Hassell Pty Ltd v Warringah Shire Council

Land and Environment Court (NSW)|1997-11-18|Before: Sheahan J, Talbot J, Cripps J

The applicant's position, which was accepted by the court previously, was based on the " 8 part test ", required by s 5A of the EPA Act. In relation to the subject application Dr Braithwaite states that the " 8 part test " was used as the basis for his current report and that his conclusions did not change.

Since the previous hearing no further surveys have been undertaken on the site or in the locality. From the previous surveys only one location (No.6) was close to or located within lot 26. Having previously found that the loss of some examples of the Red Crowned Toadlet is likely to occur without significantly impacting on the species, the potential loss in this location is acceptable. This conclusion is based on the fact that the toadlet is still located in this position; a fact that was not proven and possibly unlikely because of their migratory nature and the activity which has been carried out on the site between the two hearings.

7.3.2 Tetratheca Glandulosa 86. The existence of Tetratheca Glandulosa on the site was acknowledged in the previous hearing and, after considering the evidence, it was accepted that its location by survey allowed the subdivision of the lots to be designed to maximise the retention of Tetratheca Glandulosa. The retention of 80-90% of the population was considered acceptable when taken in the overall context of the incidence of the species elsewhere.

Mr Robertson's evidence essentially provides a critique of the applicant's new expert botanist, Mr James Warren's, findings on this issue. He sees serious inconsistencies with the " 8 part test " and other areas of his statement. Based on this, he describes Mr Warren's findings as " unconvincing " and as contradicting earlier information about the species.

Specifically, Mr Robertson takes issue with Warren's comments that any species found on lot 26 can be transplanted and with his ability to be able to accurately identify Tetratheca Glandulosa.

Mr Warren initially misidentified Tetratheca Glandulosa on lot 26, but, in his oral evidence, he explained the difficulty in distinguishing Tetratheca Glandulosa from the more common species. His final conclusions that no Tetratheca Glandulosa existed on the subject sites were based on advice from the National Herbarium of NSW after providing samples of those species over which he had some doubt.

As there was no evidence to refute the conclusions of Mr Warren that no Tetratheca Glandulosa existed on lot 26, there can be no impact on this species from this development.

7.4 Whether the site is " Duffys Forest Vegetation Community "? 91. The NSW Scientific Committee, established by the Threatened Species Conservation Act 1995 (" TSC Act "), recently listed the Duffys Forest Vegetation Community as an endangered ecological community in Part 3 of Schedule 1 of the TSC Act. This listing post dates the previous decision of the court, although the Duffys Forest Vegetation Community was a recognised vegetation community at the time of the previous hearing.

The Final Determination of the NSW Scientific Committee contains a range of plant species potentially characterising the Duffys Forest Vegetation Community as well as distinguishable soil types and soil landscapes.

It was common ground that the area at issue was in the general location of the area previously set aside at the north-east corner of the site for the protection of the Tetratheca Glandulosa.

Mr Robertson refers to the area as " transitional Duffys Forest ". This area was identified on a map prepared by Mr Robertson and includes not only the area previously set aside for the protection of the Tetratheca Glandulosa (lots 30 and 31) but two proposed dwelling sites on lot 26.

Mr Robertson concludes that there is very strong evidence to suggest that the vegetation community in lots 30, 31 and 26 is " transitional Duffys Forest" . He notes that fifty one (86.4%) of the species identified in the Final Determination have been recorded on lots 30, 31 and 26, and include many of the dominant species of the community.

On the issue of soils, the applicant relied upon the evidence of Dr Pamela Hazelton, a soil scientist. She concluded that the soil characteristics and landscape are those of the Somersby Soil Landscape, and that the soil investigated was a common laterite. This has occurred as an associated landscape within the Lambert Soil Landscape.

The soil type is the same as specified in the Somersby Soil Landscape which matches the description of the soil type, ie lateritic (ironstone) derived soil, described in the Final Determination for the Duffy Forest Vegetation Community.

Evidence on behalf of the applicant was provided by Mr Warren. In terms of plant species, his conclusion is that the site does not contain Duffys Forest vegetation as determined by the NSW Scientific Committee. In his oral evidence he accepted that the site was close to satisfying the criteria in the Final Determination, but the lack of Grevillia Caleyi was sufficient, in his view, to reject its classification as Duffys Forest Vegetation Community on the basis of plant species.

Mr Warren also relied on a report by Mr Michael Doherty of CSIRO Wildlife & Ecology, dated November 1998, and entitled " Statement of Environmental Effects for Development of part Crown Land Reserve and Ardel land at Allambie Heights, in relation to the history of Duffys Forest Vegetation Community as an Endangered Ecological Community ".

Despite having apparent floristic affinities with the Duffys Forest vegetation community, the definition provided by the Scientific Committee does not cover the combination of vegetation, soil type and topographic position found in the area through which the Crown Road passes or on the Ardel land. (Exhibit H7, App 7, p2). 101. On the question of soil, Mr Morse disagreed with Dr Hazelton's classification. He prepared a soil survey of the subject site in November 1995 ( Exhibit H7 , App 3) and found that the soils on the subject site are formed on the Lambert Soil Landscape and not Somersby or Blacktown landscapes identified in the Final Determination.

Mr Doherty, while accepting that the available mapping is not conclusive, considers that the site can be best described as transitional between Lucas Heights and Lambert soil landscapes, but not the Somersby or Blacktown soil landscapes. As with the Somersby and Blacktown soil landscapes, iron nodules also exist in soils of the Lucas Heights soil landscape.

Mr Doherty also states that, at the very least, the area above the subject site is shale of arguable origin. That area, while shale influenced, is downslope of the possible occurrence of Duffys Forest Vegetation Community, even if it does occur on parts of the Lucas Heights soil landscape.

While accepting the coarse scale of the mapping, the location of the subject site is some 500 metres off the main ridgeline and is not indicative of the flat ridgetop environment upon which the Duffys Forest vegetation is found.

It was generally agreed that the determination of whether the land is classified as Duffys Forest Vegetation Community involves three tests, these being the species composition, the soil type, and the soil landscape.

On the species composition, cl 3 of the Final Determination lists 59 species which characterise the Duffys Forest Vegetation Community. As noted above, and generally agreed, around 86% of these species have been recorded in lots 30, 31 and 26.

Clause 4 of the Final Determination states that " the total species list of the community is considerably larger than that in 3 (above) with many species present in only one or two sites or in very small quantity ".

Clause 6 of the Final Determination states that " the endangered shrub Grevillia Caleyi is restricted to Duffys Forest Vegetation Community though it is not necessarily present at all locations of the community ".

Importantly, Mr Robertson's conclusions are based on lots 30, 31 and 26. However, lots 30 and 31are proposed to be retained in their natural state because of the need to preserve the existing examples of Tetratheca Glandulosa.

In my view, the evidence clearly shows a link between the species on the site and those specified in the Final Determination.

While the Grevillia Caleyi was not found on the site, its absence does not guarantee that the vegetation community could not be classified as Duffys Forest. On the specific issue of plant species, the site could not be excluded from being a potential Duffys Forest Vegetation Community.

On the matter of soils, I prefer the evidence of Mr Morse, principally because of the more thorough investigation carried out for his soil analysis. In coming to this conclusion, I acknowledge that the time spent on the site (some 30 minutes on lots 31 and 30, but none on lot 26) by Dr Hazelton, was not of her choice, and less than ideal for a thorough assessment.

