I V Trading Pty Limited v Parramatta City Council [2010] NSWLEC 1170 | Case summary

Land and Environment Court (NSW)|2010-04-29

The applicant shall submit an BCA Compliance Report indicating the premises has been upgraded to ensure compliance with the Building Code of Australia in the following areas. BCA Section C "Fire Resistance" BCA Section D "Access and egress" BCA Section E "Services & Equipment" The Compliance Report must be prepared by a suitably qualified person and approved by the Principal Certifying Authority prior to the issuing of an Construction Certificate. 35. The applicant must submit details to the principal certifying authority prior to the issuing of the construction certificate, which detail works to the existing bathrooms and other wet areas, to ensure compliance with part F1 of the Building Code of Australia.

All windows for this development on the first floor are to be frosted or opaque glazing and are to be permanently fixed. This requirement shall be reflected on the Construction Certificate plans and be approved by the nominated PCA Reason: To maintain amenity to the adjoining occupants and provide privacy to these rooms.

Prior to work commencing, adequate toilet facilities are to be provided on the work site prior to any works being carried out. Reason: To ensure adequate toilet facilities are provided

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:- (a) Stating that unauthorised entry to the work site is prohibited; (i) Showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and (ii) Showing the name, address and telephone number of the Principal Certifying Authority for the work. (b) Any such sign must be maintained while the building work or demolition work is being carried out, but must be removed when the work has been completed. (c) This condition does not apply to building works being carried out inside an existing building. Reason: To comply with statutory requirements.

During Work : 40. Building work may only be carried out six (6) days a week, Monday to Friday between the hours of 7.00am to 8.00pm and Saturday 8.00am to 8.00pm. No work is permitted to be carried out on Sundays or Public Holidays. Reason: To protect the amenity of the area. 41. A copy of this development consent, stamped plans and accompanying documentation is to be retained for reference with the approved plans on-site during the course of any works. Appropriate builders, contractors or sub-contractors are to be furnished with a copy of the notice of determination and accompanying documentation. Reason: To ensure compliance with this consent. 42. Noise from construction and/or demolition activities associated with the development shall comply with the NSW Environment Protection Authority's Environmental Noise Manual and the Protection of the Environment Operations Act 1997. Reason: To protect the amenity of the area. 43. No materials, machinery, signs or vehicles used in or resulting from the construction or demolition relating to the development shall be stored or placed on Council's footpath, nature strip or roadway. Reason: To ensure pedestrian access. 44. Any footpath construction and/or restoration, if included as part of a final DA consent Conditions, shall require a Road Occupancy Permit and Road Opening Permit. The applicant shall submit an application for a Road Occupancy Permit through Council's Traffic & Transport Services and a Road Opening Permit through Council's Restoration Engineer, prior to carrying out the construction/restoration works." Reason: To protect the amenity of the area.

Prior to the issue of an Occupation Certificate/Use Commencing : 45. In accordance with clause 162B of the Environmental Planning and Assessment Regulation 2000, the certifying authority responsible for critical stage inspections must make a record of each inspection as soon as practicable after it has been carried out. Where Council is not the Principal Certifying Authority, the Principal Certifying Authority is to forward a copy of all records to Council. The record must include details of: (a) the development application and construction certificate number; (b) the address of the property at which the inspection was carried out; (c) the type of inspection; (d) the date on which it was carried out; (e) the name and accreditation number of the certifying authority by whom the inspection was carried out; and (f) whether or not the inspection was satisfactory in the opinion of the certifying authority who carried it out. Reason: To comply with legislative requirements. 46. Where Council is not the Principal Certifying Authority, a copy of any compliance certificates and or records of inspections received by the PCA shall be forwarded to Council prior to occupation or commencement of the use. Reason: To comply with legislative requirements. 47. A complete system of emergency lighting and illuminated exit signs is to be installed throughout the building in accordance with the Building Code of Australia, including referenced Australian Standard 2293 prior to occupation. Reason: To assist people exiting the building in the event of power failure. 48. A certificate from a suitably qualified electrician indicating the existing electrical wiring system has been inspected and is certified as being adequate, safe and fit for purpose prior to occupation. Reason: To ensure that the electrical wiring does not pose an undue fire risk. 49. Prior to the issue of the final occupation certificate the applicant shall submit to Council a Final Fire Safety Certificate attesting to the adequacy of the newly installed: i) portable fire extinguishers, ii) emergency lights, iii) illuminated exit signs, A copy of the final fire safety certificate is to also be submitted to the New South Wales Fire Brigades (Private Locked Bag 12, Greenacre 2190) and a further copy is to be displayed in a prominent position in the building for easy inspection by Council or the New South Wales Fire Brigade. Each calendar year after this original certificate, you are required to prepare and submit an annual fire safety statement to both Council and the New South Wales Fire Brigade. A copy is also required to be displayed in a prominent position. Reason: To ensure these essential fire safety measures have been installed in accordance with acceptable design standards. 50. A 3.5 kg carbon dioxide portable fire extinguisher (or equivalent) is to be located adjacent to the electrical switch board. The extinguisher is to be suitably wall mounted and sign posted. Reason: To ensure adequate fire fighting facilities are provided. 51. Approved essential services pictogram signage is to be installed with all Portable Fire Extinguishers, further ensuring that these pictograms are positioned in accordance with the provisions of AS 2444. Reason: To assist occupants in locating the first aid fire fighting facilities.

              G T Brown
              Commissioner of the Court

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

CITATION : I V Trading Pty Limited v Parramatta City Council [2010] NSWLEC 1170

I V Trading Pty Limited v Parramatta City Council

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