Haysom & Spender Architects v Byron Shire Council [2000] NSWLEC 274 | Case summary

Land and Environment Court (NSW)|2000-02-14|Before: Cowdroy J, Mr J

The applicant shall provide mosquito proofed transport driven by battery power or other energy source approved by Council similar to golf buggies for the transport of guests from the reception area to the eastern/southern areas.

No vehicular access to the site from Alcorn Street or to the adjoining Council reserve to the east except by emergency vehicles in times of emergencies.

23 The approved requirements for the ongoing implementation of the approved landscaping plan and the requirements of the approved flora and fauna management plan are to be implemented and complied with during the life of this consent.

(a) be designed for a maximum of 200 persons and not to exceed the production of 40 kilolitres per day of treated effluent,

(i) a hybrid intermittently decanted extended aeration (IDEA) treatment plant to remove BOD5, suspended solids and nitrogen. (ii) a micro filtration system, (iii) a wetweather storage facility, (iv) ultra violet disinfection of effluent prior to land application, (v) alum dosing (before micro filtration) for removal of phosphorus, (vi) a vacuum reticulation system, (vii) a pH correction system prior to effluent application to land, and (viii) sub-surface irrigation system,

(i) generally in the area shown on the plan annexed and marked "Irrigation Area Plan", however, effluent shall not be irrigated in any areas within the irrigation area if those areas are shown on the land capability map (referred to in condition C33) as unsuitable for sub-surface irrigation unless ameliorating works as agreed between Council and the owner are performed to change the characteristics of the soil making it an acceptable area for irrigation of effluent, and

(ii) at a level of 150mm below the natural ground surface, or such higher level up to 50mm as may be approved by Council.

(d) operate to ensure that there is no surface ponding of effluent at any time,

(e) operate to produce effluent quality which shall meet the 90th percentile limits as set out below:-

BOD5 5mg/l Suspended Solids 10mg/l Total Nitrogen 6mg/l Total Phosphorus 1mg/l Faecal Coliforms 10cfu/100ml Aluminium 5mg/l

the sampling for monitoring these levels shall be carried out prior to the application of the effluent to the land,

(f) not involve the re-cycling of waste water for use in toilets,

(g) preclude access to any confined spaces otherwise than by trained staff and notices shall be erected to the satisfaction of the Council accordingly,

(h) be operated to ensure that all biosolids/sludge from the STP are removed from the land to an approved offsite disposal area and there must be no disposal mixing or reuse of the biosolids/sludge in any form on the land,

25 If surface ponding occurs contrary to condition T24(d) then the STP operator shall carry out the necessary modifications to rectify this situation and during the period of modification effluent is not to be irrigated on areas where ponding occurs. If necessary, effluent must be pumped out of the wetweather storage tank and taken from the site by tanker.

Whenever there is a break down in the STP which may cause the dispersal of untreated or partly treated or polluted effluent or biosolids beyond the normal STP process or causes any treated effluent to pond :- (a) the untreated or partly treated or polluted effluent or biosolids must be pumped and or removed by an appropriate tanker for lawful disposal off the site, and (b) if the breakdown continues beyond five days (or a longer period approved by Council within the initial five day period) or if appropriate tankers are not available or become unavailable then all guests working at or using the tourist facility must be evacuated until the STP is operating in accordance with these conditions and the conditions of any section 68 approvals.

The water in the wetweather storage tank and underground irrigation system may only be used outside the irrigation areas in emergencies to mitigate the potential impacts of fire in proximity to the buildings and within the landscaped areas around the buildings.

An annual environment management report to be prepared and submitted to Rous Water and the Council in accordance with ISO 14001 addressing:-

(i) details of operation, management failure etc., (ii) general operation (iii) operation of irrigation field, (iv) STP effluent quality, (v) soil quality, (vi) groundwater quality,

and is to include a copy of the daily log book of daily hydrological observations and all maintenance records.

29 The STP is to be managed, operated, maintained and monitored by Rous Water, or if necessary in the future by another public authority suitable to the Council in accordance with the agreement referred to in condition C37.