While Dr Hazelton found iron nodules on the site, Mr Doherty also stated that iron nodules also exist in the soils of the Lucas Heights soil landscape so not too much reliance can be placed on the existence of iron nodules on the site.

Notwithstanding that the site has been mapped on the Sydney 1:100,000 sheet as Lambert Soil Landscape, I would agree that little can be drawn from this soil landscape mapping because of the scale of the mapping and the small area under investigation. Clearly, preference should be given to a more site specific analysis.

Dealing with the soil landscape the Final Determination sets out he environment upon which the Duffys Forest Vegetation Community occurs.

It is described as " lateritic (ironstone) and deeply weathered shale derived soils on the ridgetops in the Duffys Forest/Ingleside/Belrose area well within Warringah, Pittwater and Ku-ring-gai Council areas " (par 1) and " lateritic soils on the ridgetops including part of the Somersby and Blacktown Soil Landscapes in the Duffys Forest/Terry Hills/Ingleside/Belrose areas. The soil can be distinguished from the surrounding sandstone soils by colour and the usual presence of ironstone modules " (par 5).

In Mr Morse's Soil Survey, he draws a strong distinction between the subject site and the lot to its north. The distinction between ridgetop land and land located off the ridgetops is clearly shown in his report.

The comments of Mr Doherty, in my view, provide an accurate description of the site in topographic terms. He states that if any areas in Allambie Heights are likely to show affinities with the Duffys Forest vegetation type, it will be those areas immediately to the north of the Warringah Aquatic Centre, and areas adjacent to the Wakehurst Parkway in this vicinity, closer to the main ridgeline and away from creeklines.

It is not acceptable for there to be a reasonably strong link with the designated plant species, without establishing an equally strong relationship with soil types and soil landscapes. Based on the evidence, I am not convinced that this relationship exists to the point where it could reasonably be established that the site contains the Duffys Forest Vegetation Community.

Overall, I must conclude that the subject site does not contain the Duffys Forest Vegetation Community, based on the specific matters raised in the Final Determination.

On this basis, s 5A of the EP&A Act has no part to play.

7.5 Whether the design and location of the proposed buildings is acceptable? 122. Evidence for the respondent was provided by Mr Paul Mitchell, a consultant town planner. His evidence relied, to a large extent, on an assessment based on the draft WLEP, which he described as a reflection of the Council's current intentions for the site and locality. In his opinion, determining weight should be given to the draft WLEP over DCP 19.

On this issue, the applicant's consultant town planner, Mr Stuart Harding, disagreed with Mr Mitchell, citing that DCP 19 is still the current planning control for the site. In any event, Mr Harding concludes that the proposal is not inconsistent with the relevant parts of draft WLEP.

I have already determined for reasons given earlier in this judgment that the principal planning controls for this proposal are WLEP 1985 and DCP 19, and the court's assessment of the proposal should reflect the controls in those documents.

The specific issues raised by the respondent are: (a) the setbacks of the garages to the street, (b) the 10m setback to the creekline, (c) the open space provision, and (d) the contribution to sustainable development.
On the issue of setbacks, Mr Mitchell relied on the draft WLEP Locality Statement for Aquatic Drive to conclude that a 10m setback should be provided. He does, however, acknowledge that the 10m setback could have been intended to apply to development on Aquatic Drive itself, rather than development on an internal road within the site. This was in fact confirmed through the Council's list of amendments to draft WLEP supplied to DUAP dated 9 July 1999 ( Exhibit W34 ). In any event, Mr Mitchell describes the setbacks as insufficient.

Mr Harding, in his oral evidence accepted that the garages would be visible when looking down the street. However, he would not consider that the garages proximate to the street are dominant or have any adverse urban design impact.

On this matter, I accept the evidence of Mr Harding.

With the development of higher density housing must come compromises in certain areas, including setbacks. The intention of DCP 19 is clear and the degree of higher density development was considered appropriate when considered in the previous hearing. In fact, at that time the Council argued that insufficient higher density housing was to be provided with the development of the total site.

With the provision of landscaping, I accept that the reduced setbacks are acceptable.

The setback to the creek was also seen as an issue. However, the relationship between the lots and the creek was dealt with in the previous hearing and considered to be appropriate.

Mr Mitchell also took issue with the provision of open space on each of the proposed lots. Based on his calculations, there is total non-compliance with the 50% provision required under draft WLEP. He, however, accepts that the private open space provision is complied with in terms of DCP 19. For this reason, I find the private open space provision acceptable.

Mr Mitchell addresses the question of Ecologically Sustainable Development (" ESD ") in some detail in his report. His conclusions are that the proposal will have a negative effect on a significant number of sustainability indicators, particularly those relating to the retention of green spaces and biodiversity, and, to some degree, transportation. He accepts that other indicators, such as energy, and air quality and water, materials and water, may be able to be imposed through appropriate conditions.

Mr Mitchell's comments, while being valid, must be considered in the context of the particular site. While there may be a very valid argument that the site should be retained in its natural state, the fact remains that it has been zoned for residential purposes. It is in this light that it must be considered.

The impact on flora and fauna has been extremely thoroughly researched and was subjected to much discussion in the two hearings before this court, as has the potential impact on Manly Dam. Its location close to public transport is also a matter essentially decided when the land was rezoned in 1992.

I also note that despite Mr Mitchell's concerns over the lack of consideration given to the ecological sustainability of the development, those matters he considers could be adequately addressed through specific conditions, have not been included in the draft conditions.

I have determined that all three appeals should be upheld, principally on the basis that the majority of issues raised by the Council were addressed in the previous hearing, and because the developments involved seem to the court to comply with the objectives of WLEP 1985 and DCP 19.

Where new matters, such as the Draft WLEP, the Stormwater Management Plan, and the inclusion of the Duffys Forest Vegetation community into Schedule 1 of the TCS Act, were raised, the evidence suggested that these matters were either adequately addressed in the previous hearing, or could not justify a refusal of the applications.

The conclusion in the previous hearing stated that the applicant had meaningfully addressed the constraints that have an impact on the site, and a similar comment could be made for the subject applications.

The parties successfully negotiated the appropriate conditions to impose on each of the applications and the court is content to adopt these in the approvals.

The formal orders of the court are:
1. Appeal No.10739 of 1999 is upheld, and the Applicant's development application seeking approval for the subdivision of part of lot 7 and lot 17 into five lots, and the erection of a dwelling on each lot, is determined by the grant of consent subject to the conditions in Annexure " A ".
2. Appeal No.10740 of 1999 is upheld, and the Applicant's development application seeking approval for the subdivision of lot 23 and lot 26 into seven lots and the erection of a dwelling on each lot, is determined by the grant of consent subject to the conditions in Annexure " B ".
3. Appeal No.10741 of 1999 is upheld, and the Applicant's development application seeking approval for the subdivision of part of lot 7 into five lots, and the erection of a dwelling on each lot, is determined by the grant of consent subject to the conditions in Annexure " C ".
4. All the exhibits may be returned except Exhibits W5-W7 .

