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[2009] NSWLEC 1071
Land and Environment Court (NSW)
2009-02-27
Original judgment source is linked above.
The applicant is to pay for all costs associated with the transplanting of the abovementioned trees to a suitable alternate location on the subject site. The transplantation must be supervised by a qualified Arborist, Horticulturist or Landscape Technician experienced in transplantation. A Transplantation Method Statement, detailing the following points, must be submitted for approval by Council prior to issue of a Construction Certificate. i) Pre-transplantation schedule of works. ii) Preparation of transplantation site. iii) Transplantation method. iv) Post-transplantation aftercare and duration. The Statement is to be prepared by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 5 or recognised equivalent) or Horticulturist, who is experience in transplantation.
C.14 Trees which may be removed This consent includes approval under Council's Tree Preservation Order to remove the following trees:
Council Reference No: Species Location Dimension (Metres) 1 Callistemon viminalis (Weeping Bottlebrush) Front property, eastern boundary 6 (h) x 4 (w) 2 Corymbia citridora (Lemon-scented Gum tree) Front property, eastern of driveway 15 (h) x 20 (w) 4 Callistemon viminalis (Weeping Bottlebrush) Rear property, western boundary 6 (h) x 5 (w) 5 Melaleuca armillaris (Bracelet Honey Myrtle) Rear property, western boundary 10 (h) x 7 (w) 6 Callistemon viminalis (Weeping Bottlebrush) Rear property, western boundary 8 (h) x 7 (w) 7 Callistemon viminalis (Weeping Bottlebrush) Rear property, north-western boundary 7 (h) x 5 (w)
The Construction Certificate plans must include reference to the removal of the above mentioned trees and identify the trees by Council's reference number (Council Ref No:) and colour or shade them in the colour red.
C.15 Overland flow paths around buildings To prevent stormwater from entering the building the finished habitable ground floor level of the building must be set at a suitable level above the adjacent finished ground level. The entire outside perimeter of the building must have overland flow escape routes which will protect all finished floor levels from flooding, in the event of the full blockage of the subsurface drainage system. This condition is to be addressed by a suitably qualified hydraulic / Civil Engineer, who is to prepare and sign the two following documents: 1) An appropriate detailed drainage design, and 2) An Engineer's Certificate stating that all enclosed floor areas including habitable and garage floors, are safeguarded from outside stormwater run-off ingress, by (a) suitable differences in finished levels, (b) gradings and (c) provision of stormwater collection devices. The subject documents are to be submitted to, and approved by the PCA, prior to issue of the Construction Certificate.
D. Conditions which must be satisfied prior to the commencement of any development work
D.1 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work: a. that the work must be carried out in accordance with the requirements of the Building Code of Australia, b. in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences. This condition does not apply: a. to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or b. to the erection of a temporary building. In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made. Note : This condition must be satisfied prior to commencement of any work in relation to the contract of insurance under the Home Building Act 1989. This condition also has effect during the carrying out of all building work with respect to compliance with the Building Code of Australia. Standard Condition: D1 D.2 Security Fencing, Hoarding and Overhead Protection Security fencing must be provided around the perimeter of the development site, including any additional precautionary measures taken to prevent unauthorised entry to the site at all times during the demolition, excavation and construction period. Security fencing must be the equivalent 1.8m high chain wire as specified in AS 1725.
Where the development site adjoins a public thoroughfare, the common boundary between them must be fenced for its full length with a hoarding, unless the least horizontal distance between the common boundary and the nearest parts of the structure is greater than twice the height of the structure. The hoarding must be constructed of solid materials (chain wire or the like is not acceptable) to a height of not less than 1.8 m adjacent to the thoroughfare.
Where a development site adjoins a public thoroughfare with a footpath alongside the common boundary then, in addition to the hoarding required above, the footpath must be covered by an overhead protective structure and the facing facade protected by heavy-duty scaffolding, unless either
a. the vertical height above footpath level of the structure being demolished is less than 4.0 m; or b. the least horizontal distance between footpath and the nearest part of the structure is greater than half the height of the structure. The overhead structure must consist of a horizontal platform of solid construction and vertical supports, and the platform must a. extend from the common boundary to 200mm from the edge of the carriageway for the full length of the boundary; b. have a clear height above the footpath of not less than 2.1 m; terminate 200mm from the edge of the carriageway (clearance to be left to prevent impact from passing vehicles) with a continuous solid upstand projecting not less than 0.5 m above the platform surface; and c. together with its supports, be designed for a uniformly distributed live load of not less than 7 kPa.
The principal contractor or owner builder must pay all fees associated with the application and occupation and use of the road (footway) for required hoarding or overhead protection. The principal contractor or owner builder must ensure that Overhead Protective Structures are installed and maintained in accordance with WorkCover NSW Code of Practice - Overhead Protective Structures, gazetted 16 December 1994, as commenced 20 March 1995. This can be downloaded from: http://www.workcover.nsw.gov.au/Publications/LawAndPolicy/CodesofPractice/oheadprotstructs.htm . Security fencing, hoarding and overhead protective structure must not obstruct access to utilities services including but not limited to man holes, pits, stop valves, fire hydrants or the like. Note : The principal contractor or owner must allow not less than two (2) weeks from the date of making a hoarding application for determination. Any approval for a hoarding or overhead protection under the Roads Act 1993 will be subject to its own conditions and fees. Standard Condition: D11 D.3 Protection of services Prior to any excavation works, the location and depth of all services (telephone, cable TV, electricity, gas, water, sewer, drainage, etc.) must be ascertained. The developer must meet all costs of any adjustment, relocation or reinstatement of any services.
