, a detailed demolition work plan designed in accordance with Clause 1.7.3 of Australian Standard AS 2601-2001 - The Demolition of Structures, prepared by a suitably qualified person with suitable expertise or experience, shall be submitted to and approved by Council and shall include the identification of any hazardous materials, method of demolition, precautions to be employed to minimise any dust nuisance and the disposal methods for hazardous materials. b. Prior to commencement of any works on the land, the demolition Contractor(s) licence details must be provided to Council. c. The handling or removal of any asbestos product from the building/site must be carried out in accordance with Work Cover provisions. A person/contractor licensed for asbestos removal must carry out all work. d. An appropriate fence preventing public access to the site shall be erected for the duration of demolition works.

Prior to the commencement of any works, a hoarding or fence must be erected between the work site and a public place if the work involved in the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or if the building involves the enclosure of a public place in accordance with Work Cover requirements.

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

Sydney Water The approved development plans shall be submitted to Sydney Water to determine whether the development will affect Sydney Water sewer and water mains, stormwater drains and/or easements. If the development complies with Sydney Water's requirements, the plans will be stamped identifying that no further works are necessary.

Geotechnical Reference Prior to the commencement of any works, a certificate prepared by the designing structural engineer certifying that the design is in accordance with the geotechnical investigation to the site. The designing structural engineer shall also nominate a site classification note AS2870 - Residential Slabs and Footings.

Structural Engineering Details Prior to the commencement of any works, the submission to the principal certifying authority of all details prepared by a practicing structural engineering.

Construction Work Hours All work on site shall only occur between the following hours: Monday to Friday 7.00am to 6.00pm Saturday 8.00am to 1.00pm Sunday and public holidays No Work.

Erosion and sediment control measures shall be provided and maintained throughout the construction period in accordance with the requirements of the manual - Soils and Construction (2004) (Bluebook), the approved plans, Council specifications and to the satisfaction of the principal certifying authority. The erosion and sedimentation control devices shall remain in place until the site has been stabilised and revegetated. Note: On the spot penalties up to $1,500 will be issued for any non-compliance with this requirement without any further notification or warning.

Work Zones All loading, unloading and other activities undertaken during construction shall be accommodated on the development site.

Where it is not practical to load, unload or undertake specific activities on the site during construction, the provision of a 'Work Zone' external to the site may be approved by Council following an application being submitted to Council's Traffic Sub-Committee outlining the proposal for the work zone. The application must be made prior to the commencement of any works and is to include a suitable 'Traffic/Pedestrian Management and Control Plan' for the area of the work zone that will be affected. All costs of approved traffic/pedestrian control measures shall be borne by the applicant. 38. Protection of Existing Trees

During construction, no trees are to be cut down, lopped, destroyed or removed without the separate written approval of Council unless those trees are within three (3) metres of the footprint of a building that has been approved by Council.

All trees that are to be retained are to be protected by fencing, firmly staked within the drip line/ canopy of the tree and maintained during the duration of the works. The area within the fencing must not be used for stockpiling of any material, nor for vehicle or pedestrian convenience.

All useable trees and shrubs shall be salvaged for re-use, either in log form, or as woodchip mulch for erosion control or garden beds or site rehabilitation. Non-salvable materials such as roots and stumps shall be disposed of to a waste management centre or other approved form. 39. Excavation and Backfilling

All excavations and backfilling associated with the approved works must be executed safely and in accordance with appropriate professional standards. All excavations must be properly guarded and protected to prevent them from being dangerous to life or property.

If an excavation associated with the approved works 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 building from damage; and b. If necessary, must underpin and support the building in an approved manner, and c. Must, at least seven (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 is not liable for any part of the cost of work carried out, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. 40. Dust Nuisance

Measures shall be implemented to minimise wind erosion and dust nuisance in accordance with the requirements of the manual - 'Soils and Construction (2004) (Bluebook) . Construction areas shall be treated/regularly watered to the satisfaction of the principal certifying authority.

Certification of Location of Building During Construction Prior to the positioning of wall panels/bricks or block work, the submission to the principle certifying authority of a registered surveyor's certificate showing the boundaries of the allotment, distances of walls and footings from the boundaries, and the dimensions of the building.

Certification of Location of Building upon Completion Upon completion of the building, the submission to the principle certifying authority of a registered surveyor's certificate showing the boundaries of the allotment, distances of walls and footings from the boundaries.

The building shall be protected for subterranean termites in accordance with Australian Standard 3660.1 . Certification of the treatment shall be submitted to the principal certifying authority prior to the issue of an occupation certificate. 44. Excess Material

All excess material is to be removed from the site. The spreading of excess material or stockpiling on site will not be permitted without prior written consent from Council. 45. Public Safety

Any works undertaken in a public place are to be maintained in a safe condition at all times. In this regard, the applicant shall ensure that a safe fully signposted passage minimum 1.2 metres wide, separated from the works and moving vehicles by suitable barriers and lights, is maintained for pedestrians at all times and that traffic control is undertaken and maintained strictly in accordance with AS 1742.3 (1996) , the requirements set out in the RTA manual "Traffic Control at Work Sites" (as amended) , all applicable Traffic Management and Control Plans and that any Work Cover Authority requirements are met. 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.