Proceeding no. 10740 of 1999 Without Prejudice Conditions of Consent

Land and Environment Court Proceeding 10739 of 1999

Development Application 1938 DA Proposing the subdivision of proposed Lot 7 into 2 Lots and a residue, the subdivision of proposed Lot 17 into 3 Lots and the erection of a dwelling house on each of the 5 Lots

Development being generally in accordance with plans numbered 9901(3)DA-1B, dated 9.7.99, 9901(3)DA-2D, 9901(3)DA-3D both dated 16.8.99, 9901(3)DA-4C dated 21.7.99, 9901(3)DA-5C, dated 16.8.99, 9901(3)DA-6B, dated 14.7.99, 9901(3)DA-7C, dated 16.8.99, and landscape plan numbered PSL2633/DA02 "A" as modified by any conditions of this consent. (C1)

At least 2 days prior to work commencing on site Council must be informed, by the submission of Form 7 of the Environmental Planning and Assessment Regulation 1998 of the name and details of the Principal Certifying Authority and the date construction work is proposed to commence. (C168)

2A No works authorized by this consent in connection with the erection of the proposed dwelling-houses shall be carried out prior to the registration by the Registrar-General under Part 23 of Conveyancing Act 1919 of the plan of subdivision for which consent was granted by the Land and Environment Court of New South Wales in proceedings number 10427 of 1997 and in proceedings number 10739 of 1999 .

Compliance with Building Code of Australia (1) All building work must be carried out in accordance with the provisions of the Building Code of Australia. (2) This clause does not apply to the extent to which an exemption is in force under Clause 80H or 80I, subject to the terms of any condition or requirement referred to in Clause 80H (6) or 80I (4). (C375)

Residential Building Work (1) Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the principal certifying authority for the development to which the work relates: a) in the case of work to be done by a licensee under that Act: (i) has been informed in writing of the licensee's name and contractor licence number, and (ii) is satisfied that the licensee has complied with the requirements of Part 6 of that Act, OR b) in the case of work to be done by any other person: (i) has been informed in writing of the person's name and owner-builder permit number, or (ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the definition of owner-builder work in section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs. NOTE: the amount referred to in paragraph (b)(ii) is prescribed by regulations under the Home Building Act 1989. As at the date on which this Regulation was Gazetted, that amount was $3,000. As those regulations are amended from time to time, as that amount may vary. (2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purpose of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part. (C377)

Toilet Facilities (1) 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 of 20 persons employed at the site. (2) Each toilet provided: (a) must be a standard flushing toilet, and (b) must be connected: (i) to a public sewer, or (ii) if 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 sewage management facility is not practicable, to some other sewage management facility approved by Council. (3) The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced. (4) In this clause:

accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in Clause 95B of the Regulation. - approved by the Council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993. - public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993. - sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. (C383)

A Construction Certificate is required to be approved by either Council or an Accredited Certifier, prior to the commencement of any works on the site. (C165)

Any Construction Certificate that may be issued in association with this development consent must ensure that any certified plans and designs are generally consistent (in terms of site layout, site levels, building location, size, external configuration and appearance) with the approved Development Application plans and conditions. (C166)

A survey certificate prepared by a registered Surveyor being submitted to the P.C.A. at the following stages of construction: (a) commencement of perimeter walls to ensure the wall to boundary setbacks are in accordance with the approved details: (i) courses of brickwork; (ii) engaged piers; (iii) structural support poles/columns of the building. (b) At ground level to ensure the finished floor levels are in accordance with the approved levels, prior to concrete slab being poured/flooring being laid. (c) At completion of the roof frame confirming the finished roof/ridge height is in accordance with levels indicated on the approved plans. (C323)

The hours of construction and/or work being restricted to Monday to Friday, 7am to 5pm, Saturday 7am to 1pm, no work on Sunday and Public Holidays, where the construction or work in the opinion of Council interferes with the amenity of the neighbourhood by the emission of noise, chemical or physical pollutants or otherwise. In respect of noise, the L10 level (average maximum noise levels) measured over a period of 15 minutes when the construction site is in operation must not exceed background noise level by more than 10dB(A). (C325)

All works on the site shall be undertaken to prevent erosion and transport of soil and sediment off the site and onto adjoining properties. Measures shall be taken in accordance with the requirements of Warringah Council's Specification for Erosion and Sediment Control and a plan detailing the measures shall be submitted to the Council for approval prior to issue of the Construction Certificate. The plan is to detail measures to protect the creek and riparian vegetation adjacent to dwelling 17.01 and 17.03 during all construction works including the erection of boundary fences.

Provision shall be made throughout the period of construction to prevent transmission of soil to the public road and drainage system by vehicles leaving the site. (C44)

Compliance Certificate (Inspections) are required at the following stages of construction: (a) Preliminary - immediately following the setting out of the development footprint prior to excavation and/or formation of footings or slabs with environmental protection measures and toilet facilities installed. (b) Building Envelope - completion of the envelope skeleton prior to fixing of internal linings (where applicable). (c) Final - prior to occupation/use, the satisfactory completion of the building works with respect to: (i) Compliance Certificates (inspections) as nominated (ii) Compliance Certificates (components) as nominated. (C396)

The fee(s) required for a Council Compliance Certificate inspection(s) is $1,500.00 and it is to be paid prior to Council issuing the Construction Certificate. NOTE: Each Compliance Certificate inspection fee is $100.00. Where Construction Certificates and Compliance Certificates are issued by external accredited certifiers the above fee is not required. (C397)

The following component certificates are required to be submitted to Council prior to occupation/use of the building, to ensure compliance with the Building Code of Australia and relevant Australian Standards: (C399)
Structural Engineers certificate covering the supervision of all structural work and adequacy of the building.
Electrical contractors certificate stating the smoke alarm system has been installed in accordance with AS 3786-1993 "Fire Alarms".
Plumbing and Drainage contractors certificate indicating that sewer/waste water system has been installed and completed in accordance with the Sydney Water requirements.
Accredited waterproof installers certificate which certifies the waterproofing system has been applied in accordance with the manufactures recommendations and AS 3470-1994 "Waterproofing of Wet Areas in Residential Buildings".
Registered pest contractors certificate which states termite control measures have been installed in accordance with AS 3660.1-1995 "Protection of Buildings from subterranean termites Part 1 New Buildings". (C300)

Stormwater being piped to either Council's street drainage system or to the interallotment drainage easement. (C301)

Prior to the release of the Construction Certificate, the accredited certifier to ensure that stormwater from each allotment can be piped by gravitational means to the stormwater system located in proposed Lot 29.

The grass verge to the roadway to be graded for its full width to a crossfall of 3% rising from the top of kerb unless tree preservation or retaining wall construction does not permit this. (C82)

Building waste containers or "skips" and the like are not to be placed within the public road reserve unless approval from Warringah Council has been obtained prior to issue of the Construction Certificate and appropriate fees paid. (C105)

A construction management plan being submitted to Council for approval prior to release of Construction Certificate. The plan to detail: (a) The location of all trees on individual allotments, and adjoining land in proximity of the work and nominating those to be retained and those to be removed as per drawing PSL 2633/DA02 "A". (b) The method of protection of those trees to be retained specifying how tree roots, trunks and canopies are to be protected. Particular regard to be had to those trees located within the construction zone of the works and adjacent to fences, dwellings and roadways. (c) The cut and fill ratio and volume of material involved in the construction of driveways and dwelling houses and nominating where fill material is to be imported from or exported to. (d) The location of soil stockpiles, material compounds and the extent of construction activity. (e) Proposed staging of the works. (f) The location of all boundary fences.

20A. Those trees nominated for removal on drawing PSL2633/DA02A may be removed to carryout the works subject of this consent.