D.4 Road opening permit Prior to the commencement of any excavation in Council controlled roadways or footpath areas, the developer must obtain a road opening permit from Council's Customer Services Counter. Restoration of roads, footpaths, retaining walls, kerbs and gutters must be carried out in accordance with the relevant clauses of the current edition of AUS-SPEC .
D.5 Site Signs The Principal Contractor or owner builder must ensure that the sign required by clauses 98A and 227A of the Regulation is erected and maintained at all times. "Erection of signs 1. For the purposes of section 80A (11) of the Act , the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work. 2. A sign must be erected in a prominent position on any site on which building work, subdivision `work or demolition work is being carried out: a. showing the name, address and telephone number of the principal certifying authority for the work, and b. showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and c. stating that unauthorised entry to the work site is prohibited. 3. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. 4. This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building. 5. This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State's building laws."
Note : PCA and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which imposes a penalty exceeding $1,000). Note : If Council is appointed as the PCA it will provide the sign to the principal contractor or owner builder who must ensure that the sign is erected and maintained as required by Clause 98A of the Regulation . Standard Condition: D12 D.6 Toilet Facilities 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. Each toilet provided: a. must be a standard flushing toilet, and b. must be connected to a public sewer, or c. if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the council, or d. if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the council. The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced. In this condition: 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 Local Government (Approvals) Regulation 1993. 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. Note : This condition does not set aside the requirement to comply with Workcover NSW requirements. Standard Condition: D13 D.7 Erosion and Sediment Controls - Installation The principal contractor or owner builder must install and maintain water pollution, erosion and sedimentation controls in accordance with: a. The Soil and Water Management Plan if required under this consent; b. " Do it Right On Site, Soil and Water Management for the Construction Industry " published by the Southern Sydney Regional Organisation of Councils, 2001; and c. " Managing Urban Stormwater - Soils and Construction " published by the NSW Department of Housing 4th Edition" ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. Note : The International Erosion Control Association - Australasia ( http://www.austieca.com.au/ ) lists consultant experts who can assist in ensuring compliance with this condition. Where Soil and Water Management Plan is required for larger projects it is recommended that this be produced by a member of the International Erosion Control Association - Australasia. Note : The "Do it Right On Site, Soil and Water Management for the Construction Industry" publications can be down loaded free of charge from www.woollahra.nsw.gov.au .
Note : A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning . It is a criminal offence to cause, permit or allow pollution. Note : Section 257 of the Protection of the Environment Operations Act 1997 provides inter alia that "the occupier of premises at or from which any pollution occurs is taken to have caused the pollution" Warning , irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of their occupation of the land being developed. Standard Condition: D14
D.8 Building - Construction Certificate, Appointment of Principal Certifying Authority, Appointment of Principal Contractor and Notice of Commencement (s81A(2) of the Act) The erection of the building in accordance with this development consent must not be commenced until: a. a construction certificate for the building work has been issued by the consent authority, the council (if the council is not the consent authority) or an accredited Certifier, and b. the person having the benefit of the development consent has: i. appointed a principal certifying authority for the building work, and ii. notified the principal certifying authority that the person will carry out the building work as an owner-builder, if that is the case, and b1. the principal certifying authority has, no later than 2 days before the building work commences: i. notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and ii. notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and b2. the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has: i. appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and ii. notified the principal certifying authority of any such appointment, and iii. unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and iv. given at least 2 days' notice to the council of the person's intention to commence the erection of the building. Note: Building has the same meaning as in section 4 of the Act and includes part of a building and any structure or part of a structure. Note : New building has the same meaning as in section 109H of the Act and includes an altered portion of, or an extension to, an existing building. Note : The commencement of demolition works associated with an altered portion of, or an extension to, an existing building is considered to be the commencement of building work requiring compliance with section 82A(2) of the Act (including the need for a Construction Certificate ) prior to any demolition work. See: Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125. Note : Construction Certificate Application, PCA Service Agreement and Notice of Commencement forms can be downloaded from Council's website www.woollahra.nsw.gov.au . Note : It is an offence for any person to carry out the erection of a building in breach of this condition and in breach of section 81A(2) of the Act. Standard Condition: D15 D.9 Notification of Home Building Act 1989 requirements a. For the purposes of section 80A (11) of the Act, the requirements of this condition are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989 . b. 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 (not being the council) has given the council written notice of the following information: i. in the case of work for which a principal contractor is required to be appointed: o the name and licence number of the principal contractor, and o the name of the insurer by which the work is insured under Part 6 of that Act,
ii. in the case of work to be done by an owner-builder: o the name of the owner-builder, and o if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit. c. If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information. d. This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State's building laws. Standard Condition: D17 E. Conditions which must be satisfied during any development work
E.1 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following condition is prescribed in relation to a development consent for development that involves any building work: a. that the work must be carried out in accordance with the requirements of the Building Code of Australia, b. in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences. This condition does not apply: a. to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4) of the Regulation, or b. to the erection of a temporary building. In this clause, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made. Standard Condition: E1
E.2 Compliance with Australian Standard for Demolition Demolition of buildings and structures must comply with Australian Standard AS 2601 - 1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993. Standard Condition: E2
E.3 Compliance with Construction Management Plan All development activities and traffic movements must be carried out in accordance with the approved construction management plan. All controls in the Plan must be maintained at all times. A copy of the Plan must be kept on-site at all times and made available to the PCA or Council on request.