30 The approved plan of management referred to in condition C35 must be complied with to the Council's satisfaction.

31 No part of any existing track or accessway through the vegetation in the 7(a) and &(b) zoned areas of the land can be used until an approved elevated boardwalk (as referred to in condition C41) has been constructed to the Council's satisfaction on that part of the existing track or accessway.

No new tracks or accessways are to be constructed or cleared through the 7(a) or 7(b) zoned land without prior consent from the Council.

NOTES: Construction Certificate required: This development consent is issued under the Environmental Planning and Assessment Act, 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the approval of a Construction Certificate prior to works commencing. Application forms are available from the customer services division of the Council. Occupation Certificate required: The buildings shall not be occupied until an Occupation Certificate for each building has been issued by the Principal Certifying Authority. Disability Discrimination Act: This application has been assessed under the provisions of the Environmental Planning and Assessment Act, 1979. It is the responsibility of applicants for BCA Class 3, 5, 6, 7, 8, 9 and 10a development (generally all commercial, industrial and professional offices) to make themselves aware of the provisions of the Disability Discrimination Act under which civil action may be taken if access for disabled people is denied. Food handling/storage: The Local Government Act and Public Health Act provide specific conditions relating to the handling and storage of food. Council's Development Division should be consulted to determine any requirements relevant to this consent. Signs require consent: The provisions of the Council's Planning Instrument requires development consent for most forms of advertising signs and structures. The Council has adopted a policy relating to outdoor advertising that sets out standards for various forms of advertising. Information is available from Council's Development Division. POEO Act: It is an offence under the provisions of the Protection of the Environment Operations Act to act in a manner causing, or likely to cause, harm to the environment. Anyone allowing material to enter a waterway or leaving material where it can be washed off-site may be subject to a penalty infringement notice ("on-the-spot fine") or prosecution.

Fisheries Management Act (1994): Under the Fisheries Management Act (1994) it is illegal to harm marine vegetation without prior consent from NSW Fisheries. The applicant is advised to consult with NSW Fisheries before issue of a Construction Certificate for the project.

SCHEDULE ONE TABLE 'A':- EP&A ACT SECTION 94 CONTRIBUTIONS

Open Space - Acquisition - Passive 22.65 ET@ $1934 = $43,80510

Acquisition - Active 22.65 ET@ $1280 = $28,992.00
Embellishment - Passive 22.65 ET@ $ 927 = $20,996.55
Embellishment - Active 22.65 ET@ $ 89 = $ 2,015.85 Community Facilities - Shire 22.65 ET@ $ 443 = $10,033.95 Community Facilities - Suffolk Park 22.65 ET@ $ 491 = $11,121.15 Road Upgrading 22.65 ET@ $ 392 = $ 8,878.80 Shire-wide Community Facility - Council Offices - Shire 22.65 ET@ $275 = $ 6,228.75 TOTAL $132,072.15

SCHEDULE ONE TABLE 'B':- WATER SUPPLY AUTHORITIES ACT 1987 SECTION 27 LEVIES

Water - 26.67 ET@ $2900 = $77,343.00 Bulk Water - 26.67 ET@ $1257 = $33,524.19 TOTAL $110,867.19

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.

· the monitoring site/s selected not being located in an area where future development will either obstruct or destroy the bore/well unless suitable measure are taken to secure the site for on-going monitoring purposes,

· a clear description of the intended duration of monitoring including both pre and post operational activities, and

· a copy of all water quality results with an annual report interpreting the results carried out by a suitably qualified person being forwarded to the Department of Land & Water Conservation and Byron Council for annual review,

(g) contingency procedures being developed to manage the impacts that the management strategies fail to predict or control including firstly, required remedial action if monitoring results indicate that the agreed standards or performance indicator levels are not being achieved due to failure or ineffectiveness of the management strategies, secondly, required restoration action when the remedial action fails or monitoring results identify severe failure of management strategies to meet agreed standards and in these extreme cases options for the operations to cease while the site is restored must be considered.