All vehicle access for the construction period shall be confined to a stabilized entry/exit/crossing and driveway 3 metres wide installed and maintained to the reasonable satisfaction of Council or the principal certifying authority to prevent damage to the Council road. (C107)

Payment to Warringah Council of a $10,000 bond as security against damage to Council's roads caused by the transport and disposal of materials and equipment to an from the site to Account No. 009 TF037. This amount to be paid prior to the issue of the Construction Certificate and to be verified by the accredited certifier. (C108)

All disturbed areas adjacent to the works on Council's road and footpath are to be restored to the satisfaction of Council.

All construction and restoration work on Council's road and footpath area are to be carried out strictly in accordance with the approved drawings and Council's Standard Specifications. (C110)

The total cost of all construction and restoration works on Council's road and footpath shall be borne by the developer/applicant. (C112)

No excavation or construction work to commence on site until all silt/sediment control measures are in place. (C317)

The creation of easements to drain water in favour of either proposed lot over the stormwater drainage and detention system and Council drainage lines where it drains through any other proposed lot.

The submission of a plan prepared by a registered surveyor showing the location of water, gas, Telecom, electricity and stormwater drainage in relation to boundaries and/or relevant easements. The plan should be a copy of the final plan of subdivision on which the above items are clearly annotated. (C26)

The provision of separate electricity, gas, Telecom, sewer and water services to each lot. The certifier to verify that these services are able to be provided prior to the issue of the Construction Certificate. (C27)

All electrical and telephone mains in new subdivisions are to be placed underground. You are therefore requested to contact the appropriate utility authorities to ensure that the policy is adhered to in this subdivision. The adjustment of public utilities and services as necessary are to be effected at the full cost to the applicant. (C43)

The payment of $10,000.00 in cash or bank guarantee to account WCPB 3320-B3330 prior to issue of a Construction Certificate as security to ensure that: (a) all silt and sediment control measures are installed and maintained; (b) there is no transmission of material, soil etc off the site and onto the public road and/or drainage systems; and (c) maintenance of all facilities in accordance with Council's Specification for Erosion Control and Sediment Control. (C42)

All utilities/services and street lighting to be installed prior to the release of the subdivision certificate. (C60)

The Council approved plans are to be stamped by Sydney Water and notice of requirement letter obtained and both submitted to the Principle Certifying Authority (PCA) prior to issue of the Subdivision Certificate. A section 73 Compliance Certificate under the Sydney Water Act 1994 is to be submitted to the PCA prior to occupation of the development or issue of Subdivision Certificate. Sydney Water may require works to be constructed and/or developer charges to be paid and accordingly an application is to be made to Sydney Water. (C58)

With the application for the Subdivision Certificate the applicant is required to submit a completed subdivision certificate form, a final plan of subdivision and nine copies, prepared in accordance with the requirements of the Conveyancing Act. All plans of survey are to show connections to at least two Survey Co-Ordination Permanent Marks. (C59)

The public footways and roadways adjacent to the site shall be maintained at all times during the course of the work in a safe condition. (C88)

Provision of 5 vehicle crossing(s), 4 metres wide in accordance with Warringah Council Drawing No. A4-3330 to approved levels and specifications. An application for street levels is to be made prior to issue of the Construction Certificate. (C89)

37 Construction of approved kerb laybacks in accordance with the details shown on Warringah Council Plan A4-2276. (C90)

The submission to Council or the private certifier of four (4) copies of Civil Engineering plans for the design of roadworks and stormwater drainage works required in Lots 7.06 and 7.07 and Lots 17.01 to 17.03 including long and cross sections, details of proposed structures and specifications. Such designs shall be: (a) Prepared and submitted on A1 size sheets, (b) Undertaken by a Consulting Civil Engineer (or by such other person as may be approved by Council), (c) Approved and stamped by Council or the private certifier prior issue of the construction certificate, (d) Subject to the prescribed Engineering Development Fees paid to Council prior to the release of the Construction Certificate (to be paid into Account 12912), (e) Upon completion of the works, the applicant is to provide to Council 2 copies of "work as executed plans". The plans are to show relevant dimensions and finished levels and are to be certified by a surveyor. Also the applicant is to provide to Council in an approved formal details of all public infrastructure created as part of the works, (f) All Civil Engineering works are to be fully supervised by the consultant responsible for their design, or by such person as may be approved by Council, and on completion certified to be in accordance with the approved plans, conditions of construction and Council's standard specification for engineering works, (g) A maintenance period of six (6) months shall apply to the work, after it has been completed and approved in writing by Council or the Principal Certifying Authority. In that period the applicant shall be liable for any part of the work which fails to perform in the manner outlined in Council's specifications, or as would reasonably be expected under the design conditions. Council will require a Security Deposit/Bank Guarantee prior to issue of the final Compliance Certificate or Subdivision Certificate to ensure rectification of any defects during the maintenance period. (C93)

A declaration by a registered surveyor shall be provided to evidence that all construction has been effected within the appropriate property and easement boundaries. This shall be in the form of a copy of the final subdivision or easement plan, with the distances from the boundaries to the edges of these structures endorsed in red thereon and signed by the surveyor. (C97)

The payment of the following developer contributions prior to the approval of the Construction Certificate. $2,030.00 to S94 Part A - Embellishment of Open Space - Warringah Area (AC 28002) $940.00 to S94 Part E - Warringah Mall Public Library - (AC 28019) $5.010.00 to S94 Part F - Child Care Centres - (AC 28020) $1,070.00 to S94 Part I - Roads and Traffic Management - (AC 28023) $3,545.00 to S94 Part G - Community Centres - Warringah Council - (AC 28021) $12,595.00 Total Section 94 Fee These amounts have been calculated using the Warringah Section 94 Contributions Plan. They are current at the time of issue of this Consent. They will be adjusted at the time of payment according to the quarterly CPI (Sydney - All Groups Index). An updated schedule of Council's contribution rate is issued each quarter and is available at Council's office. Please ensure that you provide details of this Consent when paying contributions so that they can be easily recalculated.

41 The Landscape Plan to be amended as follows: Remove from the Planting Schedule: Eucalyptus globoidea. Replace with either: Angophora crassifolia, Eucalyptus punctata or Eucalyptus piperita. Remove from the Planting Schedule: Angophora bakeri. Replace with: Angophora crassifolia. Remove from the Planting Schedule: Callitris rhomboidea. Replace with either: Callitris rhomboidea Allocasuarina littoralis, or other plants on the schedule. Remove from the Planting Schedule: Elaeocarpus reticulates. Replace with other plans on the schedule. Remove from the Planting Schedule: Grevillea rosmarinifolia and Westringia fruticosa. Replace with either: Lambertia Formosa, Persoonia levis, Hakea sericea, H. teretifolia, Prostranthera denticulate, Callistemon linearis or other plants on the schedule. Remove from the Planting Schedule: Grevillea "Bronze Rambler". Replace with either: Dampiera stricta, Goodenia bellidifolia, Scaevola ramosissima, Tetratheca ericifloia, Dianella caerulea var. producta.

Each dwelling is to be provided with adequate site facilities including a garbage bin enclosure, mailbox and clothesline. These facilities are to be designed to be conveniently located and visually attractive.