Note : Irrespective of the provisions of the Construction Management Plan the provisions of traffic and parking legislation prevails. Standard Condition: E3
E.4 Requirement to notify about new evidence Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination, heritage significance, threatened species or other relevant matters must be immediately notified to Council and the Principal Certifying Authority. Standard Condition: E4
E.5 Critical Stage Inspections Critical stage inspections must be called for by the principal contractor or owner builder as required by the PCA, any PCA service agreement, the Act and the Regulation . Work must not proceed beyond each critical stage until the PCA is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act . critical stage inspections means the inspections prescribed by the Regulations for the purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service Agreement. Note : The PCA may require inspections beyond mandatory critical stage inspections in order that the PCA be satisfied that work is proceeding in accordance with this consent. Note : The PCA may, in addition to inspections, require the submission of Com pliance Certificates , survey reports or evidence of suitability in accordance with Part A2.2 of the BCA in relation to any matter relevant to the development. Standard Condition: E5
E.6 Hours of Work -Amenity of the neighbourhood . No work must take place on any Sunday or public holiday, b. No work must take place before 7am or after 5pm any weekday, c. No work must take place before 7am or after 1pm any Saturday, and d. No piling, piering, cutting, boring, drilling, rock breaking, rock sawing, jack hammering or bulk excavation of land or loading of material to or from trucks must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday. e. No rock excavation being cutting, boring, drilling, breaking, sawing, jack hammering or bulk excavation of rock, must occur without a 15 minute break every hour. This condition has been imposed to mitigate the impact of work upon the amenity of the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour, traffic and parking impacts. Note : The use of noise and vibration generating plant and equipment and vehicular traffic, including trucks in particular, significantly degrade the amenity of neighbourhoods and more onerous restrictions apply to these activities. This more invasive work generally occurs during the foundation and bulk excavation stages of development. If you are in doubt as to whether or not a particular activity is considered to be subject to the more onerous requirement (9am to 4pm weekdays and 9am to 1pm Saturdays) please consult with Council. Note : Each and every breach of this condition by any person may be subject to separate penalty infringement notice or prosecution. Note : The delivery and removal of plant, equipment and machinery associated with wide loads subject to RTA and Police restrictions on their movement out side the approved hours of work will be considered on a case by case basis. Note : Compliance with these hours of work does not affect the rights of any person to seek a remedy to offensive noise as defined by the Protection of the Environment Operations Act 1997, the Protection of the Environment Operations (Noise Control) Regulation 2000. Note : EPA Guidelines can be down loaded from http://www.epa.nsw.gov.au/noise/nglg.htm . Note : see http://www.epa.nsw.gov.au/resources/ci_build_sheet7.pdf Standard Condition: E6
E.7 Maintenance of Vehicular and Pedestrian Safety and Access The principal contractor or owner builder and any other person acting with the benefit of this consent must:
a. Not erect or maintain any gate or fence swing out or encroaching upon the road or the footway. b. Not use the road or footway for the storage of any article, material, matter, waste or thing. c. Not use the road or footway for any work . d. Keep the road and footway in good repair free of any trip hazard or obstruction. e. Not stand any plant and equipment upon the road or footway.
This condition does not apply to the extent that a permit or approval exists under the section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 of the Local Government Act 1993 except that at all time compliance is required with: a. Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and all relevant parts of this set of standards. b. Australian Road Rules to the extent they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999. Note : Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to close any road or road related area to traffic during any temporary obstruction or danger to traffic or for any temporary purpose. Any road closure requires Police approval. Note : Section 138 of the Roads Act 1993 provides that a person must not: (a) erect a structure or carry out a work in, on or over a public road, or (b) dig up or disturb the surface of a public road, or (c) remove or interfere with a structure, work or tree on a public road, or (d) pump water into a public road from any land adjoining the road, or (e) connect a road (whether public or private) to a classified road, otherwise than with the consent of the appropriate roads authority. Note : Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only with the prior approval of the council including: Part C Management of Waste: "1. For fee or reward, transport waste over or under a public place 2. Place waste in a public place 3. Place a waste storage container in a public place."
Part E Public roads: "1. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle projecting over the footway 2. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road." Any work in, on or over the Road or Footway requires Council Approval and in the case of classified roads the NSW Roads and Traffic Authority. Road includes that portion of the road uses as a footway. Standard Condition: E7
E.8 Compliance with Acid Sulfate Soils Management Plan The Principal Contract / Owner Builder and any subcontractor must comply with the Acid Sulfate Soil Management Plan and the NSW Government Acid Sulfate Soils Management Advisory Committee guidelines. Note : The Acid Sulfate Soils Management plan submitted with the Development Application sets out all the above requirements in detail. Note : A failure to implement and maintain the Acid Sulfate Soils Management plan can result in the following environmental harm: o damage to the soil structure so plant roots and soil organisms can't easily move about o plant roots being burnt by acid, reducing plant health and productivity o acid intolerant soil fauna and flora are killed, so the soil biodiversity and health are reduced o plants and soil life can be poisoned by the available toxic metals o loss of aquatic plants that can not survive acidic conditions o loss of fish, crustaceans, birds and other animals o damage to metal and concrete structures (such as bridge pylons and pipes) Standard Condition: E28
E.9 Replacement trees which must be planted The following compensatory replacement plantings must be planted to ensure the preservation of the landscape character of the area.
Species/Type Planting Location Container Size or Size of Tree (@ time of planting) Minimum Dimensions at Maturity Similar to existing (native) Rear yard western boundary to provide screening of 18 Forest 100 L 10m (h) Similar to existing (native) Rear yard western boundary to provide screening of 18 Forest 100 L 10m (h) Species as per Landscape Plan No. s 1/1, designed by Genesis Solutions, dated 20.6.06.