[Note: All monitoring bores/wells are required under Part V of the Water Act to be licensed by DLWC. The local DLWC groundwater professional must be consulted regarding the report and the efficiency of the proposed actions and work.]

P The following are Prescribed Conditions, pursuant to S.80A (11) of the Environmental Planning and Assessment Act and Clause 78 of the Environmental Planning and Assessment Regulation 1998.

1 Compliance with Building Code of Australia (Clause 78A of Regulation)

a All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate or complying development certificate was made).

b 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).

2 Excavations and backfilling (Clause 78D of Regulation)

a All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

b All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

3 Retaining walls and drainage (Clause 78E of Regulation)

a retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided, and

4 Support for neighbouring buildings (Clause 78F of Regulation)

a If an excavation associated with the erection or demolition of a building 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:

i must preserve and protect the building from damage, and

ii if necessary, must underpin and support the building in an approved manner, and

iii must, at least 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.

b The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

c In this clause, allotment of land includes a public road and any other public place.

5 Protection of public places (Clause 78G of Regulation)

a If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place a hoarding or fence must be erected between the work site and the public place.

b If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

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

d Any such hoarding, fence or awning is to be removed when the work has been completed.

Note: Should it be desired to erect any hoarding or fence on Council footpaths or road reserves, a specific application is to be made to Council and the appropriate fees paid.

6 Signs to be erected on building and demolition sites (Clause 78H of Regulation)

a A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

i stating that unauthorised entry to the work site is prohibited, and

ii showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

b Any such sign is to be removed when the work has been completed.

i building work carried out inside an existing building, or

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

a 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.

ii a standard flushing toilet connected to a public sewer, or

iii if that is not practicable, an accredited sewage management facility approved by the council, or

iv if that is not practicable, any other sewage management facility approved by the council.

b The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced.

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.

W The following conditions are to be complied with prior to the commencement of works.

1 Erosion and sedimentation controls approved by Council in accordance with Council's `Code of Practice for Erosion and Sedimentation Control' must be provided on site.

2 Prior to any water being drawn from the site a water meter and an appropriate backflow prevention device must be fixed in position. The applicant shall liaise with Council's Water Supply Technical Officer regarding the water services.

3 Approval is required under Section 138 of the Roads Act. Application for approval may be made to Byron Shire Council by submission of an engineering plan showing works within the road reserve.

4 Erection to Council's satisfaction of the approved protective fencing referred to in condition C26(j).

5 Written notification of intention to commence works is to be forwarded to the Council not less than seven (7) days prior to work commencing.

6 All asbestos wastes associated with removal of the existing buildings are to be disposed of in accordance with the requirements of the Workcover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Council requires 48 hours notice prior to disposal at the waste depot.

7 Trees and vegetation to be retained are to be fenced off to minimise disturbance to existing ground conditions within their driplines and to be maintained for the duration of the site clearing, preparation and construction works. Each tree is to be fenced off at a 3m radius from the trunk using steel star pickets at a maximum distance of 2m apart using a minimum of 3 strands of steel wire constructed so the fence encloses the tree. The fence is to be highlighted with orange barrier mesh attached to the outside of the fence and continuing around its perimeter. The minimum height of the entire fence is to be 2m or approved similar. In the case of the western buffer or riparian zone to Tallow Creek and buffers to Lowland Rainforest on Floodplain, fencing is to be maintained in place until planted vegetation has reached an average of 2m in height.

8 No plumbing and drainage works are to commence until an appropriately licensed person has obtained a Plumbing Permit available from Byron Shire Council's Water and Sewerage Services Division specific to the subject property and subject works.

(a) appoint a Principal Certifying Authority (if the Council is not the PCA);

(b) given the Council at least two days notice on prescribed `Form 7'of the person's intention to commence the erection of the building.

10. The developer and/or contractor must produce evidence to the PCA of Public Liability Insurance cover for a minimum of $10 Million. (see also condition D7).