Land and Environment Court Proceeding 10740 of 1999

Development Application 1933 DA Proposing the subdivision of proposed Lot 23 into 5 Lots and subdivision of proposed Lot 26 into 2 Lots and the erection of a dwelling house on each Lot

Development being generally in accordance with plans numbered 9901(1)DA-1A, dated 30.4.99, 9901(1)DA-2C, dated 21.7.99, 9901(1)DA-3C dated 21.7.99, 9901(1)DA-4C, dated 16.8.99 9901(1)DA-5B, dated 16.8.99, 9901(1)DA-6A, dated 9.7.99, 9901(1)DA-7C, dated 21.7.99, 9901(1)DA-8A, dated 14.7.99, 9901(1)DA-9A, dated 21.7.99, and landscape plan No. PSL2633/DA03, dated May 1999 as modified by any conditions of this consent. (C1)

At least 2 days prior to work commencing on site Council must be informed, by the submission of Form 7 of the Environmental Planning and Assessment Regulation 1998 of the name and details of the principal Certifying Authority and the date construction work is proposed to commence. (C168)

Compliance With Building Code of Australia (1) All building work must be carried out in accordance with the provisions of the Building Code of Australia. (2) This clause does not apply to the extent to which an exemption is in force under Clause 80H or 80I, subject to the terms of any condition or requirement referred to in Clause 80H (6) or 80I (4). (C375)

Residential Building Work (1) Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the principal certifying authority for the development to which the work relates: a) in the case of work to be done by a licensee under that Act: (i) has been informed in writing of the licensee's name and contractor licence number, and (ii) is satisfied that the licensee has complied with the requirements of Part 6 of that Act, OR b) in the case of work to be done by any other person: (i) has been informed in writing of the person's name and owner-builder permit number, or (ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the definition of owner-builder work in section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs. NOTE: the amount referred to in paragraph (b)(ii) is prescribed by regulations under the Home Building Act 1989. As at the date on which this Regulation was Gazetted, that amount was $3,000. As those regulations are amended from time to time, as that amount may vary. (2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purpose of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part. (C377)

Toilet Facilities (1) 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 of 20 persons employed at the site. (2) Each toilet provided: (a) must be a standard flushing toilet, and (b) must be connected: (i) to a public sewer, or (ii) if 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 sewage management facility is not practicable, to some other sewage management facility approved by Council. (3) The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced. (4) In this clause:

accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in Clause 95B of the Regulation. - approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993. - sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. (C383)

A Construction Certificate is required to be approved by either Council or an Accredited Certifier, prior to the commencement of any works on the site. (C165)

Any Construction Certificate that may be issued in association with this development consent must ensure that any certified plans and designs are generally consistent (in terms of site layout, site levels, building location, size, external configuration and appearance) with the approved Development Application plans and conditions. (C166)

A survey certificate prepared by a registered Surveyor being submitted to the P.C.A. at the following stages of construction: (a) commencement of perimeter walls to ensure the wall to boundary setbacks are in accordance with the approved details: (i) courses of brickwork; (ii) engaged piers; (iii) structural support poles/columns of the building. (b) At ground level to ensure the finished floor levels are in accordance with the approved levels, prior to concrete slab being poured/flooring being laid. (c) At completion of the roof frame confirming the finished roof/ridge height is in accordance with levels indicated on the approved plans. (C323)

The hours of construction and/or work being restricted to Monday to Friday, 7am to 5pm, Saturday 7am to 1pm, no work on Sunday and Public Holidays, where the construction or work in the opinion of Council interferes with the amenity of the neighbourhood by the emission of noise, chemical or physical pollutants or otherwise. In respect of noise, the L10 level (average maximum noise levels) measured over a period of 15 minutes when the construction site is in operation must not exceed background noise level by more than 10dB(A). (C325)

Provision shall be made throughout the period of construction to prevent transmission of soil to the public road and drainage system by vehicles leaving the site. (C44)

All works on the site shall be undertaken to prevent erosion and transport of soil and sediment off the site and onto adjoining properties. Measures shall be taken in accordance with the requirements of Warringah Council's Specification for Erosion and Sediment Control and a plan detailing the measures shall be submitted to the Council for approval prior to issue of the Construction Certificate. The plan is to detail measures to protect the creek and riparian vegetation adjacent to dwellings 23.01, 23.02, 23.03, 23.04 and 23.05 during all construction works including erection of boundary fences.

Compliance Certificate (Inspections) are required at the following stages of construction: (a) Preliminary - immediately following the setting out of the development footprint prior to excavation and/or formation of footings or slabs with environmental protection measures and toilet facilities installed. (b) Building Envelope - completion of the envelope skeleton prior to fixing of internal linings (where applicable). (c) Final - prior to occupation/use, the satisfactory completion of the building works with respect to: (i) Compliance Certificates (inspections) as nominated (ii) Compliance Certificates (components) as nominated. (C396)

The fee(s) required for a Council Compliance Certificate inspection(s) is $2,100.00 and it is to be paid prior to Council issuing the Construction Certificate. NOTE: Each Compliance Certificate inspection fee is $100.00. Where Construction Certificates and Compliance Certificates are issued by external accredited certifiers the above fee is not required. (C397)

The following component certificates are required to be submitted to Council prior to occupation/use of the building, to ensure compliance with the Building Code of Australia and relevant Australian Standards: (C399)
Structural Engineers certificate covering the supervision of all structural work and adequacy of the building.
Electrical contractors certificate stating the smoke alarm system has been installed in accordance with AS 3786-1993 "Fire Alarms".
Plumbing and Drainage contractors certificate indicating that sewer/waste water system has been installed and completed in accordance with the Sydney Water requirements.
Accredited waterproof installers certificate which certifies the waterproofing system has been applied in accordance with the manufactures recommendations and AS 3470-1994 "Waterproofing of Wet Areas in Residential Buildings".
Registered pest contractors certificate which states termite control measures have been installed in accordance with AS 3660.1-1995 "Protection of Buildings from subterranean termites Part 1 New Buildings". (C300)

Stormwater being piped to either Council's street drainage system or to the interallotment drainage easement. (C301)

Prior to the release of the Construction Certificate, the accredited certifier to ensure that stormwater from each allotment can be piped by gravitational means to the stormwater system located in proposed Lot 29. (C129)

The grass verge to the roadway to be graded for its full width to a crossfall of 3% rising from the top of kerb unless tree preservation or retaining wall construction does not permit this .

Building waste containers or "skips" and the like are not to be placed within the public road reserve unless approval from Warringah Council has been obtained prior to issue of the Construction Certificate and appropriate fees paid. (C105)

A construction management plan being submitted to Council for approval prior to release of the Construction Certificate. The plan to detail: (a) The location of all trees on individual allotments, and adjoining land in proximity of the work and nominating those to be retained and those to be removed as per drawing PSL 2633/DA03 dated May 1999. (b) The method of protection of those trees to be retained specifying how tree roots, trunks and canopies are to be protected. Particular regard to be had to those trees located within the construction zone of the works and adjacent to fences, dwellings and roadways. (c) The cut and fill ratio and volume involved in the construction of driveways and dwelling houses and nominating where fill material is to be imported from or exported to. (d) The location of soil stockpiles, material compounds extent of construction activity. (e) The retention and protection of the two trees nominated to be removed adjacent to Lot 30 near the boundary with Lot 26 within the "road reserve area". (f) Proposed staging of the works. (g) The location of all boundary fences.

20A. Those trees nominated for removal on drawing PSL2633/DA03 may be removed to carryout the works the subject of this consent subject to the provisions of condition 20.