E.11 Level changes in the vicinity of trees No level changes are to occur within the specified radius from the trunks of the following trees to allow for the preservation of their root zones. Council Reference No: Species Location Radius from Trunk (Metres) 8 Corymbia citridora (Lemon-scented Gum tree) Rear property nor-eastern corner 4
E.12 Maintenance of landscaping All landscaping must be maintained in accordance with the approved landscape plans. Any alteration from that plan will require the prior written consent of Council.
E.13 Erosion and Sediment Controls - Maintenance The principal contractor or owner builder must maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan required under this consent; b) " Do it Right On Site, Soil and Water Management for the Construction Industry " published by the Southern Sydney Regional Organisation of Councils, 2001; and c) " Managing Urban Stormwater - Soils and Construction " published by the NSW Department of Housing 4th Edition (" The Blue Book ").
Where there is any conflict The Blue Book takes precedence.
Note 1 : A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution.
Note 2 : Section 257 of the Protection of the Environment Operations Act 1997 provides that "the occupier of premises at or from which any pollution occurs is taken to have caused the pollution". Warning , irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed whether or not they actually cause the pollution. Standard Condition: E15 E.14 Compliance with erosion & sediment control plans The erosion and sediment control plan must be implemented during site works and construction activities. All controls in the Plan must be maintained at all times. A copy of the Plan must be kept on-site at all times and made available to the accredited certifier and Council officers on request.
E.15 Stockpiles Stockpiles of topsoil, sand, aggregate, soil or other material must not be located on any drainage line or easement, natural watercourse, footpath or roadway, or within the dripline of any Street Tree. Stockpiles within the construction site must be protected with adequate sediment controls, in accordance with Council's Code for Sediment Control. E.16 Location of building operations Building operations such as brick cutting, washing tools or brushes and mixing mortar must not take place on public roadways or footways or in any other location which could lead to the discharge of materials into the stormwater drainage system. Footpaths, gutters and roadways must be swept regularly to keep them free from sediment. E.17 Disposal of site water during construction The principal contractor or owner builder must ensure: a) Prior to pumping any water into the road or public stormwater system that approval is obtained from Council under section 138(1)(d) of the Roads Act 1993; b) That water pollution , as defined by the Protection of the Environment Operations Act 1997, does not occur as the result of the discharge to the road, public stormwater system or other place or any site water; c) That stormwater from any roof or other impervious areas is linked, via temporary downpipes and stormwater pipes, to a Council approved stormwater disposal system immediately upon completion of the roof installation or work creating other impervious areas.
Note : This condition has been imposed to ensure that adjoining and neighbouring land is not adversely affected by unreasonable overland flows of stormwater and that site water does not concentrate water such that they cause erosion and water pollution. Standard Condition: E17
E.18 Footpath levels The existing footpath level and grade at the street alignment of the property must be maintained. E.19 Storage of materials & plant on Council's footpath Building, excavation or demolition materials and plant must not be stored on Council's footpath and/or roadway unless prior written approval has been obtained from Council's Development Engineer. E.20 Swimming and Spa Pools - Temporary Child Resistant Barriers and other matters Temporary child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 where any swimming pool or spa pool as defined by the Swimming Pools Act 1992 contains more than 300mm in depth of water at any time. Permanent child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 as soon as practical. Backwash and any temporary dewatering from any swimming pool or spa pool as defined by the Swimming Pools Act 1992 must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.
Note : This condition does not prevent Council from issuing an order pursuant to section 23 of the Swimming Pool Act 1992 or taking such further action as necessary for a breach of this condition or the Swimming Pools Act 1992. Standard Condition: E26
E.21 Public footpaths A safe pedestrian circulation route a minimum of 1.5m wide and with a pavement free of trip hazards must be maintained at all times on or adjacent to the public footpaths fronting the construction site. Where the footpath is damaged, repair works must be carried when directed by Council officers and in accordance with the relevant clauses of the current edition of AUS-SPEC. Where circulation is diverted on to the roadway clear directional signage and protective barricades must be installed in accordance with Aust AS1742-3 1996 "Traffic Control Devices for Work on Roads". If pedestrian circulation is not satisfactorily maintained, and action is not taken promptly to rectify the defects, Council may carry out remedial works and deduct the cost from the Damage Security Deposit.
E.22 Compliance with Acid Sulfate Soils Management Plan The Principal Contract / Owner Builder and any subcontractor must comply with the Acid Sulfate Soil Management Plan and the NSW Government Acid Sulfate Soils Management Advisory Committee guidelines.
Note : The Acid Sulfate Soils Management plan by Hayes Environmental Consulting P/L Report No EP434 AC dated 28 March 2007 submitted with the Development Application sets out all the above requirements in detail.