D Conditions to be complied with during construction

1 The proponent shall provide a Type C intersection with a Type B Left Turn Treatment at the entrance to the proposed development. The design shall incorporate a bus bay on the southern side of the access in accordance with the plans approved as part of this development application.

2 Compliance Certificates are required for the following:

a Site Control / Floor Level: Upon completion of the following works, and prior to commencement of the subsequent stages, a compliance certificate is to be submitted indicating:

ii Footings (including placement of steel prior to pouring any concrete) have been constructed in accordance with the approved plans and relevant Australian Standards.

iii Concrete slabs or final floor levels have been constructed in accordance with the approved plans and relevant Australians Standards. The certificate is to state that the building is correctly sited on the site and any minimum Reduced Floor Levels on the development consent have been complied with.

c Air conditioning: installed and operating according to approved plans.

d Structural Framing: including wet area sealing, wind bracing, and tie downs prior to covering.

e Fire wall and sound transmission: including fire rated ceilings - all prior to concealment.

f Retaining walls: (where exceeding one metre in height) - prior to concrete pour and/or backfilling.

g Storm water infiltration pit: constructed in accordance with plan/s approved by Council.

i Prior to occupation, a Compliance Certificate is to be issued indicating the buildings compliance with the relevant terms of the Approval and/or Standards of Construction detailed in the Building Code of Australia.

j Copies of documentary evidence including Survey Reports, Engineering Certificates, Glass Certificates, Truss Certificates, Wet Area Certificate, Smoke Detector Certificates and Termite Control Certificates, and any relevant information are to be submitted to the Principal Certifying Authority upon completion of each specified stage of construction and prior to commencement of the subsequent t stages and/or occupation.

3 The following inspections are required and can ONLY BE UNDERTAKEN by Council:

· Licensees are advised that works to be inspected must be completed.

· All sanitary plumbing and drainage shall be hydrostatically tested prior to backfill or concealment and witnessed by Council's Plumbing Inspector.

· Hot and cold water services shall be tested in accordance with AS/NZS 3500.1.2 Section 13 and AS/NZS 3500.1.2 Section 8.

· The Licensee or authorised representative of the Licensee is to meet the inspector on site at the designated appointment time for the duration of the inspection.

· If the Licensee or authorised representative is not in attendance during the inspection and a fault is evident, then a re-inspection fee in accordance with Council's fees and charges shall apply.

· Where an additional inspection is required due to non-compliance, an additional fee in accordance with Council's fees and charges may apply.

· Hot and cold water inspections are conducted at random or checked as part of the frame inspection. Owners may request specific hot and cold inspections subject to payment of an additional fee in accordance with Council's fees and charges.

4 To ensure compliance with the flooding requirements a registered surveyor is to certify compliance with the approved engineering and building plans for the floor level of all buildings and the car park prior to construction or slab being poured. A copy of the certificate is to be provided to PCA.

5 (a) Construction works which may interfere with the amenity of any neighbours or the neighbourhood by generation of noise, intrusive lighting, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise are to be limited as follows:-

· Saturday, 7 am to 1 pm if inaudible on residential premises, otherwise 8 am to 1 pm.

(b) No construction work to take place on Sundays or Public Holidays.

7 All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. Council is not responsible for any negligence caused by the undertaking of the works.

8 All measures are to be taken to prevent damage to trees and other vegetation (including root systems) to be retained during site works and construction. Trees and other vegetation to be retained are to be protected by the erection of suitably sturdy protective fencing to the satisfaction of the Director of Local Approvals and Compliance Services. Approved fencing is to be in place prior to the commencement of any works on the site and must remain in place until the works are complete. No building materials or other items are to be placed or stored within the fenced off areas. In the case of the western buffer or riparian zone to Tallow Creek and buffers to Lowland Rainforest on Floodplain, fencing is to be maintained in place until planted vegetation has reached an average of 2m in height.

9 No materials are to be sited within the driplines of any tree or within five (5) metres from the trunk of any tree e.g. building materials, machinery, portable toilets, chemicals and concrete unless shown on the approved plans for the construction certificate.