All vehicle access for the construction period shall be confined to a stabilized entry/exit/crossing and driveway 3 metres wide installed and maintained to the reasonable satisfaction of Council or the principal certifying authority to prevent damage to the Council road. (C107)

Payment to Warringah Council of a $10,000.00 bond as security against damage to Council's roads caused by the transport and disposal of materials and equipment to an from the site to Account No. 009 TF037. This amount to be paid prior to the issue of the Construction Certificate and to be verified by the accredited certifier. (C108)

All disturbed areas adjacent to the works on Council's road and footpath are to be restored to the satisfaction of Council. (C111)

All construction and restoration work on Council's road and footpath area are to be carried out strictly in accordance with the approved drawings and Council's Standard Specifications. (C110)

The total cost of all construction and restoration works on Council's road and footpath shall be borne by the developer/applicant. (C112)

No excavation or construction work to commence on site until all silt/sediment control measures are in place. (C317)

The creation of easements to drain water in favour of either proposed lot over the stormwater drainage and detention system and Council drainage lines where it drains through any other proposed lot.

The submission of a plan prepared by a registered surveyor showing the location of water, gas, Telecom, electricity and stormwater drainage in relation to boundaries and/or relevant easements. The plan should be a copy of the final plan of subdivision on which the above items are clearly annotated. (C26)

The provision of separate electricity, gas, Telecom, sewer and water services to each lot. The certifier to verify that these services are able to be provided prior to the issue of the Construction Certificate. (C27)

All electrical and telephone mains in new subdivisions are to be placed underground. You are therefore requested to contact the appropriate utility authorities to ensure that the policy is adhered to in this subdivision. The adjustment of public utilities and services as necessary are to be effected at the full cost to the applicant. (C43)

The payment of $10,000.00 in cash or bank guarantee to account WCPB 3320-B3330 prior to issue of a Construction Certificate as security to ensure that: (a) all silt and sediment control measures are installed and maintained; (b) there is no transmission of material, soil etc off the site and onto the public road and/or drainage systems; and (c) maintenance of all facilities in accordance with Council's Specification for Erosion Control and Sediment Control. (C42)

All utilities/services and street lighting to be installed prior to the release of the subdivision certificate. (C60)

The Council approved plans are to be stamped by Sydney Water and notice of requirement letter obtained and both submitted to the Principle Certifying Authority (PCA) prior to issue of the Subdivision Certificate. A section 73 Compliance Certificate under the Sydney Water Act 1994 is to be submitted to the PCA prior to occupation of the development or issue of Subdivision Certificate. Sydney Water may require works to be constructed and/or developer charges to be paid and accordingly an application is to be made to Sydney Water. (C58)

With the application for the Subdivision Certificate the applicant is required to submit a completed subdivision certificate form, a final plan of subdivision and nine copies, prepared in accordance with the requirements of the Conveyancing Act. All plans of survey are to show connections to at least two Survey Co-Ordination Permanent Marks. (C59)

The public footways and roadways adjacent to the site shall be maintained at all times during the course of the work in a safe condition. (C88)

Provision of 7 vehicle crossing(s), 4 metres wide in accordance with Warringah Council Drawing No. A4-3330 to approved levels and specifications. An application for street levels is to be made prior to issue of the Construction Certificate. (C89)

Construction of approved kerb laybacks in accordance with the details shown on Warringah Council Plan A4-2276. (C90)

The submission to Council or the private certifier of four (4) copies of Civil Engineering plans for the design of roadworks and stormwater drainage works required in Lots 23.01 to 23.05 and Lots 26.1 and 26.2 including long and cross sections, details of proposed structures and specifications. Such designs shall be: (a) Prepared and submitted on A1 size sheets, (b) Undertaken by a Consulting Civil Engineer (or by such other person as may be approved by Council), (c) Approved and stamped by Council or the private certifier prior issue of the construction certificate, (d) Subject to the prescribed Engineering Development Fees paid to Council prior to the release of the Construction Certificate (to be paid into Account 12912), (e) Upon completion of the works, the applicant is to provide to Council 2 copies of "work as executed plans". The plans are to show relevant dimensions and finished levels and are to be certified by a surveyor. Also the applicant is to provide to Council in an approved formal details of all public infrastructure created as part of the works, (f) All Civil Engineering works are to be fully supervised by the consultant responsible for their design, or by such person as may be approved by Council, and on completion certified to be in accordance with the approved plans, conditions of construction and Council's standard specification for engineering works, (g) A maintenance period of six (6) months shall apply to the work, after it has been completed and approved in writing by Council or the Principal Certifying Authority. In that period the applicant shall be liable for any part of the work which fails to perform in the manner outlined in Council's specifications, or as would reasonably be expected under the design conditions. Council will require a Security Deposit/Bank Guarantee prior to issue of the final Compliance Certificate or Subdivision Certificate to ensure rectification of any defects during the maintenance period. (C93)

A declaration by a registered surveyor shall be provided to evidence that all construction has been effected within the appropriate property and easement boundaries. This shall be in the form of a copy of the final subdivision or easement plan, with the distances from the boundaries to the edges of these structures endorsed in red thereon and signed by the surveyor. (C97)

The payment of the following developer contributions prior to the approval of the Construction Certificate. $2,842.00 to S94 Part A - Embellishment of Open Space - Warringah Area (AC 28002) $1,316.00 to S94 Part E - Warringah Mall Public Library - (AC 28019) $7,014.00 to S94 Part F - Child Care Centres - (AC 28020) $1,498.00 to S94 Part I - Roads and Traffic Management - (AC 28023) $4,963.00 to S94 Part G - Community Centres - Warringah Council - (AC 28021) $17,633.00 Total Section 94 Fee These amounts have been calculated using the Warringah Section 94 Contributions Plan. They are current at the time of issue of this Consent. They will be adjusted at the time of payment according to the quarterly CPI (Sydney - All Groups Index). An updated schedule of Council's contribution rate is issued each quarter and is available at Council's office. Please ensure that you provide details of this Consent when paying contributions so that they can be easily recalculated.

The Landscape Plan to be amended as follows: Remove from the Planting Schedule: Eucalyptus globoidea. Replace with either: Angophora crassifolia, Eucalyptus punctata or Eucalyptus piperita. Remove from the Planting Schedule: Angophora bakeri. Replace with: Angophora crassifolia. Remove from the Planting Schedule: Callitris rhomboidea. Replace with other plants on the schedule. Remove from the Planting Schedule: Grevillea rosmarinifolia and Westringia fruticosa. Replace with either: Lambertia Formosa, Persoonia levis, Hakea sericea, H. teretifolia, Prostranthera denticulate, Callistemon linearis or other plants on the schedule. Remove from the Planting Schedule: Grevillea "Bronze Rambler". Replace with either: Dampiera stricta, Goodenia bellidifolia, Scaevola ramosissima, Tetratheca ericifloia, Dianella caerulea var. producta.