All design and construction work, lots and roads created shall be in accordance with Council's requirements as follows: a. Council's specification for Construction of Subdivisional Road and Drainage Works (as amended); b. Engineering Design Guide for Development (as amended); c. 'Soils and Construction (2004) (Bluebook); and d. Relevant Australian standards and State Government publications.

The applicant shall provide water conduits, common drainage lines or kerb outlets, and laybacks as required. 47. Footpath

The footpath adjoining the subject land shall be regraded, topsoiled and turfed in accordance with levels to be obtained from Council. The footpath formation may need to be extended beyond the boundary to provide an acceptable transition to existing footpath levels. 48. Industrial / Commercial Driveway and Layback Crossing

The applicant shall provide a reinforced concrete driveway and layback crossing/s to Council's Industrial/Commercial Vehicle Crossing Specification and Engineering Design Guide for Development (as amended) .

A separate application for this work, which will be subject to a crossing inspection fee, fixing of levels and inspections by Council, must be lodged with Council. Conduits must be provided to service authority requirements. 49. Associated Works

The applicant shall undertake any works external to the development made necessary by the development, including additional road and drainage works or any civil works required as directed by Council to make a smooth junction with existing work. 50. Redundant Laybacks

All redundant layback/s shall be reinstated to conventional kerb and gutter to Council's Specification for Construction of Subdivisional Road and Drainage Works (as amended) and Engineering Design Guide for Development (as amended).

The following conditions of consent must be complied with prior to the issue of an occupation certificate by either Campbelltown City Council or an accredited principal certifying authority. All necessary information to comply with the following conditions of consent must be submitted with the application for an occupation certificate.

Prior to the issue of an occupation certificate, the submission to the principal certifying authority of a Section 73 certificate issued by Sydney Water .

Structural Engineering Certificate Prior to the issue of an occupation certificate, the submission to the principal certifying authority of a certificate from a practising structural engineer certifying that the building has been erected in compliance with the approved structural drawings and relevant SAA Codes and is structurally adequate.

Completion of External Works Prior to the issue of an occupation certificate, all external works, repairs and renovations detailed in the schedule of treatment/finishes, landscaping, driveways, fencing and retaining walls to be completed to the satisfaction of the consent authority.

Prior to the principal certifying authority issuing an occupation certificate, the restoration of public road and associated works required as a result of the development shall be carried out by Council and all costs shall be paid by the applicant. 55. Public Utilities

Prior to the principal certifying authority issuing an occupation certificate, adjustments to public utilities required as a result of the development shall be completed at the sole cost of the applicant. 56. Termite Protection

Prior to the principal certifying authority issuing an occupation certificate, certification from a licensed pest controller shall be submitted certifying that the termite treatment has been installed in accordance with AS3660.1.

The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, other relevant Council Policy/s and other relevant requirements. This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

Advice 1 Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires you to:

a. Obtain a construction certificate prior to the commencement of any works. Enquiries regarding the issue of a construction certificate can be made to Council's Customer Service Centre on 4645 4608. b. Nominate a principal certifying authority and notify Council of that appointment prior to the commencement of any works. c. Give Council at least two days notice prior to the commencement of any works. d. Have mandatory inspections of nominated stages of the construction inspected. e. Obtain an occupation certificate before occupying any building or commencing the use of the land.

Your attention is drawn to the existence of the Disability Discrimination Act . A construction certificate is required to be obtained for the proposed building/s, which will provide consideration under the Building Code of Australia , however, the development may not comply with the requirements of the Disability Discrimination Act . This is the sole responsibility of the owner, builder and applicant. Advice 3 Buried Waste

Should buried materials/wastes or the like be uncovered during the excavation of footings or trenches on site works, Council is to be contacted immediately for advice on the treatment/removal methods required to be implemented.

The land upon which the subject building is to be constructed may be affected by restrictive covenants. Council issues this approval without enquiry as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this permit. Persons to whom this permit is issued must rely on their own enquiries as to whether or not the building breaches any such covenant.

The following stages of construction shall be inspected and approved prior to proceeding to the subsequent stages of construction:

a. EROSION AND SEDIMENT CONTROL - · After installation and prior to commencement of construction. · As necessary until completion of work. b. STORMWATER PIPES - Laid, jointed and prior to backfill. c. VEHICLE CROSSINGS AND LAYBACKS - Prior to pouring concrete.

All works within public areas are required to be inspected at all stages of construction and approved by Council prior to the principal certifying authority releasing the Occupation Certificate.

Advice 7 Adjustment to Public Utilities Adjustment to any public utilities necessitated by the development is required to be completed prior to the occupation of the premises and in accordance with the requirements of the relevant Authority. Any costs associated with these adjustments are to be borne by the applicant.

Please note that Campbelltown is an area of known salinity potential. As such any salinity issues should be addressed as part of the construction certificate application. Further information regarding salinity management is available within Council's Engineering Design Guidelines for Development (as amended). End of Conditions

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 : Ghazi Elali v Campbelltown City Council [2005] NSWLEC 15

CASES CITED: Elali v Campbelltown City Council [2004] NSWLEC 554 Bignold J

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