10 Where excavation is within a tree's dripline and the tree is to be retained, the face of the excavation will be covered with an organic fabric mulch such as Jutemaster "R" or an approved similar material to reduce erosion and soil moisture loss. This will be firmly pegged into place over the surface of the excavation and be pegged to the top of the excavation at the former ground level. Pegs to be located as per manufacturer specifications or approved similar method. This organic fabric mulch is to be left in place and to be maintained until the completion of any construction works.

11 Any services to the site/s are to be located independent of, and in a manner not detrimental to, any trees on the site.

12 Where services to be laid are in conflict with any lateral structural support roots of any tree all care will taken to manually excavate around or under such roots to position the service with minimum root disturbance.

13 No soil or fill material is to be placed within a tree's dripline so as to cause changes in surface level by more than 50mm from the existing level and such soil is not to be compacted. Such soil fill should not be finer than that being covered in situ, e.g. clay should not be placed over loam soil.

14 Sediment and erosion control measures must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).

15 The following inspection/s will be required for the WATER SUPPLY WORK:

Note: Inspections will not take place unless the plumber or the plumber's representative is onsite. Re-inspection fees will apply to plumbers not onsite for inspections.

16 Master Meter Position: The Master Meter/s shall be installed generally in accordance with the NSW Code of Practice for Plumbing And Drainage. However, where a meter is likely to be situated near an entrance or in a graded foot path it shall be installed above ground and recessed into the building.

17 The following inspection/s will be required for the SEWERAGE WORK:

Note: Inspections will not take place unless the plumber or the plumber's representative is onsite. Re-inspection fees will apply to plumbers not onsite for inspections.

18 All plumbing and drainage work is to be installed by a suitably licensed person. All plumbing and drainage works are to be carried out in accordance with the NSW Plumbing and Drainage Code of Practice, AS/NZS 3500 Parts 0-4, and the Local Government (Water, Sewerage and Drainage) Regulations.

19 Water efficient devices must be installed where appropriate including:

20 Builders rubbish containment is required in order to contain all builders rubbish on site by providing `Builders Skips' or an enclosure on site for the storage of rubbish. Footpaths are to be maintained clear of rubbish and all other deposits.

22 Maintenance of any protective fencing approved by any plans associated with this consent.

23 The owner or builder must give at least two days notice to the Jali Local Aboriginal Land Council and the Arakwal people of any excavation work to be carried out and the owner and builder must allow a representative from each of these groups to be present on site to monitor the excavation works.

O The following conditions are to be complied with prior to occupation of the buildings

1 Certification from an appropriately qualified landscape architect/landscaper and ecologist that the approved landscaping has been completed in accordance with the approved landscaping plan.

2 Provision of written evidence to the Principal Certifying Authority from an electricity supply authority that satisfactory arrangements have been made for the provision of underground electricity supply to the development.

3 Consolidation of all separate parcels of land into one allotment under one title is to be registered with the Land Titles Office.

4 The road and drainage works, driveways, access paths, boardwalks and parking areas be constructed in accordance with plans approved by this development consent and with Council specifications.

5 Signs are to be erected clearly indicating the availability of off-street parking and the location of entry/exit points, visible from both the street and the subject site.

6 The STP and water supply are to be completed and operational within the premises at no cost to Council.

7 Council is to inspect and be satisfied that the approved STP has been constructed in accordance with approved plans, specifications and standards to the satisfaction of the Council's Director Water and Sewerage Services.

8 The premises or any part of the premises must not be occupied until an Occupation Certificate has been determined by approval in accordance with the procedure specified by Clauses 79J-L Environmental Planning and Assessment Regulations 1998 (Form 12). A Final Fire Safety Certificate (Form 15) must be provided before a Final Occupation Certificate (Form 12) can be issued for the building.

9 Water mains are to be extended by the Council from the Council's existing mains from a point determined by the Development Engineer, at no cost to Council, to serve the development in accordance with the approved engineering plan10 A Compliance Certificate is to be provided to Council, certifying that all works have been completed in accordance with the Construction Certificate and in accordance with engineering standards adopted by Byron Shire Council.