Each dwelling is to be provided with adequate site facilities including a garbage bin enclosure, mailbox and clothesline. These facilities are to be designed to be conveniently located and visually attractive. Without Prejudice Conditions of Consent

Land and Environment Court Proceeding 10741 of 1999

Development Application 1937 DA Proposing the subdivision of part of proposed Lot 7 into 5 Lots plus a residue Lot and the erection of a dwelling house on each of the 5 Lots

Development being generally in accordance with plans numbers 9901(2)DA-1A, dated 30.4.99, 9901(2)DA-2D, 9901(2)DA-3D, 9901(2)DA-4B, 9901(2)DA-5C, 9901(2)DA-6A, all dated 16.8.99, and landscape plan numbered PSL2633/DA01, dated May 1999 as modified by any conditions of this consent. (C1)
At least 2 days prior to work commencing on site Council must be informed, by the submission of Form 7 of the Environmental Planning and Assessment Regulation 1998 of the name and details of the principal Certifying Authority and the date construction work is proposed to commence. (C168)

Compliance With Building Code of Australia (1) All building work must be carried out in accordance with the provisions of the Building Code of Australia. (2) This clause does not apply to the extent to which an exemption is in force under Clause 80H or 80I, subject to the terms of any condition or requirement referred to in Clause 80H (6) or 80I (4). (C375)

Residential Building Work (1) Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the principal certifying authority for the development to which the work relates: a) in the case of work to be done by a licensee under that Act: (i) has been informed in writing of the licensee's name and contractor licence number, and (ii) is satisfied that the licensee has complied with the requirements of Part 6 of that Act, OR b) in the case of work to be done by any other person: (i) has been informed in writing of the person's name and owner-builder permit number, or (ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the definition of owner-builder work in section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs. NOTE: the amount referred to in paragraph (b)(ii) is prescribed by regulations under the Home Building Act 1989. As at the date on which this Regulation was Gazetted, that amount was $3,000. As those regulations are amended from time to time, as that amount may vary. (2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purpose of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part. (C377)

Toilet Facilities (1) 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 of 20 persons employed at the site. (2) Each toilet provided: (a) must be a standard flushing toilet, and (b) must be connected: (i) to a public sewer, or (ii) if 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 sewage management facility is not practicable, to some other sewage management facility approved by Council. (3) The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced. (4) In this clause:

accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in Clause 95B of the Regulation. - approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993. - sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. (C383)

A Construction Certificate is required to be approved by either Council or an Accredited Certifier, prior to the commencement of any works on the site. (C165)

Any Construction Certificate that may be issued in association with this development consent must ensure that any certified plans and designs are generally consistent (in terms of site layout, site levels, building location, size, external configuration and appearance) with the approved Development Application plans and conditions. (C166)

A survey certificate prepared by a registered Surveyor being submitted to the P.C.A. at the following stages of construction: (a) commencement of perimeter walls to ensure the wall to boundary setbacks are in accordance with the approved details: (i) courses of brickwork; (ii) engaged piers; (iii) structural support poles/columns of the building. (b) At ground level to ensure the finished floor levels are in accordance with the approved levels, prior to concrete slab being poured/flooring being laid. (c) At completion of the roof frame confirming the finished roof/ridge height is in accordance with levels indicated on the approved plans. (C323)

The hours of construction and/or work being restricted to Monday to Friday, 7am to 5pm, Saturday 7am to 1pm, no work on Sunday and Public Holidays, where the construction or work in the opinion of Council interferes with the amenity of the neighbourhood by the emission of noise, chemical or physical pollutants or otherwise. In respect of noise, the L10 level (average maximum noise levels) measured over a period of 15 minutes when the construction site is in operation must not exceed background noise level by more than 10dB(A). (C325)

Provision shall be made throughout the period of construction to prevent transmission of soil to the public road and drainage system by vehicles leaving the site. (C44)

All works on the site shall be undertaken to prevent erosion and transport of soil and sediment off the site and onto adjoining properties. Measures shall be taken in accordance with the requirements of Warringah Council's Specification for Erosion and Sediment Control and a plan detailing the measures shall be submitted to the Council for approval prior to issue of the Construction Certificate.

Compliance Certificate (Inspections) are required at the following stages of construction: (a) Preliminary - immediately following the setting out of the development footprint prior to excavation and/or formation of footings or slabs with environmental protection measures and toilet facilities installed. (b) Building Envelope - completion of the envelope skeleton prior to fixing of internal linings (where applicable). (c) Final - prior to occupation/use, the satisfactory completion of the building works with respect to: (i) Compliance Certificates (inspections) as nominated (ii) Compliance Certificates (components) as nominated. (C396)

The fee(s) required for a Council Compliance Certificate inspection(2) is $1,500.00 and it is to be paid prior to Council issuing the Construction Certificate. NOTE: Each Compliance Certificate inspection fee is $100.00. Where Construction Certificates and Compliance Certificates are issued by external accredited certifiers the above fee is not required. (C397)

The following component certificates are required to be submitted to Council prior to occupation/use of the building, to ensure compliance with the Building Code of Australia and relevant Australian Standards: (C399)
Structural Engineers certificate covering the supervision of all structural work and adequacy of the building.
Electrical contractors certificate stating the smoke alarm system has been installed in accordance with AS 3786-1993 "Fire Alarms".
Plumbing and Drainage contractors certificate indicating that sewer/waste water system has been installed and completed in accordance with the Sydney Water requirements.
Accredited waterproof installers certificate which certifies the waterproofing system has been applied in accordance with the manufactures recommendations and AS 3470-1994 "Waterproofing of Wet Areas in Residential Buildings".
Registered pest contractors certificate which states termite control measures have been installed in accordance with AS 3660.1-1995 "Protection of Buildings from subterranean termites Part 1 New Buildings". (C300)

Stormwater being piped either to Council's street drainage system or to the interallotment drainage easement. (C301)

Prior to the release of the Construction Certificate, the accredited certifier to ensure that stormwater from each allotment can be piped by gravitational means to the stormwater system located in the proposed Lot 29.

The grass verge to the roadway to be graded for its full width to a crossfall of 3% rising from the top of kerb unless tree preservation or retaining wall construction does not permit this .

Building waste containers or "skips" and the like are not to be placed within the public road reserve unless approval from Warringah Council has been obtained prior to issue of the Construction Certificate and appropriate fees paid. (C105)

A construction management plan being submitted to Council for approval prior to release of Construction Certificate. The plan to detail: (a) The location of all trees on individual allotments, and adjoining land in proximity of the work and nominating those to be retained and those to be removed as per drawing PSL 2633/DA01 dated May 1999. (b) The method of protection of those trees to be retained specifying how tree roots, trunks and canopies are to be protected. Particular regard to be had to those trees located within the construction zone of the works and adjacent to fences, dwellings and roadways. (c) The cut and fill ratio and volume involved in the construction of driveways and dwelling houses and nominating where fill material is to be imported from or exported to. (d) The location of soil stockpiles, material compounds extent of construction activity. (e) Proposed staging of the works. (f) The location of all boundary fences.

20A. Those trees nominated for removal on drawing PSL2633/DA01A may be removed to carryout the works subject of this consent.

All vehicle access for the construction period shall be confined to a stabilized entry/exit/crossing and driveway 3 metres wide installed and maintained to the reasonable satisfaction of Council or the principal certifying authority to prevent damage to the Council road. (C107)

Payment to Warringah Council of a $10,000.00 bond as security against damage to Council's roads caused by the transport and disposal of materials and equipment to an from the site to Account No. 009 TF037. This amount to be paid prior to the issue of the Construction Certificate and to be verified by the accredited certifier. (C108)

All disturbed areas adjacent to the works on Council's road and footpath are to be restored to the satisfaction of the Council.