Note : A failure to implement and maintain the Acid Sulfate Soils Management plan can result in the following environmental harm: o damage to the soil structure so plant roots and soil organisms can't easily move about o plant roots being burnt by acid, reducing plant health and productivity o acid intolerant soil fauna and flora are killed, so the soil biodiversity and health are reduced o plants and soil life can be poisoned by the available toxic metals o loss of aquatic plants that can not survive acidic conditions o loss of fish, crustaceans, birds and other animals o damage to metal and concrete structures (such as bridge pylons and pipes) Standard Condition: E28
F. Conditions which must be satisfied prior to any occupation or use of the building (Part 4A of the Act and Part 8 Division 3 of the Regulation)
F.1 Occupation Certificate (section 109M of the Act) A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H (4) of the Act ) unless an occupation certificate has been issued in relation to the building or part. Note : New building includes an altered portion of, or an extension to, an existing building. Standard Condition: F1
F.2 Stormwater Certification & Work as Executed (WAE) Plans Prior to the issue of the final Occupation Certificate, Certification and Work-As-Executed (WAE) plans must be submitted and approved by the Accredited Certifier demonstrating that the site drainage system has been provided according to the submitted calculations and/or approved plans. Certifications must be provided by a suitably qualified engineer. WAE plans must be prepared and certified by a Registered Surveyor. The following must be provided: a) Certification that: o The drainage system has been installed in accordance with the drainage Conditions of Development Consent and relevant Australian Standards. o That all drainage components, are structurally adequate and have been installed in accordance with the relevant Codes and Standards and/or specifications. b) Work-As-Executed (WAE) plans showing: o Pipe and drainage system layout, including all pits, pipe diameters, grades, materials, invert levels and surface levels. o Details (exact point and method) of connection to Council system
F.3 Repair of damaged infrastructure If Council's infrastructure is damaged during the course of works, Council's Development Engineer must be notified and necessary repairs must be undertaken within the time stipulated by Council, to Council's specifications, and at no cost to Council. Works generally must be in accordance with the relevant clauses of the current edition of AUS-SPEC. If work is not undertaken to the satisfaction of the Development Engineer with regard to time or quality, Council may carry out remedial works and deduct the cost from the Damage Security Deposit. F.4 Street Numbering The development must be provided with street and sole occupancy unit numbers determined by Council. This condition has been imposed to ensure that emergency services, utility services, and the general public are able to clearly and readily locate any property. Further, this condition has been imposed to protect the integrity of street numbering and land information. Note : Applications for the allocation of street and sole occupancy unit numbers should be made together with any application for a strata certificate or Torrens or community title subdivision certificate. Council will determine at its discretion in accordance with its policy street numbers and street addresses that best suit the public interest. Standard Condition: F11
F.5 Letter Box(es) All letter boxes must be constructed and located in accordance with AS/NZS 4253:1994 Mailboxes and to Australia Post's satisfaction. Note : This condition has been imposed to ensure that mail can be delivered to occupiers of the site. Standard Condition: F12
F.6 Swimming and Spa Pools - Permanent Child Resistant Barriers and other matters Prior to any occupation or use of the development and prior to filling any swimming pool as defined by the Swimming Pool Act 1992: a. Permanent child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992. b. The Principal Contractor or owner must apply for and obtain a Compliance Certificate under section 24 of the Swimming Pools Act 1992. c. Public Pools must comply with the NSW Health Public Swimming Pool and Spa Pool Guidelines in force at that time and private pools are encouraged to comply with the same standards as applicable. d. Water recirculation and filtration systems must be installed in compliance with AS 1926.3-2003: Swimming pool safety - Water recirculation and filtration systems . Backwash must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. e. Water recirculation and filtration systems must be connected to the electricity supply by a timer that limits the systems operation such that it does not operate: f. before 8 am or after 8 pm on any Sunday or public holiday, or before 7 am or after 8 pm on any other day. Note : The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from: http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf Standard Condition: F13
F.7 Amenity landscaping The owner or principal contractor must install all approved amenity landscaping (screen planting, soil stabilisation planting, etc.) prior to any occupation or use of the site.
F.8 Landscaping All landscape work including all planting must be completed by the principal contractor or owner in compliance with the approved landscape plan, arborist report, transplant method statement and tree management plan. The principal contractor or owner must provide to PCA a works-as-executed landscape plan and certification from a qualified landscape architect/designer, horticulturist and/or arborist as applicable that the works as completed comply with this consent.
G. Conditions which must be satisfied prior to the issue of any Subdivision Certificate None relevant
H. Conditions which must be satisfied prior to the issue of a Final Occupation Certificate (s109C(1)(c))
H.1 Fulfillment of BASIX commitments - Clause 154B of the Regulation All BASIX commitments must be effected in accordance with the BASIX Certificate No78183S. Note : Clause 154B(2) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying authority must not issue a final occupation certificate for a BASIX affected building to which this clause applies unless it is satisfied that each of the commitments whose fulfilment it is required to monitor has been fulfilled." Standard Condition: H7 H.2 Removal of Ancillary Works and Structures The principal contractor or owner must remove from the land and any adjoining public place: a. The site sign; b. Ablutions; c. Hoarding; d. Scaffolding; and e. Waste materials, matter, article or thing. Note : This condition has been imposed to ensure that all ancillary matter is removed prior to the issue of the Final Occupation Certificate . Standard Condition: H12
H.3 Road Works (including footpaths) The following works must be completed to the satisfaction of Council, in compliance with Council's "Specification for Roadworks, Drainage and Miscellaneous Works" dated January 2003 unless expressly provided otherwise by these conditions at the principal contractor's or owner's expense: a. stormwater pipes, pits and connections to public stormwater systems within the road ; b. driveways and vehicular crossings within the road ; c. removal of redundant driveways and vehicular crossings; d. new footpaths within the road ; e. new or replacement street trees; f. new footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street. g. new or reinstated kerb and guttering within the road ; and h. new or reinstated road surface pavement within the road . Note : Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until compliance has been achieved with this condition. An application for refund of security must be submitted with the Final Occupation Certificate to Council. This form can be downloaded from Council's website www.woollahra.nsw.gov.au or obtained from Council's customer service centre. Standard Condition: H13
H.4 Flood protection - Floor levels The site is in an area affected by flood waters, and as such the following minimum floor levels are required. In accordance with Councils Draft Stormwater Management Code, the following floor levels must be attained; o Garage Floor Level - RL 3.35 m AHD (this includes 0.15 m freeboard) o Habitable Floor Levels - RL 3.50 m AHD (this includes 0.3 m freeboard)
The floor levels must be certified by a registered surveyor prior to installation of floor coverings. The certification must be submitted to the Accredited Certifier prior to the release of the Final Building Certificate.