10 A works-as-executed plan under the hand of a suitably qualified engineer or a registered surveyor must be lodged with the Council when the engineering works are complete. In the case where development involves filling or development of flood prone land, an additional copy of the works-as-executed plan relating to earthworks shall be submitted detailing the 1% flooding contour. One (1) microfilm copy of each sheet is required.

11 The lodgement of a maintenance bond bank guarantee being 5% of the value of the works constructed within the public road. The maintenance period is 6 months and shall commence from the date that works are inspected and approved by the Council.

12 The applicant is to submit a record of infrastructure coming into Council ownership upon final plan release. The information is to be submitted in the form of Council's Standard Form titled "Asset Creation Record". This form is available from Council's Development Engineering Section.

13 Construction of the Cycleway in accordance with the approved plans referred to in condition C40.

T The following conditions will need to be complied with at all times

1 There is to be no washing with detergent or other cleaning agents of motor vehicles or other vehicles on site.

2 A 5m wide planted buffer strip is to be provided along the full length of the southern side of the Everglades Canal within the 2(t) zone. (Species, planting, management and maintenance details are to be provided as part of the landscaping plan).

3 The restaurant is to be available for use only by guests accommodated at the resort or utilising the conference facilities on site and is not to be open to the general public.

4 The burning off of trees and associated vegetation felled during clearing operations or generally is not permitted. Where possible, vegetation is to be mulched and reused on the site.

5 All loading and unloading to take place within the curtilage of the premises.

6 Any outdoor display lighting be so located or shielded so that no additional light is cast on adjoining land or that it will distract traffic.

7 The provision of a minimum 157 on site car parking spaces. Car parking areas are not to be used for storage of goods or materials or for any other purpose.

8 As soon as practicable after a final Fire Safety Certificate is issued, the owner of the building to which it relates:

a must cause a copy of the Certificate (together with a copy of the Fire Safety Schedule) to be given to the Commissioner of the NSW Fire Brigade, and

b must cause a copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be prominently displayed in the building.

9 All water meters required for billing purposes shall be supplied by Byron Shire Council only. Such meters shall be clearly visible and accessible at all times. Restricted or keyed access to water meters is not permitted.

10 The landscaping is to be carried out in accordance with the approved plan prior to occupation of the development and is to be maintained in perpetuity by the owner/s to Council's satisfaction. Particular attention is to be paid to ensuring early and successful establishment of the plants (including ground preparation, fertilising, staking and protection where necessary).

11 Backflow prevention devices shall be tested and maintained in accordance with the NSW Code of Practice: Plumbing and Drainage.

12 A copy of the approved Construction Certificate including plans, details and specifications shall remain at the site at all times during the construction of the development and while the Tourist facility is operational.

13 The proposed use must not be conducted in such a manner as would interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.

14 Only clean and unpolluted water being discharged to Council's stormwater drainage system or any watercourse.

15 The Equivalent Continuous (Energy Average) noise level of all sources from within the development shall not exceed 5 dB above the measured background level at the nearest residential boundary. Methodology for determining background noise shall be in accordance with EPA NSW "Industrial Noise Policy".

16 The swimming pool water being recirculated, filtered and disinfected in accordance with the requirements of Council's Environmental Health Unit and the Health Department of New South Wales. The swimming pool water being maintained at satisfactory levels of purity for bathing at all times.

17 The occupier of any premises in or on which a swimming pool is situated must ensure that there is at all times maintained, in a prominent position in the immediate vicinity of the pool a sign in accordance with the regulations, bearing the words `Young children should be supervised when using this swimming pool'.

18 Pool water disposal and backwash is to be directed to the on site sewage system with connection to yard gully incorporating 100mm air gap. (Note: it is the responsibility of the applicant to inform the owners of the pool that, should it be necessary to pump water from the pool, this water is to be discharged to the sewer system. It may be an offence under the POEO Act to discharge pool water to the stormwater system or any other waterway).