All construction and restoration work on Council's road and footpath area are to be carried out strictly in accordance with the approved drawings and Council's Standard Specifications. (C110)

The total cost of all construction and restoration works on Council's road and footpath shall be borne by the developer/applicant. (C112)

No excavation or construction work to commence on site until all silt/sediment control measures are in place. (C317)

The creation of easements to drain water in favour of either proposed lot over the stormwater drainage and detention system and Council drainage lines where it drains through any other proposed lot.

The submission of a plan prepared by a registered surveyor showing the location of water, gas, Telecom, electricity and stormwater drainage in relation to boundaries and/or relevant easements. The plan should be a copy of the final plan of subdivision on which the above items are clearly annotated. (C26)

The provision of separate electricity, gas, Telecom, sewer and water services to each lot. The certifier to verify that these services are able to be provided prior to the issue of the Construction Certificate. (C27)

All electrical and telephone mains in new subdivisions are to be placed underground. You are therefore requested to contact the appropriate utility authorities to ensure that the policy is adhered to in this subdivision. The adjustment of public utilities and services as necessary are to be effected at the full cost to the applicant. (C43)

The payment of $10,000.00 in cash or bank guarantee to account WCPB 3320-B3330 prior to issue of a Construction Certificate as security to ensure that: (a) all silt and sediment control measures are installed and maintained; (b) there is no transmission of material, soil etc off the site and onto the public road and/or drainage systems; and (c) maintenance of all facilities in accordance with Council's Specification for Erosion Control and Sediment Control. (C42)

All utilities/services and street lighting to be installed prior to the release of linen plan of subdivision. (C60)

The Council approved plans are to be stamped by Sydney Water and notice of requirement letter obtained and both submitted to the Principle Certifying Authority (PCA) prior to issue of the Subdivision Certificate. A section 73 Compliance Certificate under the Sydney Water Act 1994 is to be submitted to the PCA prior to occupation of the development or issue of Subdivision Certificate. Sydney Water may require works to be constructed and/or developer charges to be paid and accordingly an application is to be made to Sydney Water. (C58)

With the application for the Subdivision Certificate the applicant is required to submit a completed subdivision certificate form, a final plan of subdivision and nine copies, prepared in accordance with the requirements of the Conveyancing Act. All plans of survey are to show connections to at least two Survey Co-Ordination Permanent Marks. (C59)

35 The public footways and roadways adjacent to the site shall be maintained at all times during the course of the work in a safe condition. (C88)

36 Provision of 5 vehicle crossing(s), 4 metres wide in accordance with Warringah Council Drawing No. A4-3330 to approved levels and specifications. An application for street levels is to be made prior to issue of the Construction Certificate. (C89)

37 Construction of approved kerb laybacks in accordance with the details shown on Warringah Council Plan A4-2276. (C90)

The submission to Council or the private certifier of four (4) copies of Civil Engineering plans for the design of roadworks and stormwater drainage works required in Lots 7.01 to 7.05 including long and cross sections, details of proposed structures and specifications. Such designs shall be: (a) Prepared and submitted on A1 size sheets, (b) Undertaken by a Consulting Civil Engineer (or by such other person as may be approved by Council), (c) Approved and stamped by Council or the private certifier prior issue of the construction certificate, (d) Subject to the prescribed Engineering Development Fees paid to Council prior to the release of the Construction Certificate (to be paid into Account 12912), (e) Upon completion of the works, the applicant is to provide to Council 2 copies of "work as executed plans". The plans are to show relevant dimensions and finished levels and are to be certified by a surveyor. Also the applicant is to provide to Council in an approved formal details of all public infrastructure created as part of the works, (f) All Civil Engineering works are to be fully supervised by the consultant responsible for their design, or by such person as may be approved by Council, and on completion certified to be in accordance with the approved plans, conditions of construction and Council's standard specification for engineering works, (g) A maintenance period of six (6) months shall apply to the work, after it has been completed and approved in writing by Council or the Principal Certifying Authority. In that period the applicant shall be liable for any part of the work which fails to perform in the manner outlined in Council's specifications, or as would reasonably be expected under the design conditions. Council will require a Security Deposit/Bank Guarantee prior to issue of the final Compliance Certificate or Subdivision Certificate to ensure rectification of any defects during the maintenance period. (C93)

A declaration by a registered surveyor shall be provided to evidence that all construction has been effected within the appropriate property and easement boundaries. This shall be in the form of a copy of the final subdivision or easement plan, with the distances from the boundaries to the edges of these structures endorsed in red thereon and signed by the surveyor. (C97)

The payment of the following developer contributions prior to the approval of the Construction Certificate. $2,030.00 to S94 Part A - Embellishment of Open Space - Warringah Area (AC 28002) $940.00 to S94 Part E - Warringah Mall Public Library - (AC 28019) $5,010.00 to S94 Part F - Child Care Centres - (AC 28020) $1,070.00 to S94 Part I - Roads and Traffic Management - (AC 28023) $3,545.00 to S94 Part G - Community Centres - Warringah Council - (AC 28021) $12,595.00 Total Section 94 Fee These amounts have been calculated using the Warringah Section 94 Contributions Plan. They are current at the time of issue of this Consent. They will be adjusted at the time of payment according to the quarterly CPI (Sydney - All Groups Index). An updated schedule of Council's contribution rate is issued each quarter and is available at Council's office. Please ensure that you provide details of this Consent when paying contributions so that they can be easily recalculated.

The Landscape Plan to be amended as follows: Remove from the Planting Schedule: Eucalyptus globoidea. Replace with either: Angophora crassifolia, Eucalyptus punctata or Eucalyptus piperita. Remove from the Planting Schedule: Angophora bakeri. Replace with: Angophora crassifolia. Remove from the Planting Schedule: Callitris rhomboidea. Replace with either: Callitris rhomboidea Allocasuarina littoralis, or other plants on the schedule. Remove from the Planting Schedule: Elaeocarpus reticulates. Replace with other plans on the schedule. Remove from the Planting Schedule: Grevillea rosmarinifolia and Westringia fruticosa. Replace with either: Lambertia Formosa, Persoonia levis, Hakea sericea, H. teretifolia, Prostranthera denticulate, Callistemon linearis or other plants on the schedule. Remove from the Planting Schedule: Grevillea "Bronze Rambler". Replace with either: Dampiera stricta, Goodenia bellidifolia, Scaevola ramosissima, Tetratheca ericifloia, Dianella caerulea var. producta.

Each dwelling is to be provided with adequate site facilities including a garbage bin enclosure, mailbox and clothesline. These facilities are to be designed to be conveniently located and visually attractive.

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.

39. A declaration by a registered surveyor shall be provided to evidence that all construction has been effected within the appropriate property and easement boundaries. This shall be in the form of a copy of the final subdivision or easement plan, with the distances from the boundaries to the edges of these structures endorsed in red thereon and signed by the surveyor. (C97)

40. The payment of the following developer contributions prior to the approval of the Construction Certificate.

$2,030.00 to S94 Part A - Embellishment of Open Space - Warringah Area (AC 28002)

$940.00 to S94 Part E - Warringah Mall Public Library - (AC 28019)

$5.010.00 to S94 Part F - Child Care Centres - (AC 28020)

$1,070.00 to S94 Part I - Roads and Traffic Management - (AC 28023)

$3,545.00 to S94 Part G - Community Centres - Warringah Council - (AC 28021)

$12,595.00 Total Section 94 Fee

At a glance

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Judgment (410 paragraphs)

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Legislation Cited (9)

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