H.5 Road and Public Domain Works - Council approval required The following works must be undertaken at the applicant's expense prior to the final building inspection and the issue of the Occupation Certificate. o Construction of a new full width concrete driveway crossing 4.8m wide and layback in accordance with Council's Standard Drawing RF2. Levels in the footpath area must match existing. o Removal of all driveway crossings and kerb laybacks which will be no longer required. o Where a grass verge exists, the balance of the area between the footpath and the kerb over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of Couch turf. An "Application to carry out works in a public road" must be completed and submitted to Council's Customer Service Centre and approved by Council prior to commencement of construction of a new driveway. For any technical enquiries regarding alteration to existing footpath levels, alignments or inspections, please contact Council's Works Supervisor on 9391 7982.
I. Conditions which must be satisfied during the ongoing use of the development
I.1 Maintenance of BASIX commitments All BASIX commitments must be maintained in accordance with the BASIX Certificate No78183S. Note: This condition affects successors in title with the intent that environmental sustainability measures must be maintained for the life of development under this consent. Standard Condition: I7 I.2 Swimming and Spa Pools - Maintenance Swimming and Spa Pools must be maintained: a. in compliance with the Swimming Pools Act 1992 with regard to the provision of child-resistant barriers and resuscitation signs; b. in compliance with the NSW Health "Public Swimming Pool and Spa Pool Guidelines" in force at that time. Private pools are encouraged to comply with the same standards as applicable; c. in compliance with AS 1926.3-2003:Swimming pool safety - Water recirculation and filtration systems ; d. with backwash being discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996, and e. with a timer that limits the recirculation and filtration systems operation such that it does not emit noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open): o before 8 am or after 8 pm on any Sunday or public holiday, or o before 7 am or after 8 pm on any other day. Note : Child-resistant barriers, resuscitation signs, recirculation and filtration systems and controls systems require regular maintenance to ensure that life safety, health and amenity standards are maintained. Note : The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from: http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf Standard Condition: I13 I.3 Outdoor lighting - Residential Outdoor lighting must comply with AS 4282-1997: Control of the obtrusive effects of outdoor lighting. The maximum luminous intensity from each luminare must not exceed the level 1 control relevant under table 2.2 of AS 4282. The maximum illuminance and the threshold limits must be in accordance with table 2.1 of AS 4282. Reason : This condition has been imposed to protect the amenity of neighbours and limit the obtrusive effects of outdoor lighting in public places. Note : This condition has been imposed to control the obtrusive effects of outdoor lighting. Standard Condition: I42 I.4 Noise Control The use of the premises must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997 . Reason: This condition has been imposed to protect the amenity of the neighbourhood. Note : Council will generally enforce this condition in accordance with the Noise Guide for Local Government ( http://www.environment.nsw.gov.au/noise/nglg.htm ) and the Industrial Noise Guidelines ( http://www.environment.nsw.gov.au/noise/industrial.htm ) publish by the Department of Environment and Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997.
Useful links : Community Justice Centres - free mediation service provided by the NSW Government ( www.cjc.nsw.gov.au ). Department of Environment and Conservation NSW , Noise Policy Section web page ( www.environment.nsw.gov.au/noise ). New South Wales Government Legislation home page for access to all NSW legislation, including the Protection of the Environment Operations Act 1997 and the Protection of the Environment Noise Control Regulation 2000 ( www.legislation.nsw.gov.au ). Australian Acoustical Society - professional society of noise-related professionals ( www.acoustics.asn.au /index.php ). Association of Australian Acoustical Consultants - professional society of noise related professionals ( www.aaac.org.au ). Department of Gaming and Racing - ( www.dgr.nsw.gov.au ). Standard Condition: I50
I.5 Rainwater Storage - Installation o Water is to be collected from the roof only o All plumbing and drainage work is to be undertaken by a licensed plumber in accordance with the requirements of the NSW Code of Practice for Plumbing and Drainage 3rd Edition 2006. o Where reticulated water supply is available, cross connection control and backflow prevention shall be in accordance with the requirements of Sydney Water. o Overflow from the rainwater tank is to be directed to the stormwater drainage system in accordance with Councils requirements. o Rainwater tank inlets should be screened and tanks provided with tight fitting access covers to prevent ingress of foreign matter and are to be child proofed. o The rainwater tank is to be mosquito proofed to prevent breeding. o Signage for rainwater tank outlets and pipes shall be in accordance with the requirements of Sydney Water.
I.6 Rainwater Tank - Operation and Maintenance All rainwater tank systems shall be operated and maintained in accordance with the technical provisions of the NSW Code of Practice for Plumbing and Drainage 3rd Edition 2006, AS/NZS 3500 as adopted by the Building Code of Australia, and the NSW Health Guideline "Use of Rainwater Tanks Where a Public Water Supply is Available". Note: The NSW Health Guideline can be downloaded from http://www.health.nsw.gov.au/policies/gl/2007/pdf/GL2007_009.pdf . The guideline's introduction states: "In urban areas the public water supply remains the most reliable source of good quality drinking water for the community. In these areas NSW Health supports the use of rainwater tanks for non-drinking uses, such as toilet flushing, washing clothes or in water heating systems, and outdoors for uses such as garden watering, car washing, filling swimming pools, spas and ornamental ponds, and fire fighting. Use of rainwater conserves the public water supply and helps to reduce stormwater impacts. In urban areas NSW Health recommends that people use the public water supply for drinking and cooking because it is filtered, disinfected and generally fluoridated." Permitted Uses of Stored Rainwater o Toilet/urinal flushing; o Clothes washing machines; o Garden irrigation; o Car washing and similar outdoor use; o Filling ornamental ponds o Filling of swimming pools and spas; and Standard Condition: I35
J. Miscellaneous Conditions None relevant
K.1 Criminal Offences - Breach of Development Consent & Environmental laws Failure to comply with this development consent and any condition of this consent is a criminal offence . Failure to comply with other environmental laws are also a criminal offence. Where there is any breach Council may without any further warning: o Issue Penalty Infringement Notices (On-the-spot fines); o Issue notices and orders; o Prosecute any person breaching this consent; and/or o Seek injunctions/orders before the courts to restrain and remedy any breach.
Warnings as to potential maximum penalties Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or custodial sentences for serious offences.
Warning as to enforcement and legal costs Should Council have to take any action to enforced compliance with this consent or other environmental laws Council's policy is to seek from the Court appropriate orders requiring the payments of its costs beyond any penalty or remedy the Court may order. This consent and this specific advice will be tendered to the Court when seeking costs orders from the Court where Council is successful in any necessary enforcement action. Note : The payment of environmental penalty infringement notices does not result in any criminal offence being recorded. If a penalty infringement notice is challenged in Court and the person is found guilty of the offence by the Court, subject to section 10 of the Crimes (Sentencing Procedure) Act 1999, a criminal conviction is recorded. The effect of a criminal conviction beyond any fine is serious. You can obtain further information from the following web sites: http://www.theshopfront.org/documents/ConvictionsCriminalRecords.pdf and the Attorney General's www.agd.nsw.gov.au . Standard Advising: K1 K.2
The principal contractor , owner builder or any person digging may be held financially responsible by the asset owner should they damage underground pipe or cable networks. Minimise your risk and Dial 1100 Before You Dig or visit www.dialbeforeyoudig.com.au . When you contact Dial Before You Dig, you will be sent details of all Dial Before You Dig members who have underground assets in the vicinity of your proposed excavation. Standard Advising: K2
K.3 NSW Police Service and Road Closures The Rose Bay Local Area Command closely aligns with the boundaries of the Woollahra local government area. Council and Police approval is required prior to a partial or full temporary road closure. If you are seeking a partial or full temporary road closure you must comply with the relevant conditions of this consent and you must also gain the approval of the Traffic Sergeant, Paddington Police Station, 16 Jersey Road, Paddington. Phone No. 02 8356 8299 or Fax No. 0283568211. Warning : If you partially or fully close a road without compliance with Council and Police requirements Council Rangers or the Police can issue Penalty Infringement Notices or Court Attendance Notices leading to prosecution. Standard Advising: K4 K.4 Builders Licences and Owner Builders Permits Section 81A of the Act requires among other matters that the person having the benefit of the development consent, if not carrying out the work as an owner-builder , must appointed a principal contractor for residential building work who must be the holder of a contractor licence. Further information can be obtained from the NSW Office of Fair Trading website about how you obtain an owner builders permit or find a principal contractor (builder): http://www.dft.nsw.gov.au/building.html . The Owner(s) must appoint the PCA . The PCA must check that Home Building Act insurance is in place before the commencement of building work. The Principal Contractor (Builder) must provide the Owners with a certificate of insurance evidencing the contract of insurance under the Home Building Act 1989 for the residential building work. Standard Condition: K5
K.5 Building Standards - Guide to Standards and Tolerances The PCA does not undertake detailed quality control inspections and the role of the PCA is primarily to ensure that the development proceeds in accordance with this consent, Construction Certificates and that the development is fit for occupation in accordance with its classification under the Building Code of Australia. Critical Stage Inspections do not provide the level of supervision required to ensure that the minimum standards and tolerances specified by the "Guide to Standards and Tolerances©" ISBN 0 7347 6010 8 are achieved. The quality of any development is a function of the quality of the principal contractor's or owner builder's supervision of individual contractors and trades on a daily basis during the development. The PCA does not undertake this role. The NSW Office of Fair Trading have published a "Guide to Standards and Tolerances©" ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair Trading by calling 13 32 20 or by Fax: 9619 8618 or by post to: Marketing Branch, PO Box 972, Parramatta NSW 2124. The Guide can be down loaded from: http://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/dft242.pdf Council, as the PCA or otherwise, does not adjudicate building contract disputes between the principal contractor , contractors and the owner. Standard Condition: K6
K.6 Workcover requirements The Occupational Health and Safety Act 2000 No 40 and subordinate regulations, codes of practice and guidelines control and regulate the development industry. Note : Further information can be obtained from Workcover NSW's website: http://www.workcover.nsw.gov.au/Industry/Construction/default.htm or through their head office: Location: Workcover NSW, 92-100 Donnison Street, GOSFORD 2250 Postal address: WorkCover NSW, Locked Bag 2906, LISAROW 2252, Phone (02) 4321 5000, Fax (02) 4325 4145. Standard Condition: K7
K.7 Asbestos Removal, Repair or Disturbance Anyone who removes, repairs or disturbs bonded or a friable asbestos material must hold a current removal licence from Workcover NSW. Before starting work, a work site-specific permit approving each asbestos project must be obtained from Workcover NSW. A permit will not be granted without a current Workcover licence. All removal, repair or disturbance of or to asbestos material must comply with: o The Occupational Health and Safety Act 2000; o The Occupational Health and Safety Regulation 2001; o The Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1998)]; o The Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC: 3002 (1998)] http://www.nohsc.gov.au/ ]; and o The Workcover NSW Guidelines for Licensed Asbestos Removal Contractors. Note : The Code of Practice and Guide referred to above are known collectively as the Worksafe Code of Practice and Guidance Notes on Asbestos. They are specifically referenced in the Occupational Health and Safety Regulation 2001 under Clause 259. Under the Occupational Health and Safety Regulation 2001, the Worksafe Code of Practice and Guidance Notes on Asbestos are the minimum standards for asbestos removal work. Council does not control or regulate the Worksafe Code of Practice and Guidance Notes on Asbestos. You should make yourself aware of the requirements by visiting www.workcover.nsw.gov.au or one of Workcover NSW's offices for further advice. Standard Advising: K8 K.8 Lead Paint It is beyond the scope of this consent to provide detailed information about dealing with lead paint. Painters working in an area containing lead-based paint should refer to Australian Standard AS 4361.1-1995, Guide to Lead Paint Management - Industrial Applications, or AS 4361.2-1998, Guide to Lead Paint Management - Residential and Commercial Buildings. Industrial paints may contain lead. Lead is used in some specialised sign-writing and artist paints, and road marking paints, and anti-corrosive paints. Lead was a major ingredient in commercial and residential paints from the late 1800s to 1970. Most Australian commercial buildings and residential homes built before 1970 contain lead paint. These paints were used both inside and outside buildings. Lead hazards - Lead particles are released when old lead paint flakes and peels and collects as dust in ceiling, wall and floor voids. If dust is generated it must be contained. If runoff contains lead particles it must be contained. Lead is extremely hazardous, and stripping of lead-based paint and the disposal of contaminated waste must be carried out with all care. Lead is a cumulative poison and even small levels in the body can have severe effects. Standard Advising: K9
K.9 Dividing Fences The erection of dividing fences under this consent does not affect the provisions of the Dividing Fences Act 1991. Council does not adjudicate civil disputes relating to the provision of, or payment for, the erection of dividing fences. Note: Further information can be obtained from the NSW Department of Lands - http://www.lands.nsw.gov.au/LandManagement/Dividing+Fences.htm . Community Justice Centres provide a free mediation service to the community to help people resolve a wide range of disputes, including dividing fences matters. Their service is free, confidential, voluntary, timely and easy to use. Mediation sessions are conducted by two impartial, trained mediators who help people work together to reach an agreement. Over 85% of mediations result in an agreement being reached. Mediation sessions can be arranged at convenient times during the day, evening or weekends. Contact the Community Justice Centre either by phone on 1800 671 964 or at http://www.cjc.nsw.gov.au/ . Standard Advising: K10
K.10 Release of Security An application must be made to Council by the person who paid the security for release of the securities held under section 80A of the Act . The securities will not be released until a Final Occupation Certificate has lodged with Council, Council has inspected the site and Council is satisfied that the public works have been carried out to Council's requirements. Council may use part or all of the security to complete the works to its satisfaction if the works do not meet Council's requirements. Council will only release the security upon being satisfied that all damage or all works, the purpose for which the security has been held have been remedied or completed to Council's satisfaction as the case may be. Council may retain a portion of the security to remedy any defects in any such public work that arise within 6 months after the work is completed. Upon completion of each section of road, drainage and landscape work to Council's satisfaction, 90% of the Bond monies held by Council for these works will be released upon application. 10% may be retained by Council for a further 6 month period and may be used by Council to repair or rectify any defects or temporary works during the 6 month period. Note: The Application for Refund of Security form can be downloaded from http://www.woollahra.nsw.gov.au/pdf/Forms/Planning/RefundofSecurity.pdf Standard Condition: K15
K.11 Recycling of Demolition and Building Material It is estimated that building waste, including disposable materials, resulting from demolition, excavation, construction and renovation, accounts for almost 70% of landfill. Such waste is also a problem in the generation of dust and the pollution of stormwater. Council encourages the recycling of demolition and building materials. Standard Condition: K17
K.12 Owner Builders Under the Home Building Act 1989 any property owner who intends undertaking construction work to a dwelling house or dual occupancy to the value of $12,000 or over must complete an approved education course and obtain an owner-builder permit from the Office of Fair Trading. See www.fairtrading.nsw.gov.au . Standard Condition: K18
K.13 Pruning or Removing a Tree Growing on Private Property Woollahra Municipal Council's Tree Preservation Order 2006 (TPO) may require that an application be made to Council prior to pruning or removing any tree. The aim is to secure the amenity of trees and preserve the existing landscape within our urban environment. Before you prune or remove a tree, make sure you read all relevant conditions. You can obtain a copy of the TPO from Council's website www.woollahra.nsw.gov.au or you may contact Council on 9391-7000 for further advice. Standard Condition: K19
K.14 Rainwater Storage - Installation o Water is to be collected from the roof only o All plumbing and drainage work is to be undertaken by a licensed plumber in accordance with the requirements of the NSW Code of Practice for Plumbing and Drainage 3rd Edition 2006. o Where reticulated water supply is available, cross connection control and backflow prevention shall be in accordance with the requirements of Sydney Water. o Overflow from the rainwater tank is to be directed to the stormwater drainage system in accordance with Councils requirements. o Rainwater tank inlets should be screened and tanks provided with tight fitting access covers to prevent ingress of foreign matter and are to be child proofed. o The rainwater tank is to be mosquito proofed to prevent breeding. o Signage for rainwater tank outlets and pipes shall be in accordance with the requirements of Sydney Water.
K G Hoffman
Commissioner of the Court
ljr
30/03/2009 - typographical errors and sentence deleted in conditions and new sentence added in. - Paragraph(s) 10, 14, 19, 15 and 22 and condition c12 20/04/2009 - Typographical errors - Paragraph(s) 11 and 14
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.
Klompe
Woollahra Municipal Council
CITATION : Klompe v Woollahra Municipal Council [2009] NSWLEC 1071 This decision has been amended. Please see the end of the judgment for a list of the amendments.
Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125. Standard Condition: B1