19. All surface water from the carpark, including all stormwater runoff and debris must be directed away from the Everglades canal watercourse and treated to an appropriate quality prior to disposal or return to the creek system.

20. The Everglades canal must not be realigned or reconfigured in relation to the shape and slope of the bed and banks other than in accordance with the plans approved by this consent.

21. The applicant shall provide mosquito proofed transport driven by battery power or other energy source approved by Council similar to golf buggies for the transport of guests from the reception area to the eastern/southern areas.

22. No vehicular access to the site from Alcorn Street or to the adjoining Council reserve to the east except by emergency vehicles in times of emergencies.

(a) be designed for a maximum of 200 persons and not to exceed the production of 40 kilolitres per day of treated effluent,

(i) a hybrid intermittently decanted extended aeration (IDEA) treatment plant to remove BOD5, suspended solids and nitrogen.

(iv) ultra violet disinfection of effluent prior to land application,

(v) alum dosing (before micro filtration) for removal of phosphorus,

(vii) a pH correction system prior to effluent application to land, and

(i) generally in the area shown on the plan annexed and marked "Irrigation Area Plan", however, effluent shall not be irrigated in any areas within the irrigation area if those areas are shown on the land capability map (referred to in condition C33) as unsuitable for sub-surface irrigation unless ameliorating works as agreed between Council and the owner are performed to change the characteristics of the soil making it an acceptable area for irrigation of effluent, and

(ii) at a level of 150mm below the natural ground surface, or such higher level up to 50mm as may be approved by Council.

(d) operate to ensure that there is no surface ponding of effluent at any time,

(e) operate to produce effluent quality which shall meet the 90th percentile limits as set out below:-

the sampling for monitoring these levels shall be carried out prior to the application of the effluent to the land,

(f) not involve the re-cycling of waste water for use in toilets,

(g) preclude access to any confined spaces otherwise than by trained staff and notices shall be erected to the satisfaction of the Council accordingly,

26. Whenever there is a break down in the STP which may cause the dispersal of untreated or partly treated or polluted effluent or biosolids beyond the normal STP process or causes any treated effluent to pond :-

(a) the untreated or partly treated or polluted effluent or biosolids must be pumped and or removed by an appropriate tanker for lawful disposal off the site, and

(b) if the breakdown continues beyond five days (or a longer period approved by Council within the initial five day period) or if appropriate tankers are not available or become unavailable

then all guests working at or using the tourist facility must be evacuated until the STP is operating in accordance with these conditions and the conditions of any section 68 approvals.

27. The water in the wetweather storage tank and underground irrigation system may only be used outside the irrigation areas in emergencies to mitigate the potential impacts of fire in proximity to the buildings and within the landscaped areas around the buildings.

28. An annual environment management report to be prepared and submitted to Rous Water and the Council in accordance with ISO 14001 addressing:-

and is to include a copy of the daily log book of daily hydrological observations and all maintenance records.

30 The approved plan of management referred to in condition C35 must be complied with to the Council's satisfaction.

32. No new tracks or accessways are to be constructed or cleared through the 7(a) or 7(b) zoned land without prior consent from the Council.

This development consent is issued under the Environmental Planning and Assessment Act, 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the approval of a Construction Certificate prior to works commencing. Application forms are available from the customer services division of the Council.

The buildings shall not be occupied until an Occupation Certificate for each building has been issued by the Principal Certifying Authority.

This application has been assessed under the provisions of the Environmental Planning and Assessment Act, 1979. It is the responsibility of applicants for BCA Class 3, 5, 6, 7, 8, 9 and 10a development (generally all commercial, industrial and professional offices) to make themselves aware of the provisions of the Disability Discrimination Act under which civil action may be taken if access for disabled people is denied.

Haysom & Spender Architects v Byron Shire Council

At a glance

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Decision date

Before

Source

Judgment (211 paragraphs)

Parties

Legislation Cited (9)

Cases Cited